OCB - VIDEO SERVICES
OCB Video Services
Combined Synopsis/Solicitation
BBG50-R-17-00003
i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR A COMMERCIAL ITEM PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.
(ii) Solicitation No. BBG50-R-17-00003 is issued as a Request For Proposal (RFP) for a Firm-Fixed -Price Commercial Item contract that will be awarded using the contracting procedures in FAR Subpart 13.5.
(iii) This solicitation document and incorporated provisions and clauses are those in effect from the Federal Acquisition Regulations FAC 2005-94, 2005-95, dated January 19, 2017.
(iv) This acquisition is unrestricted (full and open competition). The North American Industry Classification Systems (NAICS) code for this acquisition is 519110 (News Syndicates) with a size Standards of $27.5.
(v) The Contractor shall provide the Contract Line Items (CLINs) reflected in Attachment B.
(vi) The Broadcasting Board of Governors, which includes Office of Cuba Broadcasting, is looking to contract a video service to provide the agency with daily, comprehensive video coverage/footage of domestic (US) and International news events, as well as sports from around the nation and the world, which are spot, breaking and feature stories.
The stories provided should be available in various forms, e.g. complete reporter voiced packages, split audio (international sound) with narrator track and natural sound as well as raw, uncut footage of particular news events. Examples of live events, both foreign and domestic include, but are not limited to, presidential addresses, congressional hearings, government briefings as well as campaign rallies and other scheduled events, as well as live coverage of breaking news: major catastrophes, accidents and weather events.
Besides the aforementioned news events and daily coverage of what is typically termed "news" the video service should provide:
Domestic & International Sports
Business News
Medical/Science
Technology
Entertainment
Weather.
All stories should be accompanied by their corresponding scripts and graphic (supers) requirements such as courtesies, locators and name and title of interviewees.
The quality of the feed shall meet commonly accepted RS170A broadcast standards (See C.6) as defined by the Agency. If sub-standard material is provided, the Contractor shall provide replacement, at the Contractor's expense, in a timely fashion and by courier, if necessary. The quality of the feed should meet commercial television standards for SD transmission. There should be a minimum of six feeds per day during morning, afternoon, evening and overnight hours.
The contractor will need to provide a daily list of stories to be, appropriate script information, as well as the running time of the story along with the expected time when it will be fed. Feeds may be sent/received via satellite, fiber or other IP methods of transmission.
Specific coverage of Cuba and Cuban issues, particularly of events happening inside the island are a plus.
The contractor will need adhere to the Technical Commercial Broadcast Standards. Video must conform to RS170A specifications for SC/H subcarrier phase, horizontal blanking not to exceed 11.2 microseconds and vertical blanking of 21 lines. Head switching shall not be visible in active video or Betacam SP format feeds.
Video Frequency Response 30 Hz to 4.2 mHz NTSC
Video Signal to Noise ratio, weighted CCIR 50dB min, NTSE
K-Factor, 2T sin2 pulse and bar 2% min.
Differential Gain at 3.58 mHz (10% to 90% APL) 2.5% max.
Differential phase shall not exceed 3⁰ maximum.
Audio operating level shall be +8 dBm where 0dB = 0.775 volts across a 600 ohms load.
Audio Frequency Response flat within +/- 1b between 50 Hz to 15 KHz.
Audio THD (Distortion) 50 Hz to 15 KHz 1.5% max.
Audio Signal to Noise ratio, unweighted 50 dB minimum
If Contractor provides the News Feed as a digital file based system, stories must be compatible with or have the ability to be transcoded to match the Agency's current video server standard of DV 25 in a QuickTime container.
Use of feed material may be used in all media and formats now known or hereafter devised, including, but not limited to: theatrical and non-theatrical, commercial and non-commercial, distribution, exhibition, promotional, radio, television, simulcast, broadcast, internet, mobile, CD-ROM, DVD, closed-circuit TV, cable systems, transmission via satellite, wireless cable, reproduction rights (in any format and standard such as VHS, and PAL, etc.) and may be excerpted, edited, translated, and adapted.
