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1. REQUISITION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 1 OF 70
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
N00189-10-R-Z017 12-May-2011
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: ERIN KILRAIN 215-697-9617 12:00 PM 13 Jun 2011
9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS
N00189
X UNRESTRICTED DESTINATION UNLESS
FISC NORFOLK CONTRACTING DEPARTMENT
BLOCK IS MARKED
PHILADELPHIA OFFICE SET ASIDE: % FOR
700 ROBBINS AVENUE, BLDG 2B SEE SCHEDULE
SB
PHILADELPHIA PA 19111-5083
HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER
X
UNDER DPAS (15 CFR 700)
8(A)
13b. RATING D-S10
SVC-DISABLED VET-OWNED SB
TEL: 14. METHOD OF SOLICITATION
EMERGING SB
FAX: RFQ IFB X RFP
SIZE STD: $175M in NAICS: 522110
15. DELIVER TO CODE assets
16. ADMINISTERED BY CODE
SEE SCHEDULE
17a.CONTRACTOR/ OFFEROR CODE 18a. PAY MENT WILL BE MADE BY CODE
FACILITY
TEL. CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
0
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29. AWARD OF CONTRACT: REFERENCE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED . Y OUR OFFER ON SOLICITATION
X (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
(TYPE OR PRINT)
TEL: EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 70
(CONTINUED)
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAY MENT 37. CHECK NUMBER
CORRECT FOR
COMPLETE PARTIAL FINAL
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
N00189-10-R-Z017
Page 3 of 71
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Months
Third Party Payment System Services
In accordance with the PWS in the Continuation Sheet. TPPS Services shall be
provided at no cost to the Government.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Lot
Government Rebate
FFP
Refunded to the Government as a percentage of the total transaction dollar amount.
FOB: Destination
NET AMT
N00189-10-R-Z017
Page 4 of 71
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 Months
OPTION Third Party Payment System Services
In accordance with the PWS in the Continuation Sheet. TPPS Services shall be
provided at no cost to the Government.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 1 Lot
OPTION Government Rebate
FFP
Refunded to the Government as a percentage of the total transaction dollar amount.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 Months
OPTION Third Party Payment System Services
In accordance with the PWS in the Continuation Sheet. TPPS Services shall be
provided at no cost to the Government.
FOB: Destination
NET AMT
N00189-10-R-Z017
Page 5 of 71
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 1 Lot
OPTION Government Rebate
FFP
Refunded to the Government as a percentage of the total transaction dollar amount.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3001 Months
OPTION Third Party Payment System Services
In accordance with the PWS in the Continuation Sheet. TPPS Services shall be
provided at no cost to the Government.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3002 1 Lot
Government Rebate
FFP
Refunded to the Government as a percentage of the total transaction dollar amount.
FOB: Destination
NET AMT
N00189-10-R-Z017
Page 6 of 71
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4001 Months
OPTION Third Party Payment System Services
In accordance with the PWS in the Continuation Sheet. TPPS Services shall be
provided at no cost to the Government.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4002 1 Lot
OPTION Government Rebate
FFP
Refunded to the Government as a percentage of the total transaction dollar amount.
FOB: Destination
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
N00189-10-R-Z017
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DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-OCT-2011 TO N/A N/A
30-SEP-2012 FOB: Destination
0002 POP 01-OCT-2011 TO N/A N/A
30-SEP-2012 FOB: Destination
1001 POP 01-OCT-2012 TO N/A N/A
30-SEP-2013 FOB: Destination
1002 POP 01-OCT-2012 TO N/A N/A
30-SEP-2013 FOB: Destination
2001 POP 01-OCT-2013 TO N/A N/A
30-SEP-2014 FOB: Destination
2002 POP 01-OCT-2013 TO N/A N/A
30-SEP-2014 FOB: Destination
3001 POP 01-OCT-2014 TO N/A N/A
30-SEP-2015 FOB: Destination
3002 POP 01-OCT-2014 TO N/A N/A
30-SEP-2015 FOB: Destination
4001 POP 01-OCT-2015 TO N/A N/A
30-SEP-2016 FOB: Destination
4002 POP 01-OCT-2015 TO N/A N/A
30-SEP-2016 FOB: Destination
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which
proposes to furnish an item which it did not itself manufacture, is 500 employees.
N00189-10-R-Z017
Page 8 of 71
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the
exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as
otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those
representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts
for the same or similar items and other references (including contract numbers, points of contact with telephone
numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all
terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or
information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from
the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time
specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no
expense to the Government, and returned at the sender's request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the
Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers
or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in
the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is
N00189-10-R-Z017
Page 9 of 71
received before award is made, the Contracting Officer determines that accepting the late offer would not unduly
delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the
initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral
testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received
at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,
offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to
the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person
requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a
contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms
from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later
determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is
in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers
received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies
the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for
quantities less than those specified. The Government reserves the right to make an award on any item for a quantity
less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this
solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may
be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee.
N00189-10-R-Z017
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(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of
$3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR)
database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.
The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR
Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-
866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States
must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror
for a Government contract when contacting the local Dun and Bradstreet office.
(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer,
the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to
award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror
does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting
Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information
on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-
2423 or 269-961-5757.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following
information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
N00189-10-R-Z017
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(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
(End of provision)
Addendum to FAR 52.212-1
To the extent that any instructions set forth in this addendum are in conflict with the instructions set forth at FAR
52.212-1, the instruction set forth in this addendum shall take precedence.
TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)
The Government contemplates award of a __Firm Fixed Price Rebate__ contract resulting from this solicitation.
METHOD OF PROPOSAL SUBMISSION
The NECO website has a "submit bid" button next to the solicitation number.
DO NOT use the "submit bid" button on NECO to submit your proposal.
Offerors shall mail their proposal to
Erin Kilrain, Code 260.2A
FISC Norfolk, Contracting Dept., Phila Office
Phila., PA 19111-5083
SUBMISSION OF PROPOSALS (BEST VALUE) (FISC NORFOLK DET PHILA)
I. GENERAL
In addition to instructions to offerors contained elsewhere in this solicitation, the following instructions are provided.
Initial proposals and any modifications thereto are to be submitted to the Contracting Officer on or before the closing
date cited in the Request for Proposals. Faxes, e-mails, and/or responses through NECO or any method other than
Hard Copy format are not acceptable.
Hand-carried proposals are not encouraged. The Contracting Office is located on a secured compound. Only
personnel with current DoD Common Access Cards (CACs) or appropriate military credentials will be able to access
the compound. There will be no ability to drop off the proposals outside the compound.
Offerors shall submit their proposal as follows:
Volume I Technical Proposal Original and 4 copies
Volume II Price/Cost Proposal Original and 2 copies
In addition, offers consist of and shall include the following items as part of Volume I:
Solicitation cover sheet with appropriate blocks completed by the offeror
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Solicitation pricing pages completed by the offeror
Representations and Certifications completed by the offeror in accordance with instructions contained elsewhere in
this solicitation.
The completion and submission of the above items will constitute an offer (proposal) and will be considered the
offeror’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits
hereto. Alternate proposals are not authorized. An objection to any of the terms and conditions of the solicitation
will constitute a deficiency (see FAR 15.001) which will make the offer unacceptable.
Volume I Technical Proposal
This volume shall address Technical Approach, Past Performance, Management Plan, and the Extent of Participation
of Small Businesses, Small Disadvantaged Businesses, Women-Owned Small Businesses and Historically Black
Colleges or Universities and Minority Institutions in Performance of the Contract and include all information
required for proposal evaluation. Each page of each copy should include the following legend:
Source Selection Information - See FAR 2.101 and 3.104
Volume II Price/Cost Proposal
This volume shall include the completed solicitation documents and a complete and detailed price/cost breakdown
with all supporting information. Each page of each copy should include the following legend:
Source Selection Information - See FAR 2.101 and 3.104
IMPORTANT NOTES:
(1) Offerors shall respond to all requirements of the solicitation document. Offerors are cautioned not to alter or
disassemble the solicitation.
(2) In the event any person who is not a bona fide employee of the offeror participated in the creation, formulation,
or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be
signed by an officer of the offeror. Such certificate shall identify the name of the person who is not a bona fide
employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the
offeror, and the portion of the proposal in which the person participated.
II. REQUIREMENTS FOR PROPOSAL CONTENT
(1) Any offeror who will be submitting CLASSIFIED data in its technical proposal shall first notify the Contracting
Officer by contacting the point of contact in the solicitation. CLASSIFIED data that is forwarded as part of an
offeror’s proposal shall be housed in its own binder, separate from the unclassified portion.
(2) Introduction and Purpose - This section specifies the format that offerors should use in proposals submitted in
response to this solicitation. The intent is not to restrict the offerors in the manner in which they will perform their
work but rather to ensure a certain degree of uniformity in the format of the proposals for evaluation purposes.
(3Volume I should contain the following items in addition to the other information required by this solicitation:
Cover: The cover should indicate the following:
Title of the proposal
Volume Number (I or II)
Solicitation number
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Name and address of offeror
Identification of original signature copies
Table of Contents: The table of contents should provide detail
sufficient to allow the important elements to be
easily located. The use of tabs and dividers is
encouraged.
(4) Requirements for Style: Each offeror shall submit a proposal that clearly and concisely sets forth the
contractor’s response to the requirements of the solicitation. Unnecessary elaboration or other presentations beyond
that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of
the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper or bindings, and expensive visual or
other presentation aids are neither necessary nor desired. The proposal shall contain all the pertinent information in
sufficient detail in the one area of the proposal where it contributes most critically to the discussion. When
necessary, the offeror shall refer to the initial discussion and identify its location within its proposal.
(5) Page Limitations*
Volume I, “Technical Proposal,” is limited to a maximum of 75 pages in length inclusive of any charts, diagrams,
and/or other graphics. Each “page” is defined as one sheet, 8 ½ “ x 11”, with at least one inch margins on all sides,
using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a
minimum, be single-spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided
pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The cover sheet, table of contents (not to
exceed one page per volume), tabs, and dividers will not count toward the page limit. The one exception to the font
size requirement shown above is that the "corporate experience and past performance information forms" may be
completed with a point size of 10 or greater.
PAGES SUBMITTED IN EXCESS OF THE PAGE LIMITS ENUMERATED
ABOVE WILL NOT BE EVALUATED BUT WILL BE RETURNED TO THE
QUOTER. THE PAGE LIMITATIONS APPLY TO BOTH THE INITIAL QUOTE AND THE BEST AND
FINAL QUOTE (IF APPLICABLE).
Volume II, Price/Cost Proposal” is not page limited. However, the Price/Cost Proposal is to be strictly limited to
price and cost information (and the completed solicitation document).
III. PROPOSAL CONTENT
(1) Volume I – Technical Proposal
The technical evaluation factors are listed below in descending order of importance. Technical Approach is the most
important factor, and significantly more important than Past Performance and Management Plan, which are of equal
importance and all factors are significantly more important than the Socio-Economic Plan
(a) Technical Approach
The offeror shall provide in detail a technical approach that will successfully accomplish the requirements of the
solicitation, including the PWS. The offeror should describe any risks associated with the solicitation, including the
PWS and any risks associated with implementation of the offeror’s technical approach; describe any techniques and
actions to mitigate such risks; and explain whether the techniques and actions identified for risk mitigation have been
successfully used by the offeror. The offeror should provide any other information the offeror considers relevant to
the solicitation.
