95764 Solicitation Details.pdf

UNITED STATES POSTAL SERVICE

CONTRACT DELIVERY SERVICE (CDS)

Terms and Conditions

Date of Issue: October 1, 2023

Table of Contents

UNITED STATES POSTAL SERVICE CONTRACT DELIVERY SERVICE (CDS)

PART 1 – STATEMENT OF WORK AND SPECIFICATIONS

PART 2 – INSTRUCTIONS TO OFFERORS AND PROVISIONS

Instructions to Offerors Provision All proposal submissions must be submitted electronically by the time and date indicated on Form 7435. 5

Section 1- Supplier Eligibility

Section 2 - Past Performance

Section 3 - Supplier Capability

Section 4 - Operations Plan

Section 5 - Representations and Certifications

Section 6 - Subcontracting Plan (If applicable)

Section 7- PS Form 7405

Section 8 - Completed Highway Transportation Contract – Cost Worksheet Provision 1-4: Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (March 2006) Provision 1-5: Proposed Use of Former Postal Service Employees (March 2006) Provision 1-6: Supplier Clearance Requirements (Surface Transportation) (June 2020) Provision 3-1: Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (February 2018) Provision 4-11: Standard Solicitation Provisions (Surface Transportation) (June 2020) Provision 4-12: Evaluation (Surface Transportation) (June 2020) Evaluation Factors Past Performance Supplier Capability Operations Plan Price Proposal Evaluation Best Value Decision Provision 4-3: Representations and Certifications (October 2019) Provision 9-5: Compliance with Veterans’ Employment Reporting Requirements (June 2020)

PART 3 – CLAUSES

Clause B-1: Definitions (March 2006) Clause B-9: Claims and Disputes (March 2006) Clause B-15: Notice of Delay (March 2006) Clause B-16: Suspensions and Delays (March 2006) Clause B-19: Excusable Delays (March 2006) Clause B-22: Interest (March 2006) Clause B-26: Protection of Postal Service Buildings, Equipment, and Vegetation (March 2006)

Clause B-30: Permits and Responsibilities (March 2006) Clause B-39: Indemnification (March 2006) Clause B-64: Accountability of the Supplier (Highway) (March 2006) Clause B-65: Adjustments to Compensation (Surface Transportation) (June 2020) Clause B-67: Changes (Transportation) (June 2020) Clause B-68: Changes in Corporate Ownership or Officers (March 2006) Clause B-69: Events of Default (Surface Transportation) (Modified - October 2022) Clause B-74: Payment (Surface Transportation) (Modified - October 2022) Clause B-77: Protection of the Mail (March 2006) Clause B-78: Renewal (Surface Transportation) (October 2019) Clause B-79: Forfeiture of Compensation (March 2006) Clause B-81: Information or Access by Third Parties (May 2006) Clause B-82: Access by Officials (March 2006) Clause B-84: Contract Type (Surface Transportation) (June 2020) Clause B-85: Administrative Official (Surface Transportation) (June 2020) Clause B-86: Electronic Communication and Interactivity (Surface Transportation) (June 2020) Clause B-87: Price Adjustment — Fuel (Surface Transportation) (June 2020) Clause B-88: Safety Rating (Federal Motor Carrier Safety Administration) (Surface Transportation) (June 2020) Clause B-89: Subcontracting (Surface Transportation) (June 2020) Clause B-90: Use of Postal Facilities (Surface Transportation) (June 2020) Clause 1-1: Privacy Protection (October 2014) Clause 1-7: Organizational Conflicts of Interest (March 2006) Clause 1-11: Prohibition Against Contracting with Former Officers or PCES Executives (March 2006) Clause 1-12: Use of Former Postal Service Employees (March 2006) Clause 2-19: Option to Extend (Short Term) (October 2019) Clause 3-1: Small, Minority, and Woman-Owned Business Subcontracting Requirements (February 2018) Clause 3-2: Participation of Small, Minority, and Woman-Owned Businesses (February 2018) Clause 4-2: Contract Terms and Conditions Required to Implement Policies, Statutes or Executive Orders (June 2020) (MODIFIED) Clause 4-20: General Terms and Conditions (Surface Transportation) (Modified – October 2022) Clause 7-16: Insurance (Surface Transportation) (June 2020) Clause 7-17: Sustainability (Surface Transportation) (June 2020) Clause 9-12: Fair Labor Standards Act and Service Contract Act Price Adjustment (February 2010)

PART 1 – STATEMENT OF WORK AND SPECIFICATIONS

See document - Statement of Work and Specifications

PART 2 – INSTRUCTIONS TO OFFERORS AND PROVISIONS

Instructions to Offerors Provision:

In order for the Postal Service to evaluate proposals in accordance with the criteria stated in Provision 4- 12, Evaluation (Surface Transportation), the following information must be provided. In general, the offeror should be concerned with providing specific facts in lieu of broad generalizations and flowery descriptions.