The geographic scope of the license will be international territory. The license provided for in H.1 excludes public performance, public display, and broadcasting of "feed material" within the United States; however, inadvertent or incidental reception within the United States of feed material intended for audiences outside the United States shall not be a breach of this license. Inadvertent reception includes reception of internet sites that although targeted to audiences outside the United States are capable of being viewed within the United States.
FREQUENCY - Minimum requirement is continuous coverage of major activities of the President and other member of the Executive Branch and Legislative Branches of government. The news events provided by the Contractor occur throughout the day, seven (7) days a week. Some news events are scheduled and others occur as news events warrant. The news event coverage is of indeterminate length and shall be regularly scheduled and unplanned domestic and international events, as deemed appropriate for the Agency's programming needs. The Agency may call the Contractor to discuss what news event coverage is available each day via the pool feed sources. From time to time, the Agency may request, and the Contractor shall provide certain presently unknown television pool feeds.
SUPPORT MATERIAL - The Contractor shall supply advisories and notifications which list all the available news feed events each day. Such support material shall be delivered in a time and expedient manner in accordance with the customary standard practice in the broadcast industry to the Agency's computer system in the Cohen Building in Washington, D.C. Feed support material and associated metadata must be compatible and easily importable into Agency computer systems, databases, video server system, and media asset management system. Providing the text files in XML format would be considered a benefit. The Contractor is responsible for providing a reliable back-up system in the event of a failure in the primary system.
(vii) The proposed period of performance will be a base period from May 1, 2017 through April 30, 2018, with options to extend four (4) additional one-year periods, at the discretion of the Government subject to the availability of funding. Place of Delivery is Office of Cuba Broadcasting (OCB), 4201 NW 77th Ave, Miami, Florida. Place of Acceptance and FOB point is also OCB located in Miami Florida. The subsequent Options to Extend Term clause (FAR Clause 52.217-9) (if exercised) will follow sequentially for a total contract duration not to exceed sixty (60) months.
(viii) The Federal Acquisition Regulation (FAR) provision FAR 52.212-1 Instruction to Offerors-Commercial Items, applies to this solicitation. Full text of all FAR clauses and provisions are available electronically at the following Internet address: (http://www.acquisition.gov/far). Interested offerors who are capable of providing a site license for newswire services should submit a proposal demonstrating their ability and experience in providing the required services.
INTERESTED OFFERORS RESPONDING TO THIS SOLICITATION SHALL SUBMIT THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER: (1) a Technical Proposal which addresses the technical factors described below in (ix) and (2) a Price Proposal in accordance with (ix). The Price Proposal must contain a copy of Attachment "B" entitled "SUPPLIES AND PRICES/COSTS" which must be filled out by the interested offeror. The Government plans to award without discussions, but may conduct discussions if it deems it is in the Government's best interest. The decision to hold discussions will be at the sole discretion of the Government. Thus any information an Offeror wishes the Government to consider shall be submitted with the Offeror's written proposal, since discussions may not occur.OCB Video Services
Combined Synopsis/Solicitation
BBG50-R-17-00003
i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR A COMMERCIAL ITEM PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.
(ii) Solicitation No. BBG50-R-17-00003 is issued as a Request For Proposal (RFP) for a Firm-Fixed -Price Commercial Item contract that will be awarded using the contracting procedures in FAR Subpart 13.5.
(iii) This solicitation document and incorporated provisions and clauses are those in effect from the Federal Acquisition Regulations FAC 2005-94, 2005-95, dated January 19, 2017.
(iv) This acquisition is unrestricted (full and open competition). The North American Industry Classification Systems (NAICS) code for this acquisition is 519110 (News Syndicates) with a size Standards of $27.5.
(v) The Contractor shall provide the Contract Line Items (CLINs) reflected in Attachment B.
(vi) The Broadcasting Board of Governors, which includes Office of Cuba Broadcasting, is looking to contract a video service to provide the agency with daily, comprehensive video coverage/footage of domestic (US) and International news events, as well as sports from around the nation and the world, which are spot, breaking and feature stories.