The Technical Approach shall address, at a minimum:
N00189-10-R-Z017
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Contractor’s approach to meet DoD Electronic Transportation Bill Payment Environment (ETBPE) third
party payment needs.
The approach of the contactor’s process and tools to perform account holder, approving/certifying official
and DoD ETBPE PMO tasks.
Contractor’s approach to processing and monitoring Government Rebate (if applicable).
Processing fee percentage that will be proposed to, or already under contract with, DoD Approved Freight
Carriers/Sellers that have successfully completed the SDDC FCRP and Shipping System. Processing fee
percentage shall be no more than 2%;
Contractor’s approach to transition the DoD ETBPE program from the current contract and associated risk.
The Contractor shall submit a transition plan as part of their Technical Proposal for the first 12 months of
the contract which represents a clear understanding of all efforts involved in the transition from the prior
contract. The plan shall present economical, effective and a workable solution to include training when
necessary to accomplish the transition at no cost to the Government. The Contractor shall be responsible
for the distribution and the synchronization of the support services with the daily operations of the
Government. The Transition Plan, at a minimum, shall specifically address:
o Sample agencies’/organizations’ transition schedule;
o Communication approach (including meetings with Contractor, agency/organization,
TPPS PMO);
o Approach to negotiating contracts with DoD Approved Freight Carriers/Sellers;
o Data transmission, storage, and security;
o Training
(b) Past Performance
The offeror shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past
performance. Relevant past performance is performance under contracts or efforts (within the past five years) that is
of the same or similar scope (Requirements set forth in the RFP’s PWS), of the same or similar magnitude
(Processing the number of monthly transactions comparable to the 670,903 monthly transactions that will be
processed through this payment system AND Performing monthly transaction amounts of a dollar value comparable
to the $377,000,000.00 in monthly transactions that will be processed under this payment system), and of the same or
similar complexity (Processing transactions for a number of different accounts comparable to the 698 electronic
transportation bill payment accounts that will be processed through this payment system) to that which is described
in the solicitation.
Past Performance is also defined by how well the offeror has performed on the contracts under evaluation.
To demonstrate its past performance, the offeror shall identify up to three (3) of its most relevant contracts or efforts
within the past five (5) years, and provide any other information the offeror considers relevant to the requirements of
the solicitation. Offerors should provide a detailed explanation demonstrating the relevance of the contracts or
efforts to the requirements of the solicitation. If subcontractor experience is provided as part of the THREE most
relevant contracts, it will be given weight relative to the percentage of effort being provided by that particular
subcontractor in the offer submitted. The references will be evaluated in the aggregate in order to allow offerors who
may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be
considered acceptable if experience with the full scope, magnitude, and complexity of the requirement can be
demonstrated within the allotted number of references as described above.
The offeror should complete a “Past Performance Information Form” for each reference submitted. The form is on
the following page, within this solicitation. The forms will count toward the Volume I page limit described above.
For additional information regarding a particular reference beyond that which will fit on the form, the offeror may
continue onto another sheet of paper. Such continuation sheet(s) for submitted references will count toward the
Volume I page limit.
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Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past
performance. However, the proposal of a company with no relevant past performance history, while not rated
favorably or unfavorably for past performance, may not represent the most advantageous proposal to the
Government and thus, may be an unsuccessful proposal when compared to the responses of other offerors. The
offeror should provide the information requested above for past performance evaluation, or affirmatively state that it
possesses no relevant directly related or similar past performance. If the offeror does neither of the foregoing, the
proposal may not be awardable. The assessment of the offeror’s past performance will be used as a means of
evaluating the relative capability of the responder and other competitors to successfully meet the requirements of the
RFP. The Government will give greater consideration to the contracts that the Government feels are most relevant to
the RFP.
The offeror should address its past performance in complying with requirements of the clauses at FAR 52.219-8,
"Utilization of Small Business Concerns," and 52.219-9, "Small Business Subcontracting Plan."
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PAST PERFORMANCE INFORMATION FORM Form ___ of 3
Name of OFFEROR:
Contract Number:
Customer Name & Location:
Customer Point of Contact (Name & Title):
Telephone Number (PLEASE VERIFY):
Total annual dollar amount of transactions for this 2010 2009 2008
contract during the past three years: $ $ $
(For ordering agreement, show both the annual maximum
contract amount and the amount of orders actually
performed.)
(Change the dates to reflect 2007 and 2006 if necessary)
Number of transactions processed Period of Performance for the From:
per year: contract: To:
Number of different accounts
processed per year:
Detailed description of the work performed sufficient to demonstrate the relevance of the reference to the RFP:
Quality, delivery, or cost problem(s); corrective action(s) taken; and effectiveness of the corrective action(s):
Subcontractor(s) Utilized in Performance of this contract, description of the extent of work performed by subcontractor(s),
along with annual dollar value of all subcontracts:
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(c) Management Plan
The offeror shall provide in detail a management approach that will successfully accomplish the requirements of the
solicitation, including the PWS. The offeror should describe any risks associated with the solicitation, including the
PWS and any risks associated with implementation of the offeror’s management approach; describe any techniques
and actions to mitigate such risks; and explain whether the techniques and actions identified for risk mitigation have
been successfully used by the offeror. The offeror should provide any other information the offeror considers
relevant to the solicitation.
(d) Socio-Economic Plan
The offeror shall address the extent of participation of small businesses, small disadvantaged businesses, women-
owned small businesses, historically black colleges or universities and minority institutions, veteran-owned small
businesses, service-disabled veteran-owned small businesses, and HUBZone small businesses in performance of any
resultant contract. The solicitation, however, does not require participation by such entities. The offeror shall
provide targets, expressed as dollars and percentages of total contract value, for small businesses, small
disadvantaged businesses, women-owned small businesses, historically black colleges or universities and minority
institutions, veteran-owned small businesses, service-disabled veteran-owned small businesses, and HUBZone small
businesses in any of the North American Industry Classification System (NAICS) Major Groups as determined by
the Department of Commerce. The targets may provide for participation by a prime contractor, joint venture
partner, teaming arrangement member, or subcontractor. Targets will be incorporated into and become part of any
resultant contract.
If the offeror fails to provide targets for the contract and/or any of the seven socio-economic factors, the offeror's
proposal will be evaluated at zero percent and/or zero dollars for the contract and/or any socio-economic factor for
which a target is not provided. However, an offeror that provides no socio-economic plan in response to this factor
may be rated unacceptable.
(2) Volume II – Price/Cost
Volume II shall include the completed solicitation documents, including the offeror’s proposed rebate for CLINs
0002, 1002, 2002, 3002 and 4002.
The offeror shall use $4.5B as the total transaction dollar amount for proposal preparation purposes.
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The
following factors shall be used to evaluate offers:
Technical Approach
Past Performance
Management Plan
Socio-Economic Plan
Technical Approach, Past Performance, Management Plan and Socio-Economic Plan, when combined, are more
important than price (rebate).
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(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the
total price for the basic requirement. The Government may determine that an offer is unacceptable if the option
prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the
option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within
the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not
there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
Addendum to FAR 52.212-2
EVALUATION CRITERIA AND THE BASIS FOR AWARD (FISC NORFOLK DET PHILA) (MAR 2000)
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible
offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors
in the solicitation. The offeror’s proposal shall be in the form prescribed by, and shall contain a response to each of
the areas identified in FAR 52.212-1 entitled “Instruction to Offerors.” The offeror’s Technical Proposal is
significantly more important than the rebate.
Volume II will be evaluated on the offeror’s proposed rebate as a percentage of the total transaction dollar amount.
This will be the only priced portion the proposal.
(2) The technical evaluation factors are listed below in descending order of importance with Technical Approach
being the most important factor, significantly more important than Past Performance and Management Plan, which
are of equal importance and all factors are significantly more important than the Socio-Economic Plan.
Technical Approach
Past Performance
Management Plan
Socio-Economic Plan
The Government reserves the right to obtain information for use in the evaluation of past performance from any and
all sources including sources outside of the Government. Offerors lacking relevant past performance history will not
be evaluated favorably or unfavorably on past performance. However, the proposal of an offeror with no relevant
past performance history, while not rated favorably or unfavorably for past performance, may not represent the most
advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the
proposals of other offerors. The offeror should provide the information requested above for past performance
evaluation, or affirmatively state that it possesses no relevant directly related or similar past performance. If an
offeror fails to provide any past performance information which is similar in scope, magnitude and complexity to that
which is detailed in the RFP or fails to affirmatively state that it possesses no relevant directly related or similar past
performance, the offer may not be awardable. The Government will consider the quality of offeror’s past
performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination.
The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the
offeror and other competitors to successfully meet the requirements of the RFP. In determining the rating for the
past performance evaluation factor, the Government will give greater consideration to the contracts which the
Government feels are most relevant to the RFP.
If the offeror’s proposal is determined unacceptable in any of the technical evaluation factors and/or subfactors, the
proposal may not be considered for award.
(3) Price/Cost
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Price/Cost will be evaluated by applying the offeror’s proposed rebate percentage to the total transaction dollar
amount ($4.5B per year) for the base and all Option periods.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)
ALTERNATE I (AUG 2009)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations
and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations
and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of
this provision.
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical
size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic
corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be
a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent
corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in
accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
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(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or
processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of
the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such
authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Veteran-owned small business concern means a small business concern--
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(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in
the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;
and whose management and daily business operations are controlled by one or more women.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this
provision do not automatically change the representations and certifications posted on the Online Representations
and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at
http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer
that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations
and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ----------.
(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for
the purposes of this solicitation only, if any.)
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate,
and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business
concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a
veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its
offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
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(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (
) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small
business concern.
Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition
threshold.
(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-
owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this
provision.) The offeror represents that it ( ) is, a women-owned business concern.
(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror
or first-tier subcontractors) amount to more than 50 percent of the contract price:
_____________________________________________
(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted
Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the
offeror has represented itself to be a small business concern under the size standards for this solicitation.)
(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one
of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an
emerging small business.
(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories
(TICs) or designated industry groups (DIGs).) Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the
solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of
Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following):
Average Annual
Number of Employees Gross Revenues
___ 50 or fewer ___ $1 million or less
___ 51 - 100 ___ $1,000,001 - $2 million
___ 101 - 250 ___ $2,000,001 - $3.5 million
___ 251 - 500 ___ $3,500,001 - $5 million
___ 501 - 750 ___ $5,000,001 - $10 million
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___ 751 - 1,000 ___ $10,000,001 - $17 million
___ Over 1,000 ___ Over $17 million
(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment
for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and
identified, on the date of this representation, as a certified small disadvantaged business concern in the database
maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged
ownership and control has occurred since its certification, and, where the concern is owned by one or more
individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does
not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private
Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a
decision on that application is pending, and that no material change in disadvantaged ownership and control has
occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror
represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f)
and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business
concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged
business concern that is participating in the joint venture: ____________.)
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material
change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation
in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are
participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern
or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.)
(The offeror shall check the category in which its ownership falls):
____Black American.
____Hispanic American.
____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the
Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the
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Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu,
or Nauru).
