SOl. 1147908.doc

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Solicitation No. 1147908

RATING

PAGE

OF PAGES

1 | 33

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

1147908

4. TYPE OF SOLICITATION

X SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO (If other than Item 7)

US Government Printing Office

732 North Capitol Streets, NW

Room A332

Washington, DC 20401

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9.

Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Room C161, until _1:00 P.M. local time Oct. 31, 2008.

CAUTION ( LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

NUMBER

512-2010

EXT.

31503 swilliams2@@gpo.gov

11. TABLE OF CONTENTS

AND OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15C. CHECK IF REMITTANCE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

FORMCHECKBOX

10 U.S.C. 2304(c) ( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

ITEM

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (Rev. 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

Price Amount

1.

2.

Manual Computer-To-Plate System Per specifications in Section C.

Freight

The Specification of Computer-to-Plate System

SECTION C - DESCRIPTION

C.1 The contractor shall provide one Computer-to-Plate System as specified. The new CTP System shall consist of Plate Setter, Windows XP Pro x64 computer(s) that shall be used as Raster Image Processor with RIP software and Workflow/Processing Platform, and Plate Processor. The CTP System will receive PostScript or PDF files from GPO Imposition Workstations, and shall be completely compatible with the existing workflow. Any problems resulting from adding the new CTP System shall be corrected by the contractor without any charge to the Government Printing Office.

C.2 Equipment

1) The new CTP System shall be semi-automatic; that is, the operator will place the metal plate on the Plate Setter, and the Plate Setter shall receive the data from RIP, recognize appropriate plate size for exposing and processing, expose the digital information on the plate without involvement of the operator. The Plate Setter will then load the plate to the in-line processor. Then the Plate Processor shall develop the plate and deliver the completed plate, ready for mounting on a press, onto the delivery table. The whole process shall be done without any involvement of the operator except the manual loading and unloading of the plate on the PlateSetter and activating the proper file to be imaged.

2) The new Plate Setter shall have the following characteristics.

a) The following size plates are being used at GPO. The new Plate Setter and Plate Processor shall have capability to produce all plate sizes listed below and intermediate sizes.

GPO Press Group Plate Size (inches) Image Size (inches)

27.25 x 38.50

24.50 x 37.50

88/98

37.50 x 50.50

34.25 x 49.50

95/96

45.0625 x 50.25

38.00 x 50.00

Minimum size

15.75 x 19.875

b) …………………………………………………………………………………Resolution at least 2400 DPI

c) ………………………………………………………………………The production rate 25 Plates per hour*

* This production rate is based on an aluminum plate, 37.60 by 50.50 inches in size, with a level of resolution of 1200 DPI and suitable for a production run of 35,000 impressions.

d) The imaging laser head must be capable of producing a 2 percent dot through 98 percent dot at 200 screen ruling in 1 percent increments to achieve optimum results on a press with current plate technology.

e) This equipment shall be designed for an office type environment with an ambient temperature of 70 to 80 degrees Fahrenheit and 10 percent to 60 percent relative humidity.

f) Imaging laser shall be thermal laser diode which is capable of imaging thermal 12 mil and 8 mil aluminum plates, which require no post-baking.

g) The Plate Processor manufacturer’s name and model shall be noted on the original bid, along with recommended plate manufacturer that can supply the plate suitable for use with the CTP System.

h) The CTP System shall have Windows XP PostScript Level 3 RIP. The PC shall have the following minimum specifications: 64-bit Intel Xeon Proc 5160 Dual Core processors 3.0GHz, 4MB L2 cache, 1333MHz, 2GB DDR2 533MHz SDRAM memory, and two 160GB 7200 RPM Hard Drives with SATA/SAS integrated controller for Connecting Internal Hard Drives.

i) The new CTP System shall have a capability of automatically punching the plate. The punched holes shall be accurate enough to print the tight registration work when it is used for Heidelberg Speedmaster 102 series Press.

C.3 Workflow Description

Before submitting a bid, the contractor shall visit the GPO and check the existing workflow in our Pre-Press Division to supply the CTP System that will be compatible with the existing software and hardware. Any incompatibly issue resulting from adding the new system to the existing system shall be corrected by the contractor without additional charge to the Government Printing Office.

The Postscript files and PDF files are prepared with Desktop Publishing Software such as InDesign, QuarkXpress, or GPO’s composition software and are moved over the network onto the Windows Server. The PostScript and PDF file imposition is performed on the four Windows Workstations using Preps Pro 5.2 software. Postscript or PDF files are then sent to the RIP for plate processing.