The stories provided should be available in various forms, e.g. complete reporter voiced packages, split audio (international sound) with narrator track and natural sound as well as raw, uncut footage of particular news events. Examples of live events, both foreign and domestic include, but are not limited to, presidential addresses, congressional hearings, government briefings as well as campaign rallies and other scheduled events, as well as live coverage of breaking news: major catastrophes, accidents and weather events.
Besides the aforementioned news events and daily coverage of what is typically termed "news" the video service should provide:
Domestic & International Sports
Business News
Medical/Science
Technology
Entertainment
Weather.
All stories should be accompanied by their corresponding scripts and graphic (supers) requirements such as courtesies, locators and name and title of interviewees.
The quality of the feed shall meet commonly accepted RS170A broadcast standards (See C.6) as defined by the Agency. If sub-standard material is provided, the Contractor shall provide replacement, at the Contractor's expense, in a timely fashion and by courier, if necessary. The quality of the feed should meet commercial television standards for SD transmission. There should be a minimum of six feeds per day during morning, afternoon, evening and overnight hours.
The contractor will need to provide a daily list of stories to be, appropriate script information, as well as the running time of the story along with the expected time when it will be fed. Feeds may be sent/received via satellite, fiber or other IP methods of transmission.
Specific coverage of Cuba and Cuban issues, particularly of events happening inside the island are a plus.
The contractor will need adhere to the Technical Commercial Broadcast Standards. Video must conform to RS170A specifications for SC/H subcarrier phase, horizontal blanking not to exceed 11.2 microseconds and vertical blanking of 21 lines. Head switching shall not be visible in active video or Betacam SP format feeds.
Video Frequency Response 30 Hz to 4.2 mHz NTSC
Video Signal to Noise ratio,
weighted CCIR 50dB min, NTSE
K-Factor, 2T sin2 pulse and bar 2% min.
Differential Gain at 3.58 mHz
(10% to 90% APL) 2.5% max.
Differential phase shall not exceed 3⁰ maximum.
Audio operating level shall be +8 dBm where 0dB = 0.775 volts across a 600 ohms load.
Audio Frequency Response flat within +/- 1b between 50 Hz to 15 KHz.
Audio THD (Distortion) 50 Hz to 15 KHz 1.5% max.
Audio Signal to Noise ratio, unweighted 50 dB minimum
If Contractor provides the News Feed as a digital file based system, stories must be compatible with or have the ability to be transcoded to match the Agency's current video server standard of DV 25 in a QuickTime container.
Use of feed material may be used in all media and formats now known or hereafter devised, including, but not limited to: theatrical and non-theatrical, commercial and non-commercial, distribution, exhibition, promotional, radio, television, simulcast, broadcast, internet, mobile, CD-ROM, DVD, closed-circuit TV, cable systems, transmission via satellite, wireless cable, reproduction rights (in any format and standard such as VHS, and PAL, etc.) and may be excerpted, edited, translated, and adapted.
The geographic scope of the license will be international territory. The license provided for in H.1 excludes public performance, public display, and broadcasting of "feed material" within the United States; however, inadvertent or incidental reception within the United States of feed material intended for audiences outside the United States shall not be a breach of this license. Inadvertent reception includes reception of internet sites that although targeted to audiences outside the United States are capable of being viewed within the United States.
FREQUENCY - Minimum requirement is continuous coverage of major activities of the President and other member of the Executive Branch and Legislative Branches of government. The news events provided by the Contractor occur throughout the day, seven (7) days a week. Some news events are scheduled and others occur as news events warrant. The news event coverage is of indeterminate length and shall be regularly scheduled and unplanned domestic and international events, as deemed appropriate for the Agency's programming needs. The Agency may call the Contractor to discuss what news event coverage is available each day via the pool feed sources. From time to time, the Agency may request, and the Contractor shall provide certain presently unknown television pool feeds.