All proposal submissions must be submitted electronically by the time and date indicated on Form 7435.

Failure to submit the required information as outlined below may result in a proposal being deemed unacceptable. Unacceptable proposals may not be considered for evaluation or award.

Section Criteria 1 Supplier Eligibility 2 Past Performance 3 Supplier Capability 4 Operations Plan 5 Representations and Certifications (Provision 4-3) 6 Subcontracting Plan (If Applicable) 7 Completed and Signed PS Form 7405 8 Completed Highway Transportation Contract - Cost Worksheet

Section 1- Supplier Eligibility The offeror must provide the information needed for the evaluation team to determine that the offeror is eligible to perform all the services required for the full term of the resultant contract.

Information submitted must allow the evaluators to determine the offeror’s eligibility relating to the factors set forth in “Supplier Eligibility” in Provision 4-12, Evaluation (Surface Transportation).

Section 2 - Past Performance The offeror must provide sufficient information for the evaluation team to determine its performance level on contracts and other business arrangements of similar size and scope.

Information submitted should allow the evaluators to determine the offeror’s past performance relating to the factors set forth in “Past Performance,” in Provision 4-12, Evaluation (Surface Transportation).

Section 3 - Supplier Capability The offeror must provide sufficient information for the evaluation team to determine if the offeror is able to perform all the services required for the full term of the resultant contract. Information submitted must allow the evaluators to determine the offeror’s capability relating to the factors set forth in “Supplier Capability” in Provision 4-12, Evaluation (Surface Transportation). This solicitation should be addressed as though this is the first time an offeror is doing business with the Postal Service.

Section 4 - Operations Plan Offerors must provide an Operations Plan for dealing with normal daily operations, as well as unscheduled and unexpected events. The offeror must provide sufficient information for the evaluation team to determine the offeror’s ability to implement and execute the proposed Operations Plan, as it responds to the factors set forth below in in Provision 4-12, Evaluation (Surface Transportation), and “Operations Plan.”

Section 5 - Representations and Certifications The Representations and Certifications pursuant to Provision 4-3 must be executed and returned with the proposal.

Section 6 - Subcontracting Plan (If applicable) A subcontracting plan is required if the proposal for the term of the contract is equal to or exceeds $1,000,000 or if the supplier plans to use subcontractors to operate a part or all of the transportation service. For example, if a supplier proposes an annual rate of $250,000 and the period of performance is four (4) years than a Subcontracting Plan would be required ($250,000 x

4) = $1,000,000. If required, the offeror is required to develop and submit a detailed subcontracting plan that meets the requirements of Clause 3-1 with its proposal. Lack of an approved plan may make the offeror ineligible for award.

A subcontract is defined as any agreement (other than one involving an employer-employee relationship) entered into between a Postal Service supplier and subcontractor calling for supplies or services required for performance of the contract or subcontract (reference Clause 3-1).

Section 7- PS Form 7405

The offeror must provide a completed and signed PS Form 7405.

The following instructions should be closely followed in completing this form:

Item 1. Fill in the solicitation number, date of the solicitation, and the terminal points of the route exactly as they appear on the solicitation.

Item 2. In the first space, write out the exact amount of the offered price as calculated on the Price Worksheet Attachment. In the second space, insert the numerical amount. Make certain that the amounts set forth in both spaces are exactly the same.

Item 3. In blocks a, b, and c, enter the complete name, address and phone number of the offeror.

Enter the offeror’s DOT number in block d. Enter the Employer Identification Number (Social Security Number if the offeror is an individual) in block e. Complete blocks f and g only if proposals are being submitted for box delivery routes.

Complete the remainder of the form, including the appropriate certificate, and other items on the reverse, and sign the form as offeror.

Section 8 - Completed Highway Transportation Contract – Cost Worksheet

The offeror must include a Highway Transportation Contract – Cost Worksheet that reflects the proposed price from box 2 (Rate of Compensation) on the PS Form 7405. The Cost Worksheet becomes the basis for comparison of representative cost elements for future contract modifications.

The estimated per trip miles shown on the schedule or special notes are given only as information.

Prior to submitting a proposal for a route, the offeror should determine the actual miles that must be covered. The contract price will neither be increased nor decreased if the actual distance is greater or less than advertised. Suppliers are expected to state all mileage necessary to accomplish the service to include any portal, fueling or other mileage necessary including any miles in excess of the stated schedule mileage.

The hours shown on the schedule are the Postal Service’s estimates of the minimum hours necessary to operate the required trips and are believed to be substantially correct; they do not include wash-up time, vehicle inspections, etc. However, Suppliers are expected to state all hours necessary to accomplish the service in their cost proposal to include wash-up, vehicle inspection, and portal time even if it is in excess of the estimated schedule hours.