GENERAL REQUIREMENTS

1.

Electrical and Compressed Air

a) The equipment shall operate from a power supply of 208Y/120 volts + or - 10 percent, 3-phase, 4-wire 60HZ alternating current. Single phase 120 or 220 volts is available. Electrical components shall conform to the latest standards and revisions of NEMA and ANSI and be UL approved. An isolation transformer or other hardware, if needed, shall be provided to protect the Platemaker from electrical noise or voltage spikes. The contractor shall provide a transformer, if necessary, to meet the voltage and current requirements of the machine.

b) Compressed air at 110 psig is available at GPO to supply this equipment. If the machine supplied by the contractor requires more than 110 psig air pressure for proper operation, then the proper size air compressor shall be provided by the contractor as part of this contract. If the machine requires lower pressures, the contractor shall provide suitable pressure reducing valves, and filter, water separator, and oilers. The contractor shall state the SCFM consumption at each connection point where the compressed air is required.

2.

Safety

a) The equipment and supplies must comply with a11 applicable requirements of the Occupational Safety and Health Act of 1970, as amended.

b) Electrical components shall conform to the latest standards and revision of a11 three of the following: NEMA, UL, and ANSI. Electrical components shall be UL approved. In lieu of UL, compliance with a foreign independent agency comparable to UL will be acceptable

c) All controls and gauges shall have labels or nameplates giving function of the device in English.

3.

Manuals

On or before the machine delivery date, the contractor shall provide three copies (printed in the English language) of the following manuals and drawings:

a) Full operator instruction manual.

b) Complete electrical and electronics wiring and schematics diagrams suitable for GPO in-house electricians/electronic technicians to troubleshoot any problem.

c) Troubleshooting manual for mechanical and electrical maintenance.

d) A complete set of parts lists which shall include the name of the part and number as well as a part description that shall accurately define the part and a reference guide or diagram showing where each part is located.

e) A recommended spare parts list with breakdown of parts and prices good for 120 days shall be provided.

g) Installation requirements should be provided to GPO at least 60 days prior to delivery of equipment. This will include a set of drawings with complete dimensions of the machine and required electrical service.

4 Test Equipment and Diagnostic/Calibration Software

a) Any specialized electronic equipment necessary for the initial setup and the diagnosis of control/electronic functions and problems shall be furnished to the Government by the contractor for future adjustment by in-house technicians. It shall be delivered with the equipment. On screen diagnostic messages, if any, shall be in English.

5.

Training

a) The contractor shall supply the services of a technician to set up, test, demonstrate the operation, and train GPO operators and maintenance technicians. Training shall include 40 hours of classroom time for GPO operators and technicians. The actual division of this training time will be at GPO's discretion.

b) This training shall be conducted at GPO and all costs associated with this technician/instructor shall be included in the contract price.

c) The GPO will provide adequate classroom facilities and equipment. Training will be given during the 8-hour work day, which includes a11 three shifts. Training will be scheduled by GPO. All documentation and instruction shall be in English.

6.

Installation Drawing

The contract shall submit to the contracting officer scale drawings ¼ inch equal 1-foot scale. These drawings shall be delivered at GPO at least 60 days prior to the delivery of the equipment. The installation drawing shall contain the followings:

a) The drawings shall specify all the electrical connection points, where the dedicated lines are needed, with power requirements on each point.

b) The drawing shall specify all the compressed air connection points on the machine and the air consumption on each point.

c) If the vacuum or blower lines need to be connected between the machine and the pumps supplied by the contractor, the locations of the connection points of vacuum/blower lines on the machine shall be clearly specified on the drawings.

d) The dimensions of the machine and the recommended space around the machine for proper operation of the machine shall be specified on the drawings.

7.

Specialized Equipment

Any specialized electronic equipment necessary for the initial setup and the diagnosis of control/electronic functions and problems shall be furnished to the Government by the contractor for future adjustment by in-house technicians. One example would be a pocket programmer for changing or correcting the program of a programmable controller. On screen diagnostic messages, if any, shall be in English. Any specialized equipment necessary under this clause shall be included in the lump sum price.

SECTION D - PACKAGING AND MARKING

D.1 This equipment and supplies shall be packaged and packed in accordance with the best commercial practice to ensure proper delivery.