SUPPORT MATERIAL - The Contractor shall supply advisories and notifications which list all the available news feed events each day. Such support material shall be delivered in a time and expedient manner in accordance with the customary standard practice in the broadcast industry to the Agency's computer system in the Cohen Building in Washington, D.C. Feed support material and associated metadata must be compatible and easily importable into Agency computer systems, databases, video server system, and media asset management system. Providing the text files in XML format would be considered a benefit. The Contractor is responsible for providing a reliable back-up system in the event of a failure in the primary system.
(vii) The proposed period of performance will be a base period from May 1, 2017 through April 30,
2018, with options to extend four (4) additional one-year periods, at the discretion of the Government subject to the availability of funding. Place of Delivery is Office of Cuba Broadcasting (OCB), 4201 NW 77th Ave, Miami, Florida. Place of Acceptance and FOB point is also OCB located in Miami Florida. The subsequent Options to Extend Term clause (FAR Clause 52.217-9) (if exercised) will follow sequentially for a total contract duration not to exceed sixty (60) months.
(viii) The Federal Acquisition Regulation (FAR) provision FAR 52.212-1 Instruction to Offerors-Commercial Items, applies to this solicitation. Full text of all FAR clauses and provisions are available electronically at the following Internet address: (http://www.acquisition.gov/far). Interested offerors who are capable of providing a site license for newswire services should submit a proposal demonstrating their ability and experience in providing the required services.
INTERESTED OFFERORS RESPONDING TO THIS SOLICITATION SHALL SUBMIT THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER: (1) a Technical Proposal which addresses the technical factors described below in (ix) and (2) a Price Proposal in accordance with (ix). The Price Proposal must contain a copy of Attachment "B" entitled "SUPPLIES AND PRICES/COSTS" which must be filled out by the interested offeror. The Government plans to award without discussions, but may conduct discussions if it deems it is in the Government's best interest. The decision to hold discussions will be at the sole discretion of the Government. Thus any information an Offeror wishes the Government to consider shall be submitted with the Offeror's written proposal, since discussions may not occur.
(ix) The Federal Acquisition Regulation (FAR) provision FAR 52.212-2 Evaluation-Commercial Items, applies to this solicitation. The Government intends to award one or more Commercial Item, Firm-Fixed-Price, contract(s) resulting from this RFP to the responsible offeror whose offer provides the best value to the Government. All Evaluation Factors other than Cost/Price when combined are significantly more important than Cost/Price. The Government reserves the right not to make an award as well as reserves the right to make an award to other than the lowest priced offer or to make an award to other than the offer with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The following factors shall be addressed in the technical
proposals and shall be used to evaluate proposals:
Factor 1: Technical Approach - The technical approach factor has four sub-factors (a-d) listed descending order of importance as follows: a). PROFESSIONAL QUALIFICATIONS - The Offeror shall be regularly engaged in the providing an international newswire service with a proved record of accuracy, reliability and journalistic integrity and shall be regarded by the commercial news industry as a bona fide news gathering organization and a competent and reliable source of news material. The Offeror must have bureaus in major cities around the world. While this solicitation is for textual newswires, the Offeror's experience in providing video news coverage, photos and web content will be viewed as further evidence of its reputation and breadth of experience. The Offeror must provide a list of its customer base. The Offeror must be able to deliver at least 1,000 stories per day. b). TECHNICAL CAPABILITY OF THE SERVICES OFFERED - The Offeror shall provide a narrative detailing the approach that it will take to meet the requirement and shall provide details as to technical specifications so that the newswire services can be used on TV, the Internet and mobile/wireless devices with equal detail of image. c). COMPREHENSIVENESS OF COVERAGE INCLUDING U.S. AND INTERNATIONAL, BREAKING NEWS AND FEATURES - The newswire services shall include a broad range of topics, including but not limited to domestic and international current events, conflicts, disasters, politics, medicine, environment, technology, business/finance, sports, entertainment and social issues. d). RELIABILITY/EASE OF ACCESS AND USE - The Offeror shall provide a narrative detailing the approach taken to deliver the newswire services to the Agency. The Offeror shall be responsible for maintaining in proper operating condition the lines and equipment which it furnishes.