____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
____Individual/concern, other than one of the preceding.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity
clause of this solicitation, the and
(ii) It ( ) has, ( ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment,
affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and
60-2), or
(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules
and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge
and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant
contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the
offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,
Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly
employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition
Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this
solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic
end product and that for other than COTS items, the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those
end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that
is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end
product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”
“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy
American Act--Supplies.”
(2) Foreign End Products:
Line Item No.:---------------------------------------------------------
Country of Origin:-----------------------------------------------------
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(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision,
is a domestic end product and that for other than COTS items, the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan,
Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end
product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country
end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy
American Act-Free Trade Agreements-Israeli Trade Act.”
(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this
solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products)
or Israeli End Products:
Line Item No.
--------------------
--------------------
--------------------
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)
or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—
Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United
States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I
to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:
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Canadian End Products:
Line Item No.:
___________________________________________
[List as necessary]
(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate
II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as
defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-
made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line
items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end
products without regard to the restrictions of the Buy American Act. The Government will consider for award only
offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no
offers for such products or that the offers for such products are insufficient to fulfill the requirements of the
solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,
that the offeror and/or any of its principals--
(1) ( ) Are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award
of contracts by any Federal agency; and
(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to
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obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or 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; and
(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with,
commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to
seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are
included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).)
(1) Listed End Product
Listed End Product Listed Countries of Origin:
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(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1)
of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)
( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.
( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced,
or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good
faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any
such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware
of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture
of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( )In the United States (Check this box if the total anticipated price of offered end products manufactured in the
United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror
as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor
if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1)
or (k)(2) applies.)
( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( )
does ( ) does not certify that--
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental
purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal
business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
will be the same as that used for these employees and equivalent employees servicing the same equipment of
commercial customers.
( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided
by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in
the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices
(see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or
her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20
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percent of available hours during the contract period if the contract period is less than a month) servicing the
Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies--
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not
attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer
as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is
required to provide this information to a central contractor registration database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply
with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,
6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
( ) TIN: --------------------.
( ) TIN has been applied for.
( ) TIN is not required because:
( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of
business or a fiscal paying agent in the United States;
( ) Offeror is an agency or instrumentality of a foreign government;
( ) Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
( ) Sole proprietorship;
( ) Partnership;
( ) Corporate entity (not tax-exempt);
( ) Corporate entity (tax-exempt);
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( ) Government entity (Federal, State, or local);
( ) Foreign government;
( ) International organization per 26 CFR 1.6049-4;
( ) Other ----------.
(5) Common parent.
( ) Offeror is not owned or controlled by a common parent;
( ) Name and TIN of common parent:
Name --------------------.
TIN --------------------.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for
purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were
completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and
for this solicitation provision (see FAR 9.108).
(2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation
and is not a subsidiary of one.
(End of provision)
Addendum to 52.212-3
AUTHORIZED NEGOTIATORS (APR 1998)
The offer or quote represents that the following persons are authorized to negotiate on its behalf with the
Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of
authorized negotiators]
NAME TITLE TELEPHONE NO.
Brian Excell Contracting Officer 215-697-9610
Erin Kilrain Contract Negotiator 215-697-9617
(End of Provision)
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)
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(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance
will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the
item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to
receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure
of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action
arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the 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 Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. 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 if shipped on
Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
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(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 required
elsewhere 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 applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration,
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 the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, 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) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the
invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
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(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of
1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in
(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the
amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see
32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
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 is f.o.b.
destination.
(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 immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the termination. The
Contractor shall 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
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event 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 the event of termination
for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided 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 the
Government 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 fit for
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 liable to
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, executive
orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 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 Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.
40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other
Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause
at 52.212-5; (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; (8)
other documents, exhibits, and attachments; and (9) the specification.
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(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through 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 registered in the CCR database after the initial registration, the Contractor is required to
review and update on an annual basis from the date of initial registration or subsequent updates its information in the
CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the
terms and conditions of 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 not completed the
necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one business day's written notification of its
intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must
provide with the notification sufficient documentation to support 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 perform the
agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-
name agreement, the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
“Suspension of 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, Assignment of
Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR
record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor 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 via the
internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
(End of clause)
Addendum to 52.212-4
INSPECTION AND ACCEPTANCE (SERVICES) (OCT 1992)
Inspection and acceptance of services to be furnished hereunder shall be made, upon completion of the services, by
DFAS Indianapolis.
52.242-15 Stop-Work Order (AUG 1989)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract prior to the expiration of the
contract.
(b) If the Government exercises an option, the extended contract shall be considered to use
this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause,
shall not exceed 60 months.
(End of clause)
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52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2010)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(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 indicated
as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items: (Contracting Officer check as appropriate.)
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT
1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-
5).
___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
_X__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if
the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (8) [Reserved].
___ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
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___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-7.
___ (iii) Alternate II (MAR 2004) of 52.219-7.
_X__ (11) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).
_X__ (12)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2010) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9
___ (iii) Alternate II (OCT 2001) of 52.219-9.
___ (iv) Alternate III (JUL 2010) of 52.219-9.
___ (13) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
_X__ (14) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT
2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting
(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
_X__ (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).
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_X__ (20) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
___ (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).
_X__ (22) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
_X__ (23) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
_X__ (24) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
_X__ (25) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
_X__ (26) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed
in 22.1803.)
___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf
items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)
___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products
(DEC 2007) (E.O. 13423) .
___ (ii) Alternate I (DEC 2007) of 52.223-16. .
___ (31) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
___ (32) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
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___ (33)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (34) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (35) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10
U.S.C. 2307(f))
___ (39) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
___ (40) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
___ (41) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)
___ (42) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (43) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (44)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (APR 2003) of 52.247-64.
____
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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that
the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
____ (1) 52.222-41, Service Contract 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 and
Option Contracts) (SEP 2009) (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 (SEP 2009) (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.).
____ (6) 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.).
____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
____ (8) 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 acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to
this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made available
for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to
litigation or the settlement of claims arising under or relating to this contract shall be made available until such
appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for
commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1
(41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) Reserved.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 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.).
(xi) 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.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(End of clause)
252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN
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2005)
(a) Definitions.
As used in this clause-
(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export
Administration Act of 1979 (50 U.S.C. App. Sec. 2415).
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as
defined in 43 U.S.C. 1331.
(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United
States resident or national (other than an individual resident outside the United States and employed by other than a
United States person), any domestic concern (including any permanent domestic establishment of any foreign
concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic
concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b) Certification.
By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab
countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the
direct purchase of ocean transportation services).
(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(2) Representation.
The Offeror represents that it-
___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense
Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by
Sea.
(End of provision)
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252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2010)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if
checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of
commercial items or components.
_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR
Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items or components.
(1) _X__252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section
847 of Pub. L. 110-181).
(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.
2416).
(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note).
(5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O.
10582).
(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10
U.S.C. 2533b).
(8) _X___ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.
2533a).
(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of
Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (SEP 2008)
(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.
2779).
(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.
2755).
(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL
2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (JUL 2009) of 252.225-7036.
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(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.
2534(a)(3)).
(16) _X___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native
Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in
subsequent DoD appropriations acts).
(17) _X___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
(18) _X___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.
2321).
(19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10
U.S.C. 2227).
(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092
of Public Law 108-375).
(21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section
1038 of Pub. L. 111-84).
(22) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(23)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010)
(Section 807 of Public Law 111-84).
(24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(25)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(26) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include
the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components,
awarded at any tier under this contract:
(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public
Law 108-375).
(2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of
Pub. L. 111-84).
(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
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(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(End of clause)
Addendum to DFAR 252.212-7001
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
PWS Index
Section Subject
1 Objective
2 Acronyms
3 Background
4 Transition Plan
5 Transition Period
6 General Capabilities
7 Tasks
7.1.1 Electronically Receive and Utilize Batch Data
7.1.2 Electronically Acccept and Utilize Invoices
7.1.3 Electronically Accept and Utilize Verification and Data Changes
7.1.4 Reconcile and Pay TSP
7.1.5 Access to DoD Electronic Transportation Bill Payment Environment
7.1.6 Enter, Edit, and Save Bill of Lading (BOL) Information
7.1.7 Post-payment Adjustments
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7.1.8 Capture All Appropriation Code Information
7.1.9 Supplemental Payment Requests
7.1.10 Offsets
7.1.11 Foreign Currency
7.2 Government TAC
7.2.1 Interface with GEX
7.2.2 HTTPS Requirement
7.2.3 Internet Protocol (IP)
7.2.4 HTTPS Address
7.2.5 Security Requirements
7.2.6 Interface Modifications
7.3 Contract Number Requirement
7.4 Billing Statement Periodicity
7.4.1 Delinquent Amounts
7.5 Payment to Sellers (TSP)
7.5.1 Payment Information Link
7.5.2 Audits/Compliance
7.6 Ad-hoc Queries and Reports
7.7 Help Desk
7.8 Systemic Problems Analysis
7.9 Training
7.10 Disaster Recovery Plan
7.10.1 Report Down-time
7.11 Marketing of Services
7.11.1 Multiple interface Solutions
7.12 Data Retention
7.13 System Upgrades
7.14 Government Rebate
8 Deliverables
8.1 Electronic Transportation Bill Payment Environment
8.2 Software Product
8.3 Training Tools Package
8.4 Commercial Deployment Plan
8.5 Commercial Disaster Recovery Plan
8.6 System Reliability (98%)
8.7 Security Plan
8.8 Rebate Report
8.9 Processing Fee Report
9 Scheduled Maintenance
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10 Early Payment Incentive Refund
11 Payment Terms
12 Privacy Act Notice
13 Intellectual Property
14 IRS Withholding
15 Government-Wide Shut Down
DoD ELECTRONIC TRANSPORTATION BILL PAYMENT ENVIRONMENT
PERFORMANCE WORK STATEMENT
1. Objective
The Defense Finance and Accounting Services eSolutions Third Party Payments Mission Area requires a fully
automated transportation payment and accounting process. This system shall provide a common, real time,
electronic transportation payment environment shared by shipping companies and the accounting process for the
Department of Defense, while capturing and retaining detailed finance and accounting information at the transaction
level. The system shall provide and facilitate worldwide support of transportation payments and functional data with
a mechanism that supports authorized shipments, expenses, and/or streamlines purchase and payment systems for the
Department of Defense (DoD), and other designated Federal Agencies Automated Payment and Accounting Process
(the Automated Process) initiative.