D.2 The uncrated machine components shall not exceed the following dimensions:

Height = 7'-6"

Width = 7'-6"

Length = 11’-0”

Weight = 15,000 lbs.

D.3 A11 shipments must be identified with a Government Printing Office contract number.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 TRANSPORTATION

1) A11 shipments to the Government's site shall be made at contractor expense. If equipment is rented, a11 transportation costs to return the equipment to the contractor's facility are the responsibility of the contractor. If leased equipment is relocated at the Government's request, the Government shall reimburse the contractor for additional shipping costs, if any, incurred in the movement of the equipment. The contractor shall make all arrangements for transportation.

2) If the successful bidder is outside of the USA, the contractor shall pay all export/import duties.

E.2

DELIVERY

1) The contractor shall deliver this equipment F.O.B. destination no later than three months after award of contract to:

U.S. Government Printing Office

Central Receiving Unit

44 H Street NW

Washington, DC 20401

Attn: Loading Dock Room C-170

2) The plate processor may be delivered concurrent with the plate maker. However, delivery is required no later than one week after the start of installation of the plate maker. The plate processor shall be delivered to the address listed above and its manufacturer and model shall be noted on the original bid.

3) The machine components shall be moved from GPO's loading dock to the second floor installation site by GPO personnel.

E.3

LEASE PERIOD

When “the Lease to Buy” option is chosen for this contract, the lease period for the CTP System will begin with the first day of the warranty period. If system installation takes more than two months, the Government will start paying rent on the CTP System two months after the CTP System is delivered.

E.4 INSTALLATION

1) The contractor shall supply the services of an English speaking technician-erector to direct, supervise, and assist in setting up the equipment during the entire installation period.

2) The technician/instructor shall report for duty at the site within five (5) working days after receiving a call authorizing the start of the installation from the Contracting Officer’s Technical Representative.

3) Federal holidays. No work shall be performed on Federal holidays without prior approval of the GPO.

4) The contractor shall be responsible for the complete assembly of the various pieces of equipment at GPO. This assembly will include the leveling, connecting and adjusting of this machine. GPO personnel will assist the contractor in this endeavor but will be directed by the contractor.

E.5

TESTING OF CTP

The contractor shall test new CTP system and demonstrate the compatibility of new CTP System with the existing system.

After installation has been completed, the contractor will be required to conduct a test consisting of the three phases described below. These tests will be conducted using GPO personnel under the supervision of the contractor.

1) PHASE 1. The contractor will be required to demonstrate that the CTP system can produce a quality plate. A quality plate is described as, but not limited to, a plate that is free from defects, can produce a 2-98% dot with 1% increments, has a repeatable accuracy of +/-0.8 mil, a registration accuracy of +/-0.6 mil, shows no directional bias or banding, and meets the resolution requirements. Targets such as the GATF Digital test target or an equivalent target, approved by the Government will be required for testing the system.

2) PHASE 2. After successful completion of phase 1 the contractor will be required to demonstrate that the device can make an image from the government supplied files and that the plate will produce an acceptable product suitable for at least 35,000 impressions on press with no signs of defects or wear attributable to the plate. Control targets such as the GATF print test form or an equivalent target approved by the Government will be required. Characteristics such as image quality, ink transfer, water balance, dot gain, slur, and doubling will be monitored.

3) The final phase will mirror a typical day with a 3 hour window in which the duration of the test period shall be three continuous hours without any interruptions. GPO will supply the files and will require the system to utilize a11 three of the plate sizes described in Section C.2. item 2. GPO will make the selection of plates required to meet the criteria as described in phase 2.

4) After testing, a "Punch List" of defects or problems shall be developed by GPO and presented to the contractor for correction.

E.6

WARRANTY PARTS

The contractor shall be responsible for handling any and a11 returned warranty parts that need replacement during the installation and testing period.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 A reasonable time shall be allowed for correction of the punch list items, and those items shall then be retested and confirmed as having been approved and accepted. In the event of continued failures during any test or retest, the Government may give notice to the vendor requiring the vendor to make a11 preparations necessary for one final demonstration proving that the equipment is capable of performance as specified; such demonstration to be scheduled within 2 days of the notice. Failure during this final demonstration may be cause for the Government to declare the vendor in default.

F.2 In the absence of any punch list, the performance test shall automatically be considered as satisfactory and the COTR (Contracting Officer's Technical Representative) shall then establish the start of the 30day acceptance period.