Factor 2: MANAGEMENT APPROACH - The Offeror must provide a description of the approach they will take to meet the requirement;
Factor 3: EXPERIENCE - The Offeror shall provide recent examples of its work (within the past three (3) years) demonstrating its experience in providing the services required under this Solicitation to Governmental or commercial customers. The Offeror shall have demonstrated experience in regularly being engaged in providing a newswire service known in the news industry for fair, balanced and comprehensive news coverage of news events, politics, natural events, business and financial news, sports, entertainment and lifestyle to Governmental and/or commercial customers; and
Factor 4: PAST PERFORMANCE: The Offeror's Technical proposal shall contain detailed information on past performance and relevant contracts for same services with a minimum of three (3) reference including contract numbers, points of contact with telephone numbers and email addresses (i.e., the point of contact who can verify the Offeror's past performance). Agency shall evaluate the Offeror's Past Performance pursuant to FAR 15.305(a)(2). Each Offeror's Past Performance shall be determined to be favorable or unfavorable. Pursuant to FAR 15.305(a) (2) (iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will be evaluated as neutral.
Interested offerors shall provide a Separate Price Proposal showing a price breakdown for the CLIN above. The prices shall be provided in English and United States dollars. The Price Proposal must contain Attachment B entitled "SUPPLIES AND PRICES/COSTS" which must be filled out by the offeror. The total price including options will be evaluated for completeness and reasonableness for award. Offerors are cautioned that failure to address each of the above evaluation factors may deem their proposal unacceptable.
(x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items with its offer which is completed by registering in the System for Award Management (SAM) website at: HTTPS://WWW.SAM.GOV/PORTAL. Proposals must also include contractor name and address, contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. THE SUCCESSFUL CONTRACTOR MUST BE REGISTERED ONLINE IN THE SAM WEB SITE PRIOR TO CONTRACT AWARD.
(xi) The FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items, applies to this acquisition with addendum to the clause. The addendum is as follows:
2.212-4 Contract Terms and Conditions-Commercial
Items. (Jan 2017)
(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 41 U.S.C. chapter 71, Contract Disputes. 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 of 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, 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;
(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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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 line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) 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 41 U.S.C. 7109 , 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.
(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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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.
(9) The specification.
(t) System for Award Management (SAM).
(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 SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractor's SAM 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 SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer will appoint by letter a Contracting Officer's Representative (COR) who will have the responsibility of ensuring that the work performed by the Contractor conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the letter of authorization or in this contract. It is understood and agreed, in particular, that the COR shall not have the authority to make changes to the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or in the contract.
THE CONTRACTOR IS HEREBY FOREWARNED THAT, ABSENT THE REQUISITE AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (COR) TO MAKE ANY SUCH CHANGES, IT MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER; MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED; AND MAY ALSO BE REQUIRED, AT NO ADDITIONAL COSTS TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED CHANGES.
(End of clause)
CONTRACT ADMINISTRATION
The Contractor shall designate below a company official whom the BBG may contact during the period of performance of this contract for prompt contract administration:
NAME:
TITLE:
ADDRESS:
E-MAIL:
PHONE:
FACSIMILE:
The Contractor shall also designate below a company official responsible for reviewing performance evaluation entered into the Contractor Performance Assessment Reporting System (CPARS).
NAME:
TITLE:
ADDRESS:
E-MAIL:
PHONE:
FACSIMILE:
INVOICE SUBMISSION
(a) The Contractor shall submit an advanced quarterly invoice to the COR via email. The COR will be identified at the time of award.
(b) The Contractor's quarterly invoice shall list: (1) name and address of Contractor, (2) invoice date and invoice number, (3) BBG contract number (e.g., BBG50-C-17-0000) and (4) the number of days services will be provided.
