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SOUCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1, REQUISITION NUMBERPAGE1OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30PR-19-GPO-1234
2, CONTRACT NO,3, AWARD/EFFECTIVE•t ORDER NUMBER5, SOLICITATION NUMBER6. SOLICITATION ISSUE DATEDATE
19123403/06/19
a, NAMEb. TELEPHONE NUMBER (No co/fed:8, OFFER DUE DATE!
7, FOR SOLICITATIONcalls)LOCAL TIME
INFORMATION CALL:3/11/19
Kelly Mitchell-Carroll202-512-2010 ext 311811:00am EST
9,ISSUEDBYCODE10. THIS ACQUISITION IS UUNRESTRICTED OR USET ASIDE:%FOR:0
US Government Printing OfficeSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS --- D(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
Acquisition ServicesDHUBZONE SMALLSMALL BUSINESS PROGRAM NAICS:
732 North Capitol Street, NWBUSINESS0EDWOSB DSERVICE-DISABLEDMaiiStop: AS
VETERAN-OWNEDSIZE STANDARD:
Washington, DC 20401SMALL BUSINESSOa(A)
11, DELIVERY FOR FOB DESTINA- 12, DISCOUNT TERMS13b. RATING TION UNLESS BLOCK IS

MARKED

Net 30 Days 013a, THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700) 14, METHOD OF SOLICITATION

DSEE SCHEDULE[8)RFQDIFB0RFP
15, DELIVER TOCODE16. ADMINISTERED BYCODEI
US Government Printing OfficeUSGPO, Controller,
Central Receiving Unit732 North Capitol St., NW
44 H Street., NW RM C170A, Washington, DC 20401MaiiStop: FMCS, Washington, DC 20401
17a, CONTRACTOR/ CODE II FACILITY18a, PAYMENT WILL BE MADE BYCODEI

OFFEROR CODE

ALL PROSPECTIVE OFFERORS

TELEPHONE NO.

D 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 1Ba UNLESS BLOCK OFFERBELOW IS CHECKED D SEE ADDENDUM
19.20.21,22.23.24.
ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
TEXT, WHITE STERLING PREMIUM DULL 28 X 40 – 1000- 418,000Sheets
-166 - LBS. BASIS: 25 X 38 – 500 – 70 LBS, 9,500 Per Skid.
Grain Long. 900 PER CARTON.

Please submit all proposals to:

Kmitchell-carroll@gpo.gov and acquisitionservicespropsals@gpo.gov (Use Reverse and/or Attach Additional Sheets as Necessary)

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52212-1, 52.212-4. FAR 52 212-3AND 52.212-5 ARE ATTACHED. ADDENDA D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-51S ATTACHED ADDENDA

[8] ARE DARE NOT ATTACHED DARE [8]ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND ---

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER}
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA- FAR (48 CFR) 53,212

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Delivery Date: March 22, 2019

32ao QUANTITY IN COLUMN 21 HAS BEEN DRECEIVED DINSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ------------------------32bo SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32co DATE 32do PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Kelly Mitchell-Carroll

Contract Specialist 32eo MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE USGPO, Acquisition Services 732 North Capitol Street, NW MaiiStop: AS, RM A529, Washington, DC 20401 32t TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

202-512-2010, ext., 31188

Kmitchell-carroll@gpo.gov and acquisitionservicesproposals@gpo.gov

330 SHIP NUMBER

340 VOUCHER NUMBER

350 AMOUNT VERIFIED CORRECT FOR

360 PAYMENT

OcoMPLETE 0PARTIAL 0FINAL

370 CHECK NUMBER

DPARTIAL 0FINAL

380 S/R ACCOUNT NOo

390 S/R VOUCHER NUMBER

400 PAID BY

41ao I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42ao RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41co DATE

42bo RECEIVED AT (Location)

42co DATE REC'D (YYIMMIDD) r2do TOTAL CONTAINERS

STANDARD FORM 1449 (REVo 212012) BACK

SECTION 8: DELIVERY

On behalf of the:

U.S. Government Publishing Office 732 North Capitol Street, NW Washington D.C. 20401

Contractor shall Deliver:

A total of four hundred and eighteen thousand (418,000) sheets of paper on March 22, 2019.