Provision 1-4: Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (March 2006)

The offeror represents that former Postal Service officers or Postal Career Executive Service (PCES) executives will not be employed as key personnel, experts or consultants in the performance of the contract if such individuals, within 1 year of their retirement from the Postal Service, will be performing substantially the same duties as they performed during their career with the Postal Service. In addition, no contract resulting from this solicitation may be awarded to such individuals or entities in which they have a substantial interest, for 1 year after their retirement from the Postal Service, if the work called for in the solicitation requires such individuals to perform substantially the same duties as they performed during their career with the Postal Service.

Provision 1-5: Proposed Use of Former Postal Service Employees (March 2006)

In its proposal, the supplier must identify any former Postal Service employee it proposes to engage, directly or indirectly, in the performance of the contract. The Postal Service reserves the right to require the supplier to replace the proposed individual with an equally qualified individual.

Provision 1-6: Supplier Clearance Requirements (Surface Transportation) (June 2020)

The contract resulting from this solicitation will require the contractor or its employees (including subcontractors and their employees) to have access to occupied postal facilities, and/or to postal information and resources, including postal computer systems. Clearance will be required before that access will be permitted in accordance with MI PO-530-2009-4, Screening Highway Transportation Contractor Personnel, or any superseding management instruction. It is the supplier’s obligation to obtain and supply to the Postal Service the forms and information required by that regulation.

Offerors must familiarize themselves with the requirements of that regulation, taking into account in their offers the time and costs associated with the screening.

Provision 3-1: Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (February 2018)

When the contract value is estimated at $1 million or more, all offerors, except small businesses, must submit with their proposals the contract-specific subcontracting plan required by Clause 3-1: Small-, Minority-, and Woman-Owned Business Subcontracting Requirements. Generally, this plan must be agreed to by both the offeror and the Postal Service before award of the contract. Lack of submittal of a contract-specific subcontracting plan may make the offeror’s proposal unacceptable for award.

All offerors, must be capable of reporting as required by Clause 3-2: Participation of Small-, Minority-, and Woman-Owned Businesses. Reporting is required when the contract value is estimated at $500,000 or more.

Provision 4-11: Standard Solicitation Provisions (Surface Transportation) (June 2020)

a. Submission of Offers. The Postal Service will provide a Postal Service (PS) Form 7405, Transportation Service Proposal and Contract, to offerors for signature and inclusion with the proposal package. The proposal(s) submitted by the offeror will require, at a minimum:

(1) Solicitation number;

(2) The name, address and telephone number of the offeror;

(3) Price and any discount terms;

(4) “Remit to” address, if different than mailing address;

(5) A completed copy of the representations and certifications (Provision 4-3);

(6) Acknowledgment of Solicitation Amendments;

(7) PS Form 7405, Transportation Services Proposal and Contract.

b. Business Disagreements. Business disagreements may be lodged with the Supplier Disagreement Resolution (SDR) Official if the offeror and the contracting officer have failed to resolve the disagreement as described in 39 CFR Section 601. The SDR Official will consider the disagreement only if it is lodged in accordance with the time limits and procedures described in 39 CFR Section 601. The SDR Official’s decisions are available for review at www.usps.com.

c. Late Proposals. Proposals or modifications of offers received at the address specified for the receipt of proposals after the exact time specified for receipt of offers will not be considered unless determined to be in the best interests of the Postal Service.

d. Type of Contract. The Postal Service plans to award a Fixed Price contract with Economic Price Adjustment. Adjustments will be made in accordance with the contract and Postal Service Management Instruction PM-4.4.1-2005-1 which can be found at http://about.usps.com/management-instructions/p441051.pdf. Any reference to the Purchasing Manual within the Management Instruction is hereby replaced with the Supplying Principles and Practices. All proposals must be submitted on this basis. Alternate proposals based on other contract types will not be considered.

e. Contract Award. The Postal Service may 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. Discussions may be conducted if the Postal Service determines they are necessary. The Postal Service may reject any or all offers if such action is in the best interest of the Postal Service; accept other than the lowest offer and waive informalities and minor irregularities in offers received.

f. Multiple Awards. The Postal Service intends to award one or more contracts under this solicitation.

g. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it, and its date. The text of incorporated terms may be found in Section 9, Provisions or Section 10, Clauses of the Supplying Principles and Practices, at hhttps://about.usps.com/manuals/pm/welcome.htm.

Provision 4-12: Evaluation (Surface Transportation) (June 2020)

a. General. The Postal Service will award a contract resulting from this solicitation to the offeror whose offer conforming to the solicitation is deemed to offer the Postal Service the best value, price and other factors as specified considered. Each offeror will be required to submit a two-volume proposal. The Technical Evaluation will be based on the first volume, whereas the Price Evaluation will be based on data provided on PS Form 7