(c) Pursuant to the Prompt Payment Act, the BBG will pay the invoice within 30 days of either: (1) receipt of the invoice or (2) acceptance of deliverables; whichever is later.
Note No. 1: The BBG invoicing procedures are listed below under 1952.232-91. Any costs associated with complying with these procedures will be at the Contractor's expense.
Note No. 2: The invoice date must be within the current quarter being billed. For example if the contract period of performance is 1/1/17 - 12/31/17, then the invoice for the first quarter can be dated any date from 1/1/17 to 3/31/17. In this example, the invoice cannot be dated earlier than 1/1/17.
1952.232-91 Electronic Invoicing and Payment Requirements - Invoicing Payment Platform (IPP)
(April 2016).
Payment requests for all new awards must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b). "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice (CO to edit and include the documentation required under this contract):
The Contractor must follow the instruction on the attached Electronic Invoicing Advisory to enroll, access and use IPP for submitting requests for payment.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.
(End of clause)
EXERCISING OF OPTIONS UNDER THIS CONTRACT
The Government reserves the right to exercise unilaterally the options in the contract subject to the availability of funding. The parties agree that the Government may partially exercise and fund any options in the contract and may do so multiple times up to the point that the option has been fully exercised and funded. The Contractor, however, will not be entitled to any additional compensation beyond that associated with the amount of the option exercise.
In the event that BBG does not give written notice to exercise an option, the contract will expire at the end of the existing period of performance (the Base Period or Option Period) as applicable. Additionally, the parties agree that, in the event the BBG decides not to exercise any options, BBG will have no further obligation to the Contractor under this contract other than to pay for services the Contractor actually rendered to BBG hereunder.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within two (2) days of the expiration of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.
(End of clause)
NOTICE OF DELAY
Notice of Delay - In the event the Contractor becomes aware of a potential delay, the Contractor shall immediately notify the Contracting Officer and COR by via email. Such email shall include the nature of the delay and whether it will have any impact (positive or negative) on the Contract.
(End of clause)
TERMINATION 49.102 Notice of termination.
(a) General. The contracting officer shall terminate contracts for convenience or default only by a written notice to the contractor (see 49.601). The notice of termination may be expedited by means of electronic communication capable of providing confirmation of receipt by the contractor. When the notice is mailed, it shall be sent by certified mail, return receipt requested. When the contracting office arranges for hand delivery of the notice, a written acknowledgment shall be obtained from the contractor. The notice shall state-
(1) That the contract is being terminated for the convenience of the Government (or for default) under the contract clause authorizing the termination;
(2) The effective date of termination;
(3) The extent of termination;
(4) Any special instructions; and
(5) The steps the contractor should take to minimize the impact on personnel if the termination, together with all other outstanding terminations, will result in a significant reduction in the contractor's work force (see paragraph (g) of the notice in 49.601-2). If the termination notice is by telegram, include these "steps" in the confirming letter or modification.
(b) Distribution of copies. The contracting officer shall simultaneously send the termination notice to the contractor, and a copy to the contract administration office and to any known assignee, guarantor, or surety of the contractor.
(c) Amendment of termination notice. The contracting officer may amend a termination notice to-
(1) Correct nonsubstantive mistakes in the notice;
(2) Add supplemental data or instructions; or
(3) Rescind the notice if it is determined that items terminated had been completed or shipped before the contractor's receipt of the notice.
(d) Reinstatement of terminated contracts. Upon written consent of the contractor, the contracting office may reinstate the terminated portion of a contract in whole or in part by amending the notice of termination if it has been determined in writing that-
(1) Circumstances clearly indicate a requirement for the terminated items; and
(2) Reinstatement is advantageous to the Government.