Delivery Address:

US Government Publishing Office GPO Paper 20023 GPO Paper 1st & G Street, NE Washington, D.C. 20401

In the event the contractor encounters difficulty in complying with the contract delivery date, the contractor shall immediately notify the contracting specialist via email kmitchell-carroll@gpo.gov.

All deliveries will be F.O.B. A point of contact will be provided after Contract Award.

PACKAGING AND MARKING

The products shall be packaged and packed in accordance with the best commercial practice so as to insure a proper and safe delivery to destination. The supplier must identify all packages by labeling it with the quantity, and purchase order number. Failure to package and properly label the items may be cause for rejection.

Replacement of Rejected Paper

Rejected stock must be replaced and delivered within three (3) business days after receipt of notice of rejection unless otherwise authorized by the contracting officer. Contractor must identify replacement shipments as such on all shipping documents. Any additional costs incurred by the Government due to delay in making replacement will be charged to the contractor's account.

SECTION C: CONTRACT ADMINISTRATION DATA

INVOICE SUBMISSION

Contracting Officer (CO)
Beverly Williams (202) 512-

0937 ext. 1200 bwilliams@gpo.gov ggpoggpogpo.gov

Contracting Officer Representative (COR)

Invoice Mailing Address:
US Government Publishing Office (GPO) Comptroller

North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401

(202) 512-0864

1-(800)-BILLGPO (1-800-245-5476)

Email Invoices
InvoiceGPO@ gpo.gov

PAYMENT METHOD

Payments under this Purchase Order will be made by the GPO by electronic funds transfer (EFT). For more information please contact InvoiceGPO@ gpo.gov.

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

Materials Management Acquisition Regulation (MMAR)

NUMBER DATE TITLE

Payment by Electronic Funds Transfer Other

52.232.34

May 1999 Than Central Contractor Registration

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.

52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2002)

(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 re performance of nonconforming services at no increase in contract price. 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 Government wide 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. 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 MMAR 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 MMAR 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, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. 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.

U) 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. 327, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause. (7) The Standard Form 1449

(8) Other documents, exhibits, and attachments. (9) The specification.

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES AND EXECUTIVE ORDERS -COMMERCIAL ITEMS (MAY 2002)

a) The Contractor shall comply with the following MMAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-3, Convict Labor (E.O. 11755).

(2) 52.233-3, Protest after Award (31 U.S.C. 3553).

(b) The Contractor shall comply with the MMAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) _ (3) 52.222-26, Equal Opportunity (E.O. 11246).

_ (4) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212) _ (5) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).

_ (6) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212).

_ (7) 52.222-19, Child Labor-Cooperation with Authorities and Remedies.

_ (8)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).

_ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_ (9) 52.225-1, Buy American Act-Supplies (41 U.S.C. lOa- lOd).

_ (IO)(i) 52.225-3, Buy American Act-North American Free Trade Agreement-Israeli Trade Act (41 U.S.C. lOa- lOd, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

_ (ii) Alternate I of 52.225-3.

_(iii) Alternate II of 52.225-3.

_ (11) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ (12) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129).

_ (13) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849).

_ (14) 52.225-16, Sanctioned European Union Country Services (E.O. 12849).

_ (15) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332).

_ (16) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (31 U.S.C. 3332).

_ (17) 52.232-36, Payment by Third Party (31 U.S.C. 3332).

_ (18) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

_ (19)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241).

_ (ii) Alternate I of 52.247-64.