F.3 After the initial tests have been completed, a 30-day acceptance period shall begin. Any time the machine is not available for GPO's use during this time will not be counted as part of the 30-day acceptance period.

F.4 After successful completion of the 30-day acceptance period, a one year warranty period shall begin. In case the machine does not function properly, the contractor shall provide all labor and parts necessary during the warranty period without charge to the GPO.

F.5 A11 material for the initial performance test (and for the first retest, if any) shall be furnished by the Government at its own expense. Vendor shall be solely responsible for a11 test materials beyond the first retest. The Government shall not schedule "live" work until start of the 30-day acceptance period.

F.6 Vendor shall be completely responsible for a11 equipment and machinery from its inception through satisfactory completion of the performance test. Government personnel (engineers, technicians, mechanics and operators) shall be fully instructed in proper use, operation and maintenance of the system, but shall not operate any of it prior to the acceptance period except under supervision of the vendor's agent.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination with the GPO points of contact during performance of the contract.

G.2 CONTRACTING OFFICER (CO)

Larry Ferezan

U.S. Government Printing Office Acquisition Services Room: 332A Stop: AS Washington, DC 20401 lferezan@gpo.gov

(202) 512-0937 G.2.1 Contracting Officer's Authority The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officers. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made at the contractor’s risk,. No adjustment will be made in the contract terms and conditions of this contract, including price.

G.3 CONTRACT SPECIALIST

Sheila Williams

U.S. Government Printing Office Acquisition Services

Room: 332A Stop: AS Washington, DC 20401 swilliams@gpo.gov

(202) 512-0937

G.4 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

G.4.1 After award, the GPO will designate one or more persons as the Contracting Officer's Technical Representative (COTR). The COTR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

G.4.2 The responsibilities and limitations of the COTR are as follows:

G.4.3 The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this contract.

G.4.4 The COTR is not authorized to make any commitments or otherwise obligate the GPO or authorize any changes, which affect the quanitity, quality, scope or Contract price. All request for changes shall be referred to the Contracting Officer directly or through the COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk. The COTR may designate an alternate COTR(s) to act for the COTR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

G.4.5 The following COTR will represent the GPO for the purpose of this contract:

[To be specified prior to after award]

G.5 INVOICE SUBMISSION

(202) 512-0937

(202) 512-0937

Contracting Officer’s Technical Representative (COTR)

To be determined after award

Comptroller North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401 (202)512-0874 invoiceGPO@gpo.gov

G.6 PAYMENT METHOD

G.6.1 Payments under this contract will be made by the GPO by electronic funds transfer (EFT). For more information please contact Virgie Simpson (2020 512-0864 .

G.6.2 NOTICE

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: Materials Management Acquisition Regulation (MMAR)

NUMBER

TITLE

Effective January 1, 1999 payments on all GPO purchase orders will only be made by electronic fund transfer (EFT) unless you are granted a waiver. A waiver can only be granted if you certify below in writing that you do not have an account with a financial institution or an authorized payment agent and return the certification to the Contracting Officer.

If EFT has already been established, provide the following information:

Contractor's financial institution name: _______________________________________________________________

Address: _________________________________________________________________________________________

Contact person: _____________________________ Phone Number: ________________________________________

Bank Routing transit number: _______________________________________________________________________

Taxpayer Identification number: _____________________________________________________________________

If you do not currently have a bonafide account with a financial institution, you are requested to make arrangements for such an account as in the near future, all payments from the Federal Government shall be made only by EFT.

SECTION -H - SPECIAL CONTRACT REQUIREMENTS

1.

Minimum Bid Acceptance Period a.

"Acceptance period" as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.

b.

This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

c.

The Government requires a minimum acceptance period of 60 calendar days.

d.

In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement.

A bid allows the following acceptance period:

................. calendar days.

e.

A bid allowing less than the Government's minimum acceptance period will be rejected.

f.

The bidder agrees to execute all that is has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph c. above or (2) any longer acceptance period stated in paragraph d. above.

2. PRE-AWARD SURVEY

So that the Government may be assured each bidder can satisfy the requirements of this Schedule, it reserves the right (1) to conduct a pre-award survey on any or all bidders, and (2) to consider the results of such survey in any determination to award.

a.

A pre-award shall establish the Contractor's competence in technical, managerial, financial and similar areas related to the bidder's ability to perform.

b.

The Contractor is expected to cooperate in the pre-award and to provide all such reasonable information as maybe necessary to its purposes.

c. Only those bids from proven or obviously capable suppliers are solicited.