(End of clause)
(xii) FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2017), applies to this solicitation by reference and proposed subsequent contract as well as the following clauses contained within FAR clause 52.212-5:
52.202-1 Definitions (Nov 2013; 52.203-3 Gratuities
(Apr 1984);
52.203-6 Restrictions on Subcontractor Sales to the
Government (Sept 2006) with Alternate I
(Oct. 1995);
52.203-17 Contractor Employee Whistleblower Rights and
Requirement To Inform Employees of
Whistleblower Rights (Apr 2014);
52.203-19 Prohibition on Requiring Certain Internal
Confidentiality Agreements or Statements
(Jan 2017)
52.204-10 Reporting Executive compensation and First-
Tier Subcontract Awards (Oct 2016);
52.204-19 Incorporated by Reference of Representations
and Certifications (Dec 2014);
52.209-6 Protecting the Government's Interest When
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment
(Oct 2015);
52.209-9 Updates of Publicly Available Information
Regarding Responsibility Matters (Jul 2013);
52.219-8 Utilization of Small Business Concerns (Nov
2016);
52.219-28 Post Award Small Business Program
Representation (Jul 2013);
52.222-3 Convict Labor (June 2003);
52.222-19 Child Labor-Cooperation with Authorities and
Remedies (Oct 2016);
52.222-21 Prohibition of Segregated Facilities
(Apr 2015);
52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246);
52.222-35 Equal Opportunity for Veterans (Oct 2015);
52.222-36 Equal Opportunity for Workers with
Disabilities (Jul 2014);
52.222-37 Employment Reports on Veterans (Feb 2016);
52.222-40 Notification of Employee Rights Under the
National Labor Relations Act (Dec 2010);
52.222-50 Combating Trafficking in Persons (Mar 2015);
52.223-18 Encouraging Contractor Policies to Ban Text
Messaging while Driving (Aug 2011);
52.225-13 Restrictions on Certain Foreign Purchases
(June 2008);
52.227-18 Existing Works (Dec 2007) and
52.232-33 Payment by Electronic Funds Transfer-System
for Award Management (Jul 2013).
(xiii) Additional FAR provisions and clauses incorporated by reference and applicable to this solicitation and the proposed subsequent contract are:
52.232-18 Availability of Funds (Apr 1984).
52.204-7 System for Award Management (Oct 2016);
52.209-2 Prohibition on Contracting with Inverted
Domestic Corporations-Representation
(Nov 2015);
52.209-7 Information Regarding Responsibility Matters
(Jul 2013);
(xiv) No Defense Priorities and Allocation System (DPAS) rating assigned.
(xv) Failure to provide the above the required services for any the above CLIN may result in the rejection of your proposal. Questions concerning this solicitation must be submitted in writing and must be received by the Contracting Specialist, Seneca Belinfontie, no later than March 31, 2017, 12:00 PM Eastern Daylight Time on via email at CONQ&A@bbg.gov. Offerors are cautioned not to direct questions concerning this solicitation to anyone but the Contracting Specialist. No questions will be accepted after the established deadline date.
Proposals shall be in writing and must be signed by an official who is authorized to bind the organization. Fax or oral proposals will not be accepted. Proposals shall be submitted electronically via email to Seneca Belinfontie at CONSOL@bbg.gov. All proposals must be received by April 7, 2017, 12:00 PM Eastern Daylight Time on insert date. Offerors are reminded to submit two separate attachments - a technical proposal and a separate price proposal. Offerors may send one email with both attachments. ALL ATTACHMENTS MUST BE SENT IN "PDF FORMAT" AND THE TOTAL SIZE OF ALL ATTACHMENTS MUST NOT EXCEED 23MB. ALL SUBMISSIONS MUST INCLUDE THE SOLICITATION NUMBER (BBG50-R-17-00003) IN THE SUBJECT LINE.
(xvi) Contact: Seneca Belinfontie, Contract Specialist, Facsimile (202) 382-7870, email: sbelinfo@VOANews.COM. All responsible sources may submit an offer that will be considered by the Agency.