(c) The Contractor shall comply with the MMAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:

_ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

52.233-2 SERVICE OF PROTEST (AUG 1996)

Agency protests filed with the Contracting Officer shall be sent to the following address:

Contracting Officer U.S. Government Publishing Office Acquisition Services 732 North Capitol Street, NW Room A332, Stop: AS Washington, DC 20401 Agency protests filed with the Chief of Acquisition Services shall be sent to the following address: Lorna E. Baptiste-Jones Chief of Acquisition Services U.S. Government Publishing Office Acquisition Services 732 North Capitol Street, NW Room A332, Stop: AS Washington, DC 20401

If a protest is filed with either the Director of Acquisition Services or with the Government Accountability Office (GAO), a complete copy of the protest (including all attachments) shall be served upon the Contracting Officer and the GPO General Counsel within one day of filing with the Managing Director, Customer Services or with the GAO. Service upon the GPO Office of the General Counsel shall be made as follows:

General Counsel Office of the General Counsel U.S. Government Publishing Office 732 North Capitol Street, NW Room C-814, Stop: GC Washington, DC 20401

FAX (202) 512-0076

DISPUTES (GPO Clause June 2008)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613, and as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Public Law No. 110-161).

(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 $50,000 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 $50,000, 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 (90) days of receipt of a Contracting Officer's decision, to the U.S. Government Accountability Office Contract Appeals

Board (GAO CAB), 441 G Street, NW, Room 7182, Washington, DC, 20548; Facsimile: 202-512-9749; E Mail: CAB@gao.gov.

(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, interest shall be paid from the date that the Contracting Officer initially receives the claim. [A "defective certification" means a certificate which alters or otherwise deviates from the language in (d)(2)(iii) above, or which is not executed by a person duly authorized to bind the contractor with respect to the claim. Failure to certify shall not be deemed to be a defective certification.] 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. U) This contract clause, Disputes (GPO Clause June 2008), cancels and supersedes the contract clause, MMAR Dispute 52.2331 (July 2002), and all other references to the contract clause, Disputes. This contract clause also cancels and supersedes any other disputes language currently included in existing contractual actions.

52.217-6 OPTION FOR INCREASED QUANITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 6 months from the initial date of contract award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

SECTION D: CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS- N/A

SECTION E: SOLICITATION PROVISIONS

6.1 52.212-1, Instructions to Offerors-Commercial Items (OCT 2000)

a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the 1449 letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty; (6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at MMAR 52.212-3; (9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(c) Periodfor acceptance ofojJers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during Pre award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modzfications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdraw normally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (l)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(2) The DoD Index of Specifications and Standards (DoDISS) and documents listed in it may be obtained from the-

Department of Defense Single Stock Point (DoDSSP) Building 4, Section D 700 Robbins Avenue Philadelphia, PA 19111-5094 Telephone (215) 697-2667/2179 Facsimile (215) 697-1462.

(i) Automatic distribution may be obtained on a subscription basis.

(ii) Order forms, pricing information, and customer support information may be obtained (A) By telephone at (215) 697-2667/2179; or

(B) Through the DoDSSP Internet site at http://assist.daps.mil.

(3) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

U) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $25,000.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet to obtain one at no charge. An offeror within the United States may call 1-800-333-0505. The offeror may obtain more information regarding the DUNS number, including locations of local Dun and Bradstreet Information Services offices for offerors located outside the United States, from the Internet home page at http://www.customerservice@dnb.com. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

52.212-2 Evaluation-Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

I. FACTOR I- TECHNICAL CAPABILITY:

The vendor must provide documentation which demonstrates its offering meets the requirement as stated in block 20 "Schedule of Supplies/Service of the SF1449.

Pass: Vendor pass if they provide documentation which demonstrates its offering meets the requirement as stated in block 20 "Schedule of Supplies/Service of the SF1449.

Fail: Vendor fail if they do not provide documentation which demonstrates its offering meets the requirement as stated in block 20 "Schedule of Supplies/Service of the SF1449.

II. FACTOR II- PAST PERFORMANCE

Acceptable/Pass: The Offeror must submit their DUNS number and contact information for three references, relevant to this requirement. The Offeror must demonstrate satisfactory past performance during the past three years based on the offeror’s performance record from references and Past Performance Information Retrieval System (PPIRS), the Government has a reasonable expectation that the offeror will successfully perform the required effort. Or the offeror's performance record is unknown.