3. PROGESS PAYMENT:

1) Progress payments shall be authorized by the Contracting Officer in accordance with the following schedule. Percents listed are a percentage of the total amount listed in Section B., item B1.

a) 33 percent shall be authorized upon delivery to the GPO site.

b) 33 percent shall be authorized upon completion of installation of the computer-to-plate system:

c) 34 percent shall be authorized upon successful completion of the 30-day acceptance period for the system.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1a

PLATE SUPPLIERS

The contractor shall provide the name of a recommended plate manufacturer that can supply the plate suitable for use with the CTP System. The name and type of plate shall also be provided, on the line below:

_________________________________________________________________________________ Manufacturer type of plate

H.1b

PLATE PROCESSOR

The contractor shall provide the name of the provided plate processor that will be used with the CTP System. The name and model of processor shall also be provided, on the line below:

Manufacturer model H.2

INSURANCE

1) The contractor shall carry and maintain during the entire period of performance under this contract adequate insurance as follows:

a) Workman's Compensation and Employee's Liability Insurance: minimum $100,000 per incident.

b) Comprehensive General Liability: minimum of $500,000 for bodily injury per occurrence.

2) Prior to commencement of work hereunder, evidence of insurance shall be furnished in a form satisfactory to the Contracting Officer. In addition, the contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration, or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before such change, expiration or cancellation is effective.

3) The general liability policy shall name "the United States of America, acting by and through the GPO," as an additional insured with respect to operations performed under this contract.

H.3

WARRANTY--EQUIPMENT & SOFTWARE

1) Notwithstanding inspection and acceptance by the Government of the equipment furnished under this contract, or any provisions of this contract concerning the conclusiveness thereof, the contractor warrants that for a period of one year after the date of acceptance, a11 equipment and supplies furnished under this contract will be free from defects in workmanship, material or design and will conform to the specifications and a11 other requirements of the contract, and that upon written notice from the contracting officer issued within the warranty period, he shall promptly furnish a11 labor and material to replace or correct the defective articles, a11 without cost to the Government. A11 transportation charges and responsibility for articles while in transit shall be borne by the contractor.

2) If the contractor fails or refuses to correct or replace the nonconforming or deficient equipment or supplies within a period of 2 days, or such longer period as the contracting officer may authorize in writing, after receipt of notice specifying the defect, the contracting officer may, by contract or otherwise, correct or replace them with similar supplies and charge the contractor.

3) Notwithstanding the provisions of paragraph 2 above, the Government at the contractor's expense, and without prior notice to the contractor, may make such repairs to the supplies furnished under this contract as it deems necessary to continue manufacturing operations, provided that the contractor shall not be liable to reimburse the Government for any labor costs in excess of 24 man-hours for each such emergency repair made. Labor and material charges shall not exceed rates which are current at the Government Printing office at the time the repairs are made. The contractor may, at his option, replace the material used in such repairs, in kind, in lieu of payment for material.

4) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

5) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Dispute" clause of this contract.

6) Any software upgrades that become available during the warranty period will be supplied by the contractor at no additional charge to the Government.

H.4

PATENT INDEMNITY

The contractor shall indemnify and hold harmless the Government and its officers, agents and employees against liability, including costs for infringement of any United States letters, patent or copyright arising out of the manufacture or delivery of supplies under this contract, or out of use or disposal by or for the account of the Government of such supplies. The foregoing indemnity shall not apply unless the contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement, and shall have been given such opportunity as if afforded by applicable laws, rules or regulations to participate in the defense thereof.

SECTION - I - CONTRACT CLAUSES

REGULATIONS GOVERNING PROCUREMENT

The U.S. Government Printing Office (GPO) is a legislative branch of the United States Government. Accordingly, the Materials Management Acquisitions (MMAR) is applicable of this, and all GPO procurements.

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference in accordance with the MMAR clause at "52.252-2 CLAUSE INCORPORATED BY REFERENCE (FEB 1998) Section I of this contract.

MMAR changes apply to solicitation issued on or after the effective date of the change.