2. Acronyms
BOL: Bill of Lading
CMOS: Cargo Movement Operations System
COR: Contracting Officer’s Representative
CWA: Central Web Application
DEBX: DoD Electronic Business Exchange
DFAS: Defense Finance and Accounting Service
DIACAP: DoD Information Assurance Certification and Accreditation Process
DoD: Department of Defense
DPS: Defense Personal Property System
DSS: Distribution Standard System
EDI: Electronic Data Interchange
EFTS: Enhanced Freight Tracking System
FACTS: Financial and Air Clearance Transportation System
FedGAAP: Federal Generally Accepted Accounting Principles
FFMIA: Federal Financial Management Improvement Act
GEX: Government Exchange
GFM: Global Freight Management
HHG: Household Goods
HTTPS: Hyper Text Transfer Protocol-Secure
IBS: Integrated Booking System
IBS: Integrated Booking System
IGC: Integrated Data Environment (IDE)/Global Transportation Network (GTN) Convergence
IP: Internet Protocol
IRS: Interface Requirements Specification
LOA: Line of Accounting
MRM; Management Reform Memorandum
NMCI: Navy-Marine Corps Intranet (NMCI)
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PMO: Program Management Office
PWS: Performance Work Statement
SDDC: Military Surface Deployment and Distribution Command
TAC: Transportation Account Code
TCN: Transportation Control Number
TPPS: Third Party Payment System
TSP: Transportation Service Provider
UDF: User Defined Format
URL: Universal Resource Locator
USD: U.S. Dollars
USTRANSCOM: United States Transportation Command
VAN: Value Added Network
VSM: Vendor Shipment Module (VSM)
3. Background
The Department of Defense (DoD), under a reengineering mandate to better manage, pay and account for
transportation services, is continuing its current effort toward implementation of a fully automated transportation
payment and accounting process. This initiative is directed by the Office of the Secretary of Defense, under
Management Reform Memorandums #15 and #6 (MRM #15, MRM #6). The objectives of this initiative include the
following: (1) Maintain readiness capability; (2) Reduce infrastructure costs; (3) Eliminate DoD-unique
documentation and processes; (4) Reduce data requirements/improve accuracy; (5) Increase use of Electronic
Commerce (EC); (6) Employ best commercial practices; and (7) Establish a single documentation and billing
process for all modes of transportation.
The first phase of the MRM #15 initiative, an electronic process to pay commercial carriers, has succeeded in
dramatically decreasing the time taken to pay commercial carriers for transportation services. The focus of the next
phase is a continuation of an ongoing process by which the DoD and other designated Federal Agencies reimburse
the Contractor for payments made on behalf of the Military Services, Defense Agencies and other designated Federal
Agencies on automating transportation payments.
Currently, electronic transportation bill payment services are provided to the Department of Defense Services (Navy,
Army, Air Force, Defense Finance and Accounting Service, and Defense Logistics Agency), Coast Guard and other
designated Federal Agencies by a commercial off-the-shelf application called US Bank Freight Payment System
(formerly PowerTrack®). In addition, a portion of the payment and accounting for transportation shipments are
processed manually by the Defense Finance and Accounting Service (DFAS) on behalf of the Military Departments,
Defense Agencies, and other designated Federal Agencies. Completion of all phases of development and
implementation of the Automated Process will result in a fully-automated transportation process for all DoD
branches which adheres to federal best practices accounting standards and provides necessary system, funding, and
process controls. Under the current contract, there are 698 electronic transportation bill payment accounts,
processing an average of 670,930 monthly transactions, and an average cumulative monthly invoice of
$377,000,000.00.
Complete end-to-end implementation must be in full compliance with all statutory and regulatory requirements
including the Chief Financial Officer and Federal Financial Management Improvement Acts (FFMIA) and Federal
generally accepted accounting principles (FedGAAP). This continuing initiative endeavors to fully automate the
processing of Government freight and personal property shipments and/or transactions. This initiative encompasses
all required efforts to fully support the DoD’s business processes involved with the payment and reconciliation of all
transportation charges and billing.
Implementation of the Automated Process described in this Performance Work Statement (PWS) will provide a
common, real time, electronic transportation payment environment shared by the shipper and transportation provider
that streamlines the transportation payment and accounting process for DoD and other designated Federal Agencies
while capturing and retaining detailed finance and accounting information at the transaction level. This is required to
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continuously improve cost-effectiveness of transportation, billing and payment. The Contractor shall provide an
electronic process that supports the continued transition from a paper-based payment process to an automated
process that integrates appropriate shipment information with the transportation finance, payment and accounting
process. Such information shall include, but not be limited to, packing, line haul, storage and individual accessorial
charges. All involved processes and computer systems will be integrated using Electronic Data Interchange (EDI).
The primary source of shipment information within the electronic transportation payment environment shall be data
feeds (EDI x12 858, 821, 997 and UDFs from DoD and other designated Federal Agencies’ various shipping
activities’ systems (DPS, CWA, GFM, CMOS, DSS, etc) and commercial carrier and move manager systems. The
design of the payment environment shall make it easy to submit delivery status, to trigger a payment, and to support
carrier performance monitoring. For the purpose of this PWS, transportation payment shall encompass, but not be
limited to, auditable settlement for any type of trucking, rail, air, pipeline, barge, sealift, express package, household
goods, inter-modal, packing or internal DoD and other designated Federal Agencies’ transactions where the buyer
and seller of a service have a fee for service relationship. Such transactions may or may not include the actual
transfer of funds.
4. Transition Plan
4.1 The Contractor shall not facilitate an environment in which Government TPPS related products and services are
less desirable to accept or have higher acceptance costs than their commercial counterparts. From the carriers/TSP
perspective, the Government TPPS related products and services provided under this contract shall not have
noticeable differences in processing costs, functionalities, etc. This is important to maintain carriers/TSP willingness
to accept government TPPS related products and services.
4.3 The transition plan’s approach should include at a minimum the following topics:
a. Sample agencies/organizations transition schedule;
b. Communication approach (including meetings with Contractor, agency/organization, TPPS PMO);
c. Approach to negotiating contracts with DoD Approved Carriers/Sellers;
d. Processing fee percentage that will be proposed to DoD Approved Carriers/Sellers that have
successfully completed the SDDC FCRP and Shipping System;
e. Data transmission, storage, and security;
f. Training
4.4 At the close of the contract, the Contractor shall furnish phase-in training to a successor Contractor and exercise
its best efforts to effectuate a cooperative, orderly, and seamless transition to a successor. The Contractor shall,
upon the Navy Contracting Officer's written notice, furnish phase-in, phase-out services for up to 365 calendar days
prior to the expiration date of this contract. The Contractor shall provide sufficient, experienced personnel during
the phase-in, phase-out period to ensure that there is no diminution in the quality of services provided under the
master contract and agency/organization task orders.
The migration of data from the Contractor to the successor Contractor shall be closely monitored and adhere to the
security measures in 8.7. The Contractor shall provide to DoD and other designated Federal Agencies, and/or the
successor Contractor and Navy Contracting Officer at their request, a complete, non-proprietary, current and
accurate master file of individually billed and centrally billed accounts in a format mutually agreed upon by the
Government and the Contractor at least 90 calendar days prior to the end of the contract. The master file shall also
include accurate information regarding suspended or canceled accounts. The Contractor shall also provide the
master file layout within 10 business days of the Government's written request. If the award is made to the
incumbent, the Government may reduce the transition period. The Contractor shall maintain and offer access to
legacy systems for a period of 24 months after the completed agency/organization transition.
5. Transition Period
Cooperative, orderly, and seamless transitions are crucial to the Government’s mission requirements. Failure to
transition in accordance with the requirements may be cause for termination for default. The successful Contractor
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will be given the opportunity to begin work on a phased basis to avoid an interruption of service when transitioning
from the prior service provider. A twelve-month transitioning period is planned. At the conclusion of the transition
period, the Contractor must be totally capable of performing the required PWS tasks without further assistance.
5.1 Transition Plan Interim Milestones
Milestones Dates
Master File received from previous Contractor 30 days after contract award
Risk Mitigation Plan 30 days after contract award
Commercial/Standard Deployment Plan 30 days after contract award
Transportation Service Provider Agreements 60 days after contract award
Interface Requirement Specifications 90 days after contract award
Help Desk 4 months after contract award
Access to Electronic Transportation Bill Payment Environment 4 months after contract award
Agency/Service Accounts Roll-out Transition 6 months after contract award
Kick-Off Conference 10 months after contract award
Web-based Analysis and Reporting Tasks, Ad-hoc Queries 12 months after contract award
Annual Training Conference 12 months after contract award
Offset Capability 12 months after contract award
Foreign Currency 12 months after contract award
6. General Capabilities
6.1. The Transportation Third Party Payment System shall provide an auditable common, real-time, DoD Electronic
Transportation Bill Payment Environment shared by DoD personnel and carriers or sellers of transportation services
that streamlines the payment and accounting process for the DoD and other designated Federal Agencies. This
process shall capture, and then provide to appropriate and designated DoD and other Federal Agencies, detailed
information required to continuously improve the cost-effectiveness of seller payments and transportation movement,
and billing. Such information shall include, but not be limited to, packing, line haul, storage, and each applicable
accessorial charge at the individual transaction level. The primary source of shipment or order information within
the System will be electronically received batch data from DoD and other designated Federal Agencies’ order,
shipment, contract, and accounting management systems based upon commercial/industry standard electronic format
and the commercial carrier (seller) or carrier management systems. The System shall be designed to allow all
carriers/TSP, their agents, and transportation managers submitting delivery or terminated status to trigger payment
and also designed to support carrier performance monitoring. It shall encompass, but not be limited to, settlement
for any type of trucking, rail, air, pipeline, barge, sealift, express package, household goods, inter-modal, inter-
governmental or internal DoD transportation transactions.
6.2. The Transportation Third Party Payment System shall be capable of processing an average of 670,930
transactions per month, between all DoD and other designated Federal Agencies Shipping Offices and all DoD
Approved Carriers/TSP. The average transaction amount is expected to increase as more Shipping Offices are rolled
out into the system. The Contractor’s system shall capture, in an auditable format, all DoD and other designated
Federal Agencies’ finance and accounting shipment information at the transaction level related to transportation
services produced by all DoD and other designated Federal Agencies’ shippers and agents acting on their behalf and
includes other transactions where there is a buyer and seller of a service. DoD Approved Carriers/Sellers that have
successfully completed the Surface Deployment and Distribution Command (SDDC) Freight Carrier Registration
Program (FCRP) and Shipping System, are listed in the SDDC Global Freight Management (GFM), Defense
Property System or other Government Shipping Systems (i.e. CMOS, DSS or CWA) DoD Approved Freight Carriers
Lists. (i.e. FedEx, UPS, trucking systems, etc.)
Specific information on FCRP is located at the Public Website:
http://www.sddc.army.mil/sddc/Content/Pub/14712//welcomingletter%20mar%2009.pdf.
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The DoD Approved Carriers List is located at public SDDC Website:
https://mustang.eta.sddc.army.mil/ccp/jsp/ApprovedCarrierList.jsp.
There are currently one thousand seven hundred and seventy-nine (1,779) DoD-Approved Carriers. This listing is
updated periodically.
6.3. The Third Party Payment System shall operate within DoD and other designated Federal Agencies and
Services Information Systems Regulations and meet all network-based information Services Operation
Requirements. The Third Party Payment System shall be capable to interface with the following Government
Shipping Systems:
a. Cargo Movement Operations System (CMOS)
b. Global Freight Management (GFM)
c. Financial and Air Clearance Transportation System (FACTS)
d. Integrated Booking System (IBS)
e. Central Web Application (CWA)
f. Defense Personal Property System (DPS)
g. Distribution Standard System (DSS)
h. Vendor Shipment Module (VSM)
The Contractor’s system shall be able to interface with any Government Shipping System developed in the future.
6.4 The Contractor shall facilitate the relationship between DoD’s shippers and industry transportation providers in
order to support the electronic integration of shipment and billing information to result in the auditable, accurate and
timely payment of invoices.