Unacceptable/Fail: Based on the offeror’s performance record from references and PPIRS, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

III. FACTOR III- PRICE

The Offeror’s price proposal will be evaluated for Fairness and Reasonableness, Compliance/Accuracy, and balance. Offeror’s price will be evaluated to determine if it is fair and reasonable by performing price analysis techniques as stated in MMAR 15.404-1. Prices shall include a break-down of all Overhead, General and Administrative costs and Profit.

52.212-3, Offeror Representations and Certifications-Commercial Items. (July 2002)

(a) DejlnWons. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Service-disabled veteran-owned small business concern"- (1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101 (2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern- (!) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C.6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C.

7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in MMAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

0 TIN: _

0 TIN has been applied for.

0 TIN is not required because:

0 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

0 Offeror is an agency or instrumentality of a foreign government;

0 Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

0 Sole proprietorship;

0 Partnership;

0 Corporate entity (not tax-exempt);

0 Corporate entity (tax-exempt);

0 Government entity (Federal, State, or local);

0 Foreign government;

0 International organization per 26 CFR 1.6049-4;

0 Other _

(5) Common parent.

0 Offeror is not owned or controlled by a common parent;

0 Name and TIN of common parent:

Name_
TIN_

(c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia.

Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern.

(2) Veteran-owned small business concem. [Complete only if the offeror represented itse?t as a small business concem in paragraph (c)( 1) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concem. [Complete only ({the offeror represented itself as a veteran-owned small business concem in paragraph ( c )(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disabled veteran-owned small business

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concem in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13

CFR 124.1002.

(5) Women-owned small business concern. [Complete only (f the offeror represented itself as a small business concern in paragraph (c)( 1) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern.

NOTE: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only (fthe offeror is a women owned business concern and did not represent itself as a small business concern in paragraph (c)(1) o.f this provision.] The offeror represents that it 0 is a women-owned business concern.

(7) Tie bid priority for labor swplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Bpsiness Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the four designated industry groups (DIGs).] The offeror represents as part of its offer that it 0 is, 0 is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or four designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

50 or fewer 51-100 101-250 251-500 501-750 _751-1,000 _Over 1,000

$1 million or less _ $1,000,001-$2 million _ $2,000,001-$3.5 million _ $3,500,001-$5 million _ $5,000,001-$10 million $10,000,001-$17 million Over $17 million

(d) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.

(e) Buy American Act Cert(ficate. (Applies only if the clause at Materials Management Acquisition Regulation (MMAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product as defined in the clause of this solicitation entitled "Buy American

Act-Supplies" and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of MMAR Part 25.

(f)(l) Buy American Act-North American Free Trade Agreement-Israeli Trade Act Certificate. (Applies only if the clause at MMAR 52.225-3, Buy American Act-North American Free Trade Agreement Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(l )(ii) or (g)(l )(iii) of this provision, is a domestic end product as defined in the clause of this solicitation entitled "Buy American Act-North American Free Trade Agreement-Israeli Trade Act" and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

(ii) The offeror certifies that the following supplies are NAFTA country end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-North American Free Trade Agreement-Israeli Trade Act": NAFTA Country or Israeli End Products:

Line Item No. Country of Origin

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-North American Free Trade Agreement-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Governmen-t will evaluate offers in accordance with the policies and procedures of MMAR Part 25.

(2) Buy American Act-North American Free Trade Agreements-Israel; Trade Act Certificate, Alternate I (MAY 2002). If Alternate I to the clause at MMAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l )(ii) for paragraph (g)(I)(ii) of the basic provtswn:

(g)(l )(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-North American Free Trade Agreement-Israeli Trade Act": Canadian End Products:

Line Item No.

[List as necessary}

(3) Buy American Act-North American Free Trade Agreements-Israeli Trade Act Cert(ficate, Alternate II (MAY 2002). If Alternate II to the clause at MMAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l )(ii) for paragraph (g)(l…

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