Also, the full text of a clause may be accessed electronically at this address www.gpo.gov

GENERAL

52-245-2

Government Property (Fixed-Price Contracts)

52-245-3

Identification of Government-Furnished Property

BUY AMERICAN

STANDARDS OF CONDUCT

SECTION - I - CONTRACT CLAUSES (Continued)

LABOR STANDARDS

ADMINISTRATVIE

PAYMENTS

SECTION - I - CONTRACT CLAUSES (Continued)

DISPUTES (VARIATION)

Disputes (July 2002)

(a) This contract is subject to the Contract Disputes Act of 1978, as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub.L.No. 110-161,_Stat._(2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals within ninety days of receipt of a contracting officer’s decision, to the Government Accountablility Office Contract Appeals Board, 441 G Street N.W., Room 7182, Washington, D.C. 20548; Facsimile: (202) 512-9749; E-Mail: CAB@gao.gov. or files a suit as provided in the Act.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

SERVICE OF PROTEST (VARIATION)

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO) shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Chief Acquisition Officer, U.S. GPO, (AS), Washington, DC 20401.

(b) The copy of any protest shall be received in the office designated above within one day of filing protest with GAO.

PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work; or

(2) Terminate the work covered by the order as provided in the Default or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's right to terminate this contract at anytime is not affected by action taken under this clause.

SECTION - J - LIST OF ATTACHMENTS

N/A

SECTION - K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

1.

SMALL BUSINESS CONCERN REPRESENTATION

2.

TAXPAYER INFORMATION

3.

WALSH-HEALY PUBLIC CONTRACTS ACT REPRESENTATION

4.

PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

5.

AFFIRMATIVE ACTION COMPLIANCE

6.

CERTIFICATION OF NONSEGREGATED FACILITIES

7.

WOMEN-OWNED SMALL BUSINESS REPRESENTATION

8.

SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION

9.

TYPE OF BUSINESS ORGANIZATION

10.

CONTRACTOR ESTABLISHMENT CODE

11.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER

RESPONSIBILITY MATTERS

12. CERTICATE OF INDEPENDENT PRICE DETERMINATION

13. CONTINGENT FEE REPRESENTATION AND AGREEMENT

Representation and Certifications

Reference

Name and Address of Offeror

Date of Offer

"SOLICITATION" MEANS "INVITATION FOR BIDS" IN SEALED BIDDING AND "REQUEST FOR PROPOSAL" OR "REQUEST FOR QUOTATION" IN NEGOTIATION.

"OFFER" MEANS "BID" IN SEALED BIDDING AND "PROPOSAL" IN NEGOTIATION.

"OFFEROR" MEANS THE PERSON OR FIRM SUBMITTING THE OFFER.

THE OFFEROR MAKES THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS AS A PART OF THE OFFER IDENTIFIED ABOVE. (CHECK APPROPRIATE CIRCLE AND FILL IN BLANKS.)

1. 552.219-1 SMALL BUSINESS CONCERN REPRESENTATION (MAY 1991) (DEVIATION FAR 52.219-1)

(a) Representation. The offeror represents and certifies as part of its offer that it is or is not a small business concern.

(b) Definition. Small business concern, as used in this provision, 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 and size standards in this solicitation.

(c) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or, any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies including suspension and debarment; and (3) be ineligible for participation in programs conducted under the authority of the Act.

2. 52.204-3 TAXPAYER IDENTIFICATION (SEPT 1989)

(a) Definitions.

"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

(b) The offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract.

(c) 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 U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

( ) Offeror is an agency or instrumentality of a foreign government.

( ) Offeror is an agency or instrumentality of a Federal, state, or local government;

( ) Other. State basis. ____________________________________________________________________________________________.

(d) Corporate Status.

( ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

( ) Other corporate entity;

( ) Not a corporate entity;

( ) Sole proprietorship;

( ) Partnership;

( ) Hospital or extended care facility described in 26 CFR 501(c) (3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

( ) Name and TIN of common parent:

NAME _________________________________________________________________________________________________________.

TIN ____________________________________________________________________________________________________________.

ITEMS 3, 4, 5, AND 6 NEED TO BE CHECKED ONLY IF OFFER EXCEEDS $10,000 IN AMOUNT.

3. 52.222-19 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION (APR 1984)

(Applicable to supply contracts unless exempted by the Secretary of Labor.)

The offeror represents as a part of this offer that the offeror is or is not a regular dealer in, or is or is not a manufacturer of, the supplies offered.

4. 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)

The offeror represents that --

(a) It has, has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;

(b) It has, has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

5. 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

(Applicable to contracts which include the clause at FAR 52.222-26, Equal Opportunity, except for construction contracts.)

The offeror represents that --

(a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

6. 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)

(a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or…