7. Tasks: These tasks define the Contractor services required by the DoD and other designated Federal Agencies in
support of electronic transportation payment, maintenance and storage of the data required for audit, management
reports and analysis, and transmission of required data to the DoD and other designated Federal Agencies
appropriate central data repository.
7.1. Provide an automated Transportation Third Party Payment System with the following abilities:
7.1.1. The ability to electronically receive and utilize batch data from DoD and other designated Federal Agencies
from order, shipment, contract, and accounting management systems based upon standard/commercial electronic
format.
7.1.2. The ability to electronically accept and utilize invoices with event status from DoD Approved Freight
Carriers/Sellers of transportation services based upon a commercial industry standard data set and transmission
method.
7.1.3. The ability to electronically accept and utilize verification and data changes from DoD and other designated
Federal Agencies order, shipment, contract, and accounting management systems directly and systematically.
7.1.4. The ability to reconcile and pay the sellers of transportation services the amount verified by DoD and other
designated Federal Agencies’ shippers or buyers directly or systematically.
7.1.5. The ability for DoD and other designated Federal Agencies personnel to access the DoD Electronic
Transportation Bill Payment Environment via direct system-to-system interface and the Internet for purposes of
establishing valid Carrier or Seller of transportation services relationships and originating, processing and approving
electronic payment related transactions.
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7.1.6. The ability for authorized users to enter, edit, and save all bill of lading (BOL) information including, but not
limited to, carrier/TSP to be paid, amount to be paid, delivery information, origin, destination, line item detail,
appropriation sub-head code, line of accounting (LOA), appropriation code(s), Transportation Account Codes
(TAC), and Transportation Control Number (TCN).
7.1.7. The ability to provide an on-line mechanism to facilitate control and monitor post- payment adjustments that
automatically links the adjustment to the original shipment and provides for a detailed record of the reason(s) for
adjustment. The electronic payment environment shall automatically link payment information with the underlying
shipment or order information to present the user with a single combined view of the transaction and eliminate the
need for an additional reconciliation process.
7.1.8. The ability to capture all appropriation code information relevant to a shipment or order provided by DoD
and other designated Federal Agencies’ order, shipment, contract, and accounting management systems, to be visible
and linked to said activity and retained in the DoD Electronic Transportation Bill Payment Environment for posting,
reporting and analysis purposes.
7.1.9. The ability to create and submit supplemental payment requests or billing disputes that can be used for any
purpose, including, but not limited to, the recovery or adjustment of money associated with transportation over/under
payments, interest penalties associated with delayed transaction approvals, and administrative offsets services and
supplemental billing and or adjustment to all the afore mentioned categories. These Supplemental Transactions will
be linked in an auditable manner to the original transaction. Unlinked Supplemental Transactions will be allowed in
limited, but specified, situations that shall be identified in writing by the COR. The party requesting funds has the
obligation of creating and submitting the supplemental payment requests or billing disputes to the receiving party.
As an example of acceptable action or activity; upon approval by the receiving party, the Contractor shall process the
supplemental payment requests or billing disputes by crediting or paying the requesting party and debiting the
receiving party. In the event that the Contractor cannot collect the amount of the approved supplemental payment
requests or billing disputes from the receiving party within 60 days, the Contractor has the option of reversing the
supplemental payment requests or billing disputes transaction.
7.1.10 The ability for the Government to unilaterally adjust and/or stop payments to the TSP to offset debts. The
Contractor and the Government shall develop a standard commercial process for redirecting credits resulting from
adjusted and/or stopped payments no later than 12 months of contract award. The Government will adjust and/or
stop payments to the Contractor to satisfy any TSP offsets, if the Contractor fails to provide the Government with the
ability to offset TSP debts within 12 months of contract award.
7.1.11 The ability to pay carriers/TSP in foreign currency. The Contractor shall establish the settlement conversion
rate for each transaction, and bill DoD and other designated Federal Agencies in U.S. Dollars (USD) within 12
months of contract award.
7.2. Interface with DoD and other designated Federal Agencies to electronically receive and transmit data with
Government TAC, order, shipment, contract, Intransit Visibility (ITV), audit, billing, data analysis, and accounting
management systems based upon commercial/industry standard electronic format. Specific information shall be
delineated in Interface Requirements Specification (IRS) document(s) which shall be maintained by the Contractor
and each system/ process Program Management Office, and shall contain detailed file layouts specifying type of
data, length of data element, periodicity of transmission, and other appropriate information related to the creation of
an efficient interface.
7.2.1. Interface Requirements specification (available in a separate document) is for the interface which will
transport over Government Exchange (GEX). GEX is a Value-Added Network (VAN), which is a staging area for
sharing files between trading partners. The interface between Central Web Application (CWA) and the Contractor
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system runs on Department of Defense Electronic Business Exchange (DEBX). GEX is an upgrade of DEBX. Both
DEBX and GEX handle HyperText Transfer Protocol-Secure (HTTPS) “POST” requests so the interface mechanism
will work on GEX with a few configuration changes. The lower layer transport mechanism used to send information
(EDI data) from the Contractor system to the designated Government system as well as from the designated
Government system to the Contractor system is HTTPS. Other designated Federal Agencies will retain their current
interface specifications.
7.2.2. The Contractor system–designated Government system Interface and HTTPS Transport Mechanism is used
for all communications between the Contractor system and the designated Government system Interface that uses
HTTPS POST Request/Response mechanisms. The EDI data, whether it is in the form of EDI 859, 858, 824 or 997
transactions, is encoded in the Request Body as a standard octet-stream.
7.2.3. The communications connectivity for the interface between the Contractor system and designated
Government system is based on Internet Protocol (IP) Sockets using the public Internet for the packet delivery.
HTTPS application layer protocols are used over IP for both the transport of the EDI data, as well as the encryption
of the data payload(s).
7.2.4. HTTPS Address is the address to be used for the HTTPS Requests made by the Contractor system (the
Universal Resource Locator [URL] to send designated Government system EDI transactions) will be provided after
contract award.
7.2.5. Security Requirements for the data transferred between designated Government system and the Contractor
system is Sensitive but Unclassified (previously known as Level II). Assurance is provided through User
Identification (ID), and multiple-level passwords based on access authorization and the function requested by the
user. Transaction tracking provides information security audit trails and is incorporated into system design. Any
proposed system shall provide a copy of their security plan and comply with NMCI, DIACAP and any other
Government security requirements.
7.2.6. Modifications to this interface will be required if any of the following components supporting the interface
are changed: (a) Software, (b) Hardware, (c) Communications Infrastructure, (d) Interface Procedures, and (e)
Changes to the Format/Content of the Data Transferred. Because modifications to this interface may require
extensive changes to the hardware and/or software of one or both systems, any modifications must be thoroughly
analyzed, coordinated, and scheduled 120 days in advance. Any required funding, to include payment terms, must
be defined. All modifications to this interface shall be coordinated through, and approved by, the DoD Electronic
Transportation Bill Payment Program Management Office (PMO) and the designated Government system PMO.
7.3. Interfaces with carrier or seller invoice management systems to receive data with regards to performance and
sending payment for successful performance of service. The system shall have the capability to tie cargo movements
and costs to a contract number. Carrier/TSP or seller invoice shall include a contract number. The data shall be
accurate, timely, reside in a searchable field for reporting purposes, and reflect all transactions history (i.e. price
adjustments, offsets) to final cost.
7.4. Provide a billing statement with variable periodicity, but at a minimum once per month. The billing statement
periodicity shall be determined at the agency/organization level.
7.4.1. Delinquent amounts and the date they were incurred shall be an integral part of the Contractor billing and
reimbursement process with the Government. The Contractor reimbursement invoice to the Government shall
contain the above referenced information until that specific amount is paid.
7.5. Make payment to sellers under the terms of the agreement executed between the Contractor and the Seller after
DoD and other designated Federal Agencies’ activities have executed final transaction approval in the DoD
Electronic Transportation Bill Payment Environment. Any failure to make payment of approved transactions under
the terms specified in the seller agreement shall be resolved between the Contractor and the Seller.
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7.5.1. All payment information shall be automatically linked with the underlying TAC, shipment or order
information to present the user with a single combined view of the transaction and eliminate the need for additional
reconciliation processing. All appropriation code information relevant to a shipment or order provided by the
Government’s shipment or order management systems shall be retained in the DoD Electronic Transportation Bill
Payment Environment for audit, posting, reporting, billing, and analysis purposes.
7.5.2. All statements and reporting shall be delivered electronically to each authorized user's desktop via the DoD
Electronic Transportation Bill Payment Environment. Statements shall summarize charges by LOA, TAC, when
provided, and appropriation code to further streamline the payment accounting process. The accounting information
displayed in the monthly statement record relies upon Customer input. If the LOA or TAC is not present, then the
default LOA shall be summarized. DoD and other designated Federal Agencies shall be provided with the capability
to grant data access rights to DoD and other designated Federal Agencies -authorized users so that oversight, audit,
accounting, and compliance groups can perform their functions within the DoD Electronic Transportation Bill
Payment Environment – including an automated interface with Defense Finance and Accounting Service accounting
systems. In addition, the contractor shall cooperate in any data mining, Lean Six Sigma or
other audit techniques initiated by Navy, DFAS or DOD.
7.6. Provide users with the capability to conduct a variety of Web-based analysis and reporting tasks. This includes
ad-hoc query and reporting where users can construct and execute custom, line-item detail and summary database
queries and reports; and Online Analytical Processing (OLAP, e.g., “information cubes”), which allows users to
perform summary-level, multi-dimensional analysis. Users need to be able to save and share reports they’ve
developed out on the contractor’s Web site. They also need a scheduling capability to run a report at recurring dates
and times, and the ability save reports down to their client system as a Microsoft Excel 2007 workbook, Adobe
Acrobat Portable Document File (.pdf), delimited text files, XML files, and HTML (e.g., Web report).
7.7. Provide a staffed help desk and functioning toll free help desk phone number, and web address for same, all to
be available at the time of award seven days per week, twenty-four hours a day.
7.8. Analyze customer (e.g. the Government, carriers/TSP, etc.) problems and systemic problems within its system
and develop solutions to these problems. When the proposed solution inhibits or detracts from the DoD and other
designated Federal Agencies use of the service, the Contractor shall present the proposed course of action and the
anticipated effects to the Point of Contact at the Requiring Activity within seven (7) business days.
7.9. Provide customized training tools and materials for all DoD and other designated Federal Agencies users which
incorporate any DoD-tailored requirements. Within twelve (12) months of contract award, the Contractor shall
sponsor an annual training seminar for DoD Electronic Transportation Bill Payment Environment users (Certifying
Officers, Service Representatives and Pay Technicians). In addition, web-based training shall be available to
Certifying Officers, Service Representatives and Pay Technicians and shall include reference guides, system setup,
on-site consulting, project management meetings, etc. The Contractor shall submit an implementation plan for
rollout of the customized tools and materials with its technical proposal.
7.10. Develop a disaster recovery plan to address emergencies and disasters to ensure continuity of operations.
7.10.1 Report all downtime to the COR. The Contractor shall provide the COR notification of the situation within
15 minutes of discovery by email and telephone to those individuals in the Pyramid Alert Notification Roster
provided by the COR. After initial notification is made, the Contractor shall report the status of the repair to the
COR every 30 minutes during official operating hours and every two hours, or alternate reporting timeframes as
directed by the COR, during non-operational hours until the process is determined productive. A monthly downtime
report stating the number of hours the process was down or not available and for what reason(s), shall be provided to
the COR.