(ix) The Federal Acquisition Regulation (FAR) provision FAR 52.212-2 Evaluation-Commercial Items, applies to this solicitation. The Government intends to award one or more Commercial Item, Firm-Fixed-Price, contract(s) resulting from this RFP to the responsible offeror whose offer provides the best value to the Government. All Evaluation Factors other than Cost/Price when combined are significantly more important than Cost/Price. The Government reserves the right not to make an award as well as reserves the right to make an award to other than the lowest priced offer or to make an award to other than the offer with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The following factors shall be addressed in the technical proposals and shall be used to evaluate proposals:
Factor 1: Technical Approach - The technical approach factor has four sub-factors (a-d) listed descending order of importance as follows: a). PROFESSIONAL QUALIFICATIONS - The Offeror shall be regularly engaged in the providing an international newswire service with a proved record of accuracy, reliability and journalistic integrity and shall be regarded by the commercial news industry as a bona fide news gathering organization and a competent and reliable source of news material. The Offeror must have bureaus in major cities around the world. While this solicitation is for textual newswires, the Offeror's experience in providing video news coverage, photos and web content will be viewed as further evidence of its reputation and breadth of experience. The Offeror must provide a list of its customer base. The Offeror must be able to deliver at least 1,000 stories per day. b). TECHNICAL CAPABILITY OF THE SERVICES OFFERED - The Offeror shall provide a narrative detailing the approach that it will take to meet the requirement and shall provide details as to technical specifications so that the newswire services can be used on TV, the Internet and mobile/wireless devices with equal detail of image. c). COMPREHENSIVENESS OF COVERAGE INCLUDING U.S. AND INTERNATIONAL, BREAKING NEWS AND FEATURES - The newswire services shall include a broad range of topics, including but not limited to domestic and international current events, conflicts, disasters, politics, medicine, environment, technology, business/finance, sports, entertainment and social issues. d). RELIABILITY/EASE OF ACCESS AND USE - The Offeror shall provide a narrative detailing the approach taken to deliver the newswire services to the Agency. The Offeror shall be responsible for maintaining in proper operating condition the lines and equipment which it furnishes.
Factor 2: MANAGEMENT APPROACH - The Offeror must provide a description of the approach they will take to meet the requirement;
Factor 3: EXPERIENCE - The Offeror shall provide recent examples of its work (within the past three (3) years) demonstrating its experience in providing the services required under this Solicitation to Governmental or commercial customers. The Offeror shall have demonstrated experience in regularly being engaged in providing a newswire service known in the news industry for fair, balanced and comprehensive news coverage of news events, politics, natural events, business and financial news, sports, entertainment and lifestyle to Governmental and/or commercial customers; and
Factor 4: PAST PERFORMANCE: The Offeror's Technical proposal shall contain detailed information on past performance and relevant contracts for same services with a minimum of three (3) reference including contract numbers, points of contact with telephone numbers and email addresses (i.e., the point of contact who can verify the Offeror's past performance). Agency shall evaluate the Offeror's Past Performance pursuant to FAR 15.305(a)(2). Each Offeror's Past Performance shall be determined to be favorable or unfavorable. Pursuant to FAR 15.305(a) (2) (iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will be evaluated as neutral.
Interested offerors shall provide a Separate Price Proposal showing a price breakdown for the CLIN above. The prices shall be provided in English and United States dollars. The Price Proposal must contain Attachment B entitled "SUPPLIES AND PRICES/COSTS" which must be filled out by the offeror. The total price including options will be evaluated for completeness and reasonableness for award. Offerors are cautioned that failure to address each of the above evaluation factors may deem their proposal unacceptable.
(x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items with its offer which is completed by registering in the System for Award Management (SAM) website at: HTTPS://WWW.SAM.GOV/PORTAL. Proposals must also include contractor name and address, contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. THE SUCCESSFUL CONTRACTOR MUST BE REGISTERED ONLINE IN THE SAM WEB SITE PRIOR TO CONTRACT AWARD.
(xi) The FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items, applies to this acquisition with addendum to the clause. The addendum is as follows:
2.212-4 Contract Terms and Conditions-Commercial Items. (Jan 2017)
(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 41 U.S.C. chapter 71, Contract Disputes. 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 of 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, 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;
(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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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 perfor