7.11. Market the DoD Electronic Transportation Bill Payment Environment to carriers/TSP and sellers of services,
serving the DoD, and other designated Federal Agencies as directed by the Government program office. Actively
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pursue and develop business partnerships with the sellers of transportation services that are approved to do business
with the DoD and other designated Federal Agencies.
7.11.1. Offer multiple interface solutions to carriers/TSP or sellers in its DoD Electronic Transportation Bill
Payment Environment. Interface solutions are best described as ways to access the service provided by the
Contractor.
7.12. Provide an online mechanism to facilitate, control, and monitor post-payment adjustments that automatically
links the adjustment to the original shipment and provides a detailed record of the reason(s) for the adjustment. All
copies of these transactions will need to be transmitted to both the IGC EDW and EFTS within 24 hours after being
either generated or updated. All transaction data for DoD and other designated Federal Agencies shall be available
online and in accordance with Federal and DoD-specific electronic data retention regulations at no cost to the
government. Archived data shall be available upon request and shall be provided electronically within five (5)
business days of a request. The Contractor shall be the Government's agent for document repository as it relates to
all transactions under the payment system. The Contractor shall maintain electronic records of all transactions that
exceed $25,000 for a period of 6 years and 3 months after final payment, and for all transactions of less than
$25,000, for a period of 3 years after final payment. Final payment is defined as a transaction final payment. The
Contractor shall segregate this transaction information (i.e., transactions exceeding $25,000 and less than $25,000).
Upon written request of the Contracting Officer, DoD and/or other designated Federal Agencies, the Contractor shall
provide the requested information in an electronic format within 30 calendar days, at no additional cost to the
Government. In addition, Contractor shall provide online access to data for a minimum of 36 months after the
transaction final payment. The Contractor shall propose a commercial/standard file format for electronic data
delivery. Data will be delivered in this standard format to multiple locations as required by DoD and/or other
designated Federal Agencies, file formats other than the standard file format shall be provided at no cost.
7.13. Recommend any upgrades or improvements to the system via a working group process at least nine months
prior to intended deployment. This advanced notice is required to reduce impact to fiscal year cycle planning and to
support application integration into DoD and other designated Federal Agencies’ Services Intranet Environment.
Recommended changes and upgrades shall be coordinated by the appropriate Service with DoD Service Intranet
Environments, through the DoD Service Intranet Environments Application Release Deployment Process. The
Contractor shall provide DoD Electronic Transportation Bill Payment Environment information needed to process
the recommended upgrades through the DoD Services Intranet Environments review, packaging and certification
process. The Contractor shall notify the DoD and other designated Federal Agencies prior to making changes or
upgrades to the process that are Customer-interfacing and require training or user documentation or making changes
that affect the technology required to operate the product, such as operating system and web browser as an example
of the user interface. This notification shall be made through the portal and other media as necessary. For the
purposes of familiarization, the Contractor shall allow DoD access to a test environment for Thirty Days prior to
deployment of Government-specific DoD Electronic Transportation Bill Payment Environment upgrades. The
Contractor shall submit an implementation plan for rollout of any future DoD Electronic Transportation Bill
Payment Environment upgrades with its technical proposal.
7.14. Government Rebate. Subsequent to the Government’s payment of the invoice, the contractor shall refund the
Government a rebate consisting of the proposed percentage of the total transaction dollar amount. The contractor
shall credit the TAC account that is associated with that shipping transaction with the contractor’s proposed
percentage of the total transaction dollar amount rebate/refund. The rebate shall be accrued and credited monthly.
8. Deliverables. The contractor shall provide the following to the Government:
8.1. An Electronic Transportation Bill Payment Environment that automatically links payment information with the
underlying shipment and or service or order information to present the user with a single combined view of the
transaction and eliminate the need for an additional reconciliation process. All appropriation code and
Transportation Account Code (TAC) information relevant to a shipment or order provided by DoD and other
designated Federal Agencies’ order, shipment, contract, and accounting management systems shall be retained in the
DoD Electronic Transportation Bill Payment Environment for audit, posting, reporting and analysis purposes.
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Allows DoD and other designated Federal Agencies access to a test environment for thirty days prior to initial rollout
of Government specific DoD Electronic Transportation Bill Payment Environment.
8.2. A software product that is capable of supporting the DoD and other designated Federal Agencies processes for
audit, transportation payment, reconciliation, working capital/appropriated/non-appropriated funds management
interface and that, at a minimum, provides all capabilities and abilities listed in this Performance Work Statement.
8.3. A package of customized training tools and materials including, but not limited to, Web Site based training
which shall include Reference Guides and system setup required to successfully train users and administrators of the
delivered software product.
8.4. A commercial/standard deployment plan.
8.5. A commercial/standard disaster recovery plan.
8.6 A system with at least ninety eight percent or better reliability. Reliability is defined, as the amount of time the
system and or process is available for use by DoD and other designated Federal Agencies users worldwide. A
monthly downtime report stating the number of hours the system was down or not available and for what reason(s).
8.7 The Contractor shall provide a security plan that describes its security program and how the Contractor shall
satisfy the security requirements as identified in this section, including how improved security-related processes and
technologies are to be incorporated into the master contract as they become commercially available. The plan shall
address the Contractor’s security measures and safeguards to ensure that all information systems utilized by
Contractor and any third party personnel (e.g., subcontractors):
Operate effectively and accurately;
Are protected from unauthorized alteration, disclosure, and/or misuse of information processed, stored, or
transmitted;
Can maintain the continuity of support for organization missions, programs, and functions;
Incorporate management, operational, and technical controls sufficient to provide cost-effective assurance
of the system’s integrity and accuracy;
Have appropriate technical, personnel, administrative, environmental, and access safeguards; and
Includes procedures for notifying the government of any and all vulnerabilities found.
At a minimum, the security plan shall discuss the following:
Organizational security roles;
Physical security of Contractor systems;
Risk assessment procedures;
Maintenance and testing of security systems;
Security monitoring procedures;
Procedures and timeframes for resolving security deficiencies;
Procedures for the prevention of and response to security breaches; and
Include a designated contact for security related issues.
8.8. Monthly Rebate Report. The contractor shall provide a monthly report documenting the total amount of rebates
that have been refunded to each TAC.
8.9 Monthly Processing Fee Percentage Report. The contractor shall provide a monthly report documenting any
changes to the Processing Fee Percentages charged to the individual carriers. Processing fee percentage shall not
exceed 2%.
9. Scheduled Maintenance
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As it will affect DoD and other designated Federal Agencies users worldwide, the Contractor shall announce
scheduled system maintenance at least one week in advance via the most efficient media available, but at a minimum
through the use of e-mail. Scheduled down time will not count against the system/process reliability calculation. In
the event of unscheduled downtime, the Contractor shall notify the designated Government points of contact as soon
as the Contractor is aware that the downtime will occur or is occurring.
10. Early Payment Incentive Refunds
10.1. The Contractor shall offer an early payment incentive refund measured in basis points on all charges to each
organization based on net charge volume. This refund can be earned based on each organization’s payment
performance.
10.1.1. The Contractor shall provide payment incentive in the form of a refund consisting of 1.5 basis points against
the eligible charge volume for each day less than thirty days, if the period for the early payment incentive of the
organization is less than thirty days.
10.1.2. Early payment incentive =Average Net Receivable / (Sales in early payment incentive Period / Days in early
payment incentive Period)
10.1.3. Average Net Receivable is defined as the average outstanding balance of the receivable for a specific period
of time.
10.1.4. Early Payment Incentives Refunds shall be accrued daily and credited quarterly to the designated or
contributing account. As applicable the Contractor shall proportionally apply the early payment incentives directly to
the accounts that contributed to the earned Early Payment Incentives Refunds as a credit. The Contractor shall
provide a quarterly report, defining the early payment incentive distribution detailed to the billing office level
(account holder).
10.1.5 Rounding for purposes of Early Payment Incentives Refunds shall use the methodology where if a day
(aggregate date) has an additional decimal value, the mid point of .50 shall determine the direction of rounding. If
the derived decimal amount is .50 or less, the number of days shall round down to the whole number. If the decimal
is .51 or greater, the amount shall round up to the whole number.
11. Payment Terms and Late Payment Charges
11.1. In accordance with the Defense Transportation Regulation – Part II, Chapter 212, Section C.7.c., payments
are due 15 calendar days from the DoD Electronic Transportation Bill Payment Environment summary invoice
availability date. The Contractor shall be responsible for any interest penalties accrued because system downtime,
unmatched bills and/or posting invoices to an incorrect billing statement.
11.2. Invoices shall be made available for payment reimbursement by 0600 hours Eastern Time on the business day
the invoice is sent to the Government or be sent the next business day prior to 0600.
12. Privacy Act Notice
The Contractor shall not use names, addresses, shipping information, specific personally identifiable information or
any other or related account information for any purposes other than that specified in the contract. The Contractor
shall not release, sell, or make available in any form any such information to any third party except as otherwise
specifically provided in the contract. This section does not prohibit the dissemination of information and data
concerning shipping and charge activity which does not contain any direct or indirect identification of the DoD and
other designated Federal Agencies, or specific individuals. The terms of this section shall survive the termination of
this performance work statement.
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13. Intellectual Property
The Contractor shall own all Intellectual Property rights in the name, the system, software, the documentation and
related material. Nothing in this performance work statement shall cause or be construed as a transfer of any
Intellectual Property rights to the DoD and other designated Federal Agencies, nor shall it constitute a license to
Intellectual Property of the Contractor. The DoD, and other designated Federal Agencies may not modify, reverse
assemble, or decompile the Intellectual Property, nor make derivative works thereof. Data captured through the DoD
Electronic Transportation Bill Payment Environment is proprietary and the exclusive sovereign property of the U.S.
Government. The terms of this Section shall survive the termination of this performance work statement.
14. IRS Withholding Requirement
Contractor shall comply with Section 3402(t) of the Internal Revenue Code that requires Federal, state, and local
government entities, or their payment administrators to withhold 3 percent from payments over $10,000 for property
or services, deposit the withholding with the IRS, and report the payments and the withholding to the IRS and to the
payees. Withholding is required for payments made after December 31, 2010. Withholding is required at the time of
payment, and applies to any form of payment. A government entity may use a payment administrator in making
payments. A payment administrator is a person that acts with respect to a payment solely as an agent for the
government entity by making the payment on behalf of the government entity to the person providing the property or
service to, or on behalf of, the government entity. If a payment administrator is used, the payment subject to
withholding occurs when the payment administrator pays the person providing property!
or services.
Payments subject to the withholding requirement must be shown on Form 945, Annual Return of Withheld Income
Tax. These amounts are subject to the deposit rules for that form. The deposit rules are discussed in (Publication 15),
(Circular E, Employer's Tax Guide). All amounts withheld must be reported by the government entity or payment
administrator on Form 1099-MISC, Miscellaneous Income, at the end of the calendar year.
15. Government-Wide Shut Down
Each year, Congress must pass appropriation bills that provide legal authority to spend or obligate U.S. Treasury
Funds. The bills must then be signed into law by the President or become law through a Congressional override of a
Presidential veto. It is possible that all of the appropriation bills will not be completed in time for the start of any
given fiscal year. A continuing resolution is usually passed to allow the Government to continue to function;
however, in recent years, the Government has been required to “shut down” non-essential functions. In the event of
a government-wide shut down, payment to the Contractor would be late for most accounts; however, all billed
accounts would be paid with Prompt Payment Act interest upon a budget passing. The Contractor shall not
deactivate any account in this situation unless otherwise notified by the Contracting Officer or the COR by direction
of the Contracting Officer.
CONTRACT ADMINISTRATION PLAN (CAP)
FOR FIXED PRICE CONTRACTS
In order to expedite the administration of this contract, the following delineation of duties is provided. The names,
addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document.
The office or individual designated as having responsibility should be contacted for any questions, clarifications, or
information regarding the administration function assigned.
1. The Procuring Contract Office (PCO) is responsible for:
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a. All pre-award duties such as solicitation, negotiation and award of contracts.
b. Any information or questions during the pre-award stage of the procurement.
c. Freedom of Information inquiries.
d. Changes in contract terms and/or conditions.
e. Post award conference.
2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS
42.302 except those areas otherwise designated as the responsibility of the Contracting Officer's Representative
(COR) or someone else herein.
3. The paying office is responsible for making payment of proper invoices after acceptance is documented.
4. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance
of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the
terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter
deviating from the terms of the basic contract between the contractor and any other person be effective or binding on
the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the
contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or
CAO has issued a contractual change. The COR duties are as follows:
a. Technical Interface
(1) The COR is responsible for all Government technical interface concerning the contractor and
furnishing technical instructions to the contractor. These instructions may include: technical
advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements;
milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other
interface of a technical nature necessary for the contractor to perform the work specified in the contract. The COR
is the point of contact through whom the contractor can relay questions and problems of a technical nature to the
PCO.
(2) The COR is prohibited from issuing any instruction which would constitute a contractual change.
The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions
contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the
contractor.
b. Contract Surveillance
(1) The COR shall monitor the contractor's performance and progress under the contract. In
performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross
the line of personal services. The COR must be able to distinguish between surveillance (which is proper and
necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond
enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner,
the line is being crossed. In such a situation, the COR's actions would be equivalent to using the contractor's
personnel as if they were government employees and would constitute transforming the contract into one for personal
services.
(2) The COR shall monitor contractor performance to see that inefficient or wasteful methods are not
being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert
the contractor and the PCO to the situation.
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(3) The COR will take timely action to alert the PCO to any potential performance problems. If
performance schedule slippage is detected, the COR should determine the factors causing the delay and report them
to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the
slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and
keeping the PCO advised of progress.
(4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract
you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated
Information System (AIS). The initial CPAR, under an eligible contract, must reflect evaluation of at least 180 days
of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are
allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review
no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods
should be ready at 1-year intervals thereafter.
c. Invoice Review and Approval/Inspection and Acceptance
(1) The COR is responsible for quality assurance of services performed and acceptance of the services
or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of
performance and all other supporting documentation to determine the reasonableness of the billing. In making this
determination, the COR must take into consideration all documentary information available and any information
developed from personal observations.
(2) The COR must indicate either complete or partial concurrence with the contractor's invoice/voucher
by executing the applicable certificate of performance furnished by the contractor. The COR must be cognizant of
the invoicing procedures and prompt payment due dates detailed elsewhere in the contract.
(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as
Certificates of Performance.
(4) The COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days
after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a “Final
Invoice.”
d. Contract Modifications. The COR is responsible for developing the statement of work for change orders
or modifications and for preparing an independent government cost estimate of the effort described in the proposed
statement of work.
e. Administrative Duties
(1) The COR shall take appropriate action on technical correspondence pertaining to the contract and
for maintaining files on each contract. This includes all modifications, government cost estimates, contractor
invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.
(2) The COR shall maintain files on all correspondence relating to contractor performance, whether
satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of
business for the purpose of discussing the contract.
(3) The COR must take prompt action to provide the PCO with any contractor or technical code request
for change, deviation or waiver, along with any supporting analysis or other required documentation.
f. Government Furnished Property. When government property is to be furnished to the contractor, the
COR will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use.
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The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been
consumed in the performance of work.
g. Security. The COR is responsible for ensuring that any applicable security requirements are strictly
adhered to.
h. Standards of Conduct. The COR is responsible for reading and complying with all applicable agency
standards of conduct and conflict of interest instructions.
i. Written Report/Contract Completion Statement.
(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual
evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any
contract option and 60 days after contract completion. The report shall include a written statement that services were
received in accordance with the Contract terms and that the contract is now available for close-out. The report shall
also include a statement as to the use made of any deliverables furnished by the contractor.
(2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract
you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with
30 days of contract completion.
(3) The COR is responsible for providing necessary assistance to the Contracting Officer in performing
Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.
5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring
assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the
contract. Duties that may be performed by the TA are as follows:
a. Identify contractor deficiencies to the COR.
b. Review contract deliverables, recommend acceptance/rejection, and provide the COR with
documentation to support the recommendation.
c. Assist in preparing the final report on contractor performance for the applicable contract in accordance
with the format and procedures prescribed by the COR.
d. Identify contract noncompliance with reporting requirements to the COR.
e. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR
with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.
f. Review invoices and provide the COR with recommendations to facilitate COR certification of the
invoice.
g. Provide the COR with timely input regarding technical clarifications for the statement of work, possible
technical direction to provide the contractor, and recommend corrective actions.
h. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any
interface between the TA and contractor.
QUALITY ASSURANCE SURVEILLANCE PLAN
For: DoD Electronic Transportation Bill Payment Environment
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1. Contract Number: TBD
2. Contractor’s name: TBD
3. Contract Description: The end result of the Contractor provided DoD Electronic Transportation Bill Payment
Environment shall be to provide an auditable common, real-time, DoD Electronic Transportation Bill Payment
Environment shared by DoD personnel and carriers or sellers of transportation services that streamlines the payment
and accounting process for the DoD, and other designated Federal Agencies. This process shall capture and then
provide to appropriate and designated DoD activities, and other designated Federal Agencies activities, detailed
information required to continuously improve the cost-effectiveness of seller payments and transportation movement,
and billing. Such information shall include, but not be limited to, line haul, storage and each applicable accessorial
charge at the individual transaction level. The primary source of shipment or order information within the DoD
Electronic Transportation Bill Payment Environment is electronically received batch data from DoD, and other
designated Federal Agencies’ order, shipment, contract, and accounting management systems based upon mutually
agreeable industry standard electronic format and the commercial carrier (seller) or carrier management systems. The
DoD Electronic Transportation Bill Payment Environment provided shall facilitate all carriers, their agents, and
transportation managers submitting delivery status to trigger payment and support carrier performance monitoring.
DoD Electronic Transportation Bill Payment Environment shall encompass, but not be limited to, settlement for any
type of trucking, rail, air, pipeline, barge, sealift, express package, household goods, inter-modal, inter-governmental
or internal DoD and other designated Federal Agencies’ transportation transactions may or may not include the
actual transfer of funds.
4. Purpose
This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the
stated contract. This QASP explains the following:
What will be monitored?
How monitoring will take place.
Who will conduct the monitoring?
How monitoring efforts and results will be documented.
This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise
that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is
the Government’s responsibility to be objective, fair, and consistent in evaluating performance.
This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the
Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be
provided to the contractor and Government officials implementing surveillance activities.
5. Government Roles and Responsibilities
The following personnel shall oversee and coordinate surveillance activities.
a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting,
ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual
relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this
contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s
performance.
Assigned CO: Brian Excell
Organization or Agency: Fleet and Industrial Supply Center Norfolk Contracting Dept.
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Philadelphia Office
Philadelphia, PA 19111
b. Contracting Officer’s Representative (COR) - The COR is responsible for the administration of the contract and
shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality
assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual
changes on the Government’s behalf.
c. Assigned COR: Roberto Ruiz-Torres
Government Program Manager: Kenneth Soderlund
6. Contractor Representative
The following contractor’s employees serve as the program manager for this contract.
a. Project Manager: TBD
b. Other:
7. Performance Standards
Performance standards define desired services. The Government performs surveillance to determine if the
contractor exceeds, meets or does not meet these standards. (See QASP Matrix)
8. Incentives
The Government shall use the Exercise of Option Periods and past performance as incentives. Incentives shall
be based on exceeding, meeting, or not meeting performance standards.
9. Methods of QA Surveillance
The COR shall use the following methods of surveillance:
a. Progress or status meetings: Performance standards ID # 1-43
b. Analysis of contractor's progress reports: Performance standards ID # 1-43
c. Analysis of Contractor’s records and/or work plans: Performance standards ID # 1-43
10. Documenting Performance
a. ACCEPTABLE PERFORMANCE
The Government shall document positive performance. Any report may become a part of the supporting
documentation for any contractual action.
b. UNACCEPTABLE PERFORMANCE
When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing
unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and
place it in the COR file.
When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy
Report (CDR), and present it to the contractor's program manager.
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The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required
to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and
avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective
action plan to the COR. The Government shall review the contractor's corrective action plan to determine
acceptability.
Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the
CO.
11. Frequency of Measurement
a. Frequency of Measurement.
During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is
appropriate for the work being performed.
b. Frequency of Performance Assessment Meetings.
The COR shall meet with the contractor as needed to assess performance and shall provide a written assessment.
DOD ELECTRONIC TRANSPORTATION BILL PAYMENT ENVIRONMENT
QUALITY ASSURANCE MATRIX
Acceptable Determination
Method of
Task ID Indicator Standard Quality Incentive
Surveillance
Level
Electronically receive and utilize Reviewing monthly Exercise of
batch data from DoD agencies status Option Exceeds, meets,
As
7.1.1 1 order, shipment, contract, and 100% reports/Contractor Period and or does not
Required
accounting management systems. records and/or work past meet
plan performance
Electronically accept and utilize Reviewing monthly Exercise of
invoices with event status from As 100% status Option Exceeds, meets,
7.1.2 2 DoD approved Carriers/Sellers of Required reports/Contractor Period and or does not
transportation services. records and/or work past meet
plan performance
Electronically accepts and utilizes Reviewing monthly Exercise of Exceeds, meets,
verification and data changes from status Option or does not
DoD and other designated Federal As reports/Contractor Period and meet
7.1.3 3 100%
Agencies order, shipment, contract, Required records and/or work past
and accounting management plan performance
systems directly and systematically.
Reconcile and pay sellers of Reviewing monthly Exercise of Exceeds, meets,
transportation services the amount status Option or does not
As
7.1.4 4 verified by DoD and other 100% reports/Contractor Period and meet
Required
designated Federal Agencies’ records and/or work past
directly or systematically. plan performance
Reviewing monthly Exercise of Exceeds, meets,
Access to DoD Electronic status Option or does not
As
7.1.5 5 Transportation Bill Payment 100% reports/Contractor Period and meet
Required
Environment records and/or work past
plan performance
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Acceptable Determination
Method of
Task ID Indicator Standard Quality Incentive
Surveillance
Level
Authorized users can enter, edit, Reviewing monthly Exercise of Exceeds, meets,
and save all bill of lading (BOL) status Option or does not
information including, but not reports/Contractor Period and meet
limited to, carrier/TSP to be paid, records and/or work past
amount to be paid, delivery As plan performance
7.1.6 6 100%
information, origin, destination, Required
line item detail, appropriation sub-
head code, line of accounting
(LOA), appropriation code(s), TAC
and TCN.
Provide an online mechanism to Reviewing monthly Exercise of Exceeds, meets,
facilitate control and monitor post- status Option or does not
As
7.1.7 7 payment adjustments that 100% reports/Contractor Period and meet
Required
automatically links the adjustment records and/or work past
to the original shipment. plan performance
Reviewing monthly Exercise of Exceeds, meets,
Capture all appropriation code
status Option or does not
information relevant to a shipment As
7.1.8 8 100% reports/Contractor Period and meet
or order provided by DoD or other Required
records and/or work past
designated Federal Agencies.
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Supplemental payment requests or As
7.1.9 9 100% reports/Contractor Period and or does not
billing disputes Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.1.10 10 Unilateral Adjustments/Offsets 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Pay carriers/TSP in foreign As
7.1.11 11 100% reports/Contractor Period and or does not
currency. Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
Interface Requirements status Option Exceeds, meets,
As
7.2.1 12 Specification with Government 100% reports/Contractor Period and or does not
Required
Exchange (GEX). records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
System Interface and HTTPS As
7.2.2 13 100% reports/Contractor Period and or does not
Transport Mechanism Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
Interface Communications status Option Exceeds, meets,
As
7.2.3 14 Connectivity 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
HTTPS address to be used for the
status Option Exceeds, meets,
HTTPS Requests made by the As
7.2.4 15 100% reports/Contractor Period and or does not
Contractor system will be provided Required
records and/or work past meet
after contract award.
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.2.5 16 Security Requirements 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
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Acceptable Determination
Method of
Task ID Indicator Standard Quality Incentive
Surveillance
Level
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.2.6 17 Interface Modifications 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.3 18 Contract Number Requirement 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.4.1 19 Delinquent Amounts 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.4 20 Billing Statement 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.5 21 Payment of Approved Transactions 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Automatic payment information As
7.5.1 22 100% reports/Contractor Period and or does not
link Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
Access to authorized users so that
status Option Exceeds, meets,
oversight, audit, accounting, and As
7.5.2 23 100% reports/Contractor Period and or does not
compliance groups can perform Required
records and/or work past meet
their functions.
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
User-generated Management As
7.6 24 100% reports/Contractor Period and or does not
Reports Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.7 25 Help Desk 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
The Contractor shall be responsible Reviewing monthly Exercise of
for analyzing customer problems status Option Exceeds, meets,
As
7.8 26 and systemic problems within the 100% reports/Contractor Period and or does not
Required
system, and develop solutions to records and/or work past meet
these problems. plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.9 27 User Training 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.10 28 Develop Disaster Recovery Plan 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
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Acceptable Determination
Method of
Task ID Indicator Standard Quality Incentive
Surveillance
Level
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.11 29 Marketing of services 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
DoD Electronic Transportation Bill status Option Exceeds, meets,
As
7.11.1 30 Payment Environment Interface 100% reports/Contractor Period and or does not
Required
Solutions records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.12 31 Data Storage Repository 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
Recommend system status Option Exceeds, meets,
As
7.13 32 upgrades/improvements via a 100% reports/Contractor Period and or does not
Required
working group process. records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Government rebate credited to As
7.14 33 100% reports/Contractor Period and or does not
TAC monthly. Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
7.6 34 Electronic Statements and Reports 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
The Contractor shall be responsible Reviewing monthly Exercise of
for analyzing customer problems status Option Exceeds, meets,
As
7.8 35 and systemic problems within the 100% reports/Contractor Period and or does not
Required
system, and develop solutions to records and/or work past meet
these problems. plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
8.4 36 Commercial Deployment Plan 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Ninety-eight percent or better As
8.6 37 100% reports/Contractor Period and or does not
system reliability Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
8.7 38 Security Plan 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
8.8 39 Monthly rebate report 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
Monthly Processing Fee Percentage As
8.9 40 100% reports/Contractor Period and or does not
Report Required
records and/or work past meet
plan performance
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Acceptable Determination
Method of
Task ID Indicator Standard Quality Incentive
Surveillance
Level
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
10 41 Early payment incentive refund 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
12 42 Privacy Act 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
Reviewing monthly Exercise of
status Option Exceeds, meets,
As
14 43 IRS 3% withholding 100% reports/Contractor Period and or does not
Required
records and/or work past meet
plan performance
REQUIRED STANDARD OF WORKMANSHIP (OCT 1992)
Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform
to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or
supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses
required by law.
(End of Provision)
EMPLOYMENT OF DEPARTMENT OF DEFENSE PERSONNEL RESTRICTED
In performing this contract, the contractor will not use as a consultant or employ (on either a full or part time basis)
any current Department of Defense (DoD) personnel (civilian or military) without the prior approval of the
Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or
Navy instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest
will result.
CONTRACTOR ACCESS TO (UNCLASSIFIED) INFORMATION SYSTEMS (SEP 2008) (NAVSUP)
Department of Navy (DON) policy prescribes that all unclassified data at rest that has not been approved for public
release and is stored on mobile computing devices shall be treated as sensitive data and encrypted using
commercially available encryption technology. A contractor employee, whose work involves access to sensitive
unclassified information, warrants a judgment of trustworthiness. Therefore, each contractor employee will have a
favorably completed National Agency Check with Written Inquiries (NACI) to ensure the contractor employee
assigned to the command will have an investigation equivalent to the National Agency Check with Local Credit
Checks (NACLC). This investigation must be current within 10 years.
DON will no longer permit the assignment of non-U.S. citizen contractor personnel to IT-II designated positions.
Requests to waive the U.S. citizenship requirement for designated IT-II positions may be submitted through the
command Security Manager to CNO (N09N2). IT position designations are incorporated in paragraph 5B-2 of
SECNAV M-5510.30.
For contractor personnel who currently have a favorably adjudicated NACLC the Facility Security Officer (FSO)
will use the visitor certification program in the Joint Personnel Adjudication System (JPAS) or a visit authorization
request (VAR) to provide the individuals investigative information to the Security Manager of the command visited.
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The contractor will include the IT Position Category per SECNAV M-5510.30 for each person designated on a
VAR. The VAR will be renewed annually or for the duration of the contract if less than one year.
The contractor FSO or security representative will ensure that individuals assigned to the command are US citizens
and will ensure completion of the SF-85P. The SF-85P along with the original signed release statements and two
applicant fingerprint cards (FD 258) will be forwarded to the command’s security manager for receipt at least one
week prior to reporting for duty. The responsibility for providing the fingerprint cards rests with the contractor. The
Security Manager will review the form for completeness, accuracy and suitability issues. The completed SF 85P
along with attachments will be forwarded to the Office of Personnel Management (OPM) who will conduct the
NACI investigation. All contract personnel will in-process with the Security Manager and Information Assurance
Manager upon arrival to the Command and will out-process prior to their departure. The completed SF-85P will be
reviewed by the security manager for completeness, accuracy and suitability after the questionnaire has been
reviewed, the request will be forwarded to OPM. If there are eligibility issues the FSO will be advised that the
contractor is unacceptable by the security manager. OPNAV Form 5239/14 the System Authorization Access
Request Navy (SAAR-N) is required for all individuals accessing Navy Information Technology resources. The
FSO will ensure that the SAAR-N is forwarded to the security manager for receipt at least one week prior to the start
date for the individual.
Failure to provide the required SF-85P, signed release statements, fingerprint cards and the SAAR-N at least one
week prior to the individuals report date will result in delaying the reporting date. Personnel can not be properly
processed and provided system access prior to their reporting date without receiving the investigative paperwork one
week prior.
Once the investigation is complete, the results are forwarded by OPM to the DON Central Adjudication Facility
(CAF) for a position of trust determination. The DONCAF determination will appear in JPAS as either “Favorable”
or “No Determination Made.” Decisions of no determination made indicate that significant derogatory information
is present that prevents a favorable suitability determination. Please note that the determination of the DONCAF is
final, there is no due process accommodation for positions of trust that decision is final. If the determination is “No
Determination Made” the contractor employee will not be permitted to continue on the contract and will be removed
immediately.
In order to maintain access to required systems, the contractor shall ensure completion of annual Information
Assurance (IA) training, monitor expiration of requisite background investigations and initiate reinvestigations as
required.
(End of Clause)
PREPARATION FOR DELIVERY (DATA ITEMS)
Data furnished hereunder shall be adequately packaged to assure safe delivery at destination.
In the event it becomes necessary to transmit classified matter by mail, the transmittal shall be in accordance with the
National Industrial Security Program Operating Manual (DD 5220.22-M).
SUBCONTRACTING PLAN - INCORPORATED (FISC DET PHILA) (OCT 1992)
In accordance with FAR 19.702, the contractor has submitted a subcontracting plan which has been reviewed and
approved by the contracting officer. The plan is hereby incorporated into this award as attachment _________. The
ACO is hereby delegated authority to monitor implementation of The Small Business and Small Disadvantaged
Business Subcontracting Plan.
The Contractor shall provide a copy of all SF 294s, Subcontracting Reports for Individual Contracts, and SF 295s,
Summary Subcontracting Reports, associated with the contract to The Fleet and Industrial Supply Center (FISC)
Norfolk Detachment Philadelphia, 700 Robbins Avenue, Building 2B, Philadelphia, PA 19111-5083, Attn: Code
N00189-10-R-Z017
Page 70 of 71
COMMUNICATIONS
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit
the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of
this contract shall constitute a change under the “Changes” clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued
in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of
this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this
contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the
Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no adjustment will be
made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone
number of the Principal Contracting Officer is:
Brian Excell
FISC Norfolk DET Philadelphia
700 Robbins Ave., Bldg. 2B
Philadelphia, PA. 19111-5083
(215) 697- 9610
APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE (FISC DET PHILA) (OCT 1992)
(a) The Contracting Officer hereby designates the following individual as Contracting Officer’s Representative(s)
(COR) for this contract:
Roberto Ruiz-Torres
Defense Finance and Accounting Service
eSolutions, Third Party Payments Mission Area
3990 East Broad Street, BLDG 10, SEC 10
Columbus, OH 43213
317-510-8892
(b) In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the
responsibility of the alternate COR acting on behalf of the COR. The Contracting Officer hereby appoints the
following individual as the alternate COR:
______N/A____________________________________
NAME CODE
__________________________________________
MAIL ADDRESS
__________________________________________
TELEPHONE NUMBER
N00189-10-R-Z017
Page 71 of 71
(c) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction
and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and
quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have
authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of
performance, delivery schedule, or any other terms and conditions of the contract (or delivery/task order), or to
direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract (or
delivery/task order).
(d) It is emphasized that only a Contracting officer has the authority to modify the terms of the contract, therefore, in
no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of
the basic contract between the contractor and any other person be effective or binding on the Government. When/if,
in the opinion of the contractor, an effort outside the existing scope of the contract (or delivery/task order) is
requested, the contractor shall promptly notify the PCO in writing. No action shall be taken by the contractor under
such direction unless the PCO or ACO has issued a contractual change or otherwise resolved the issue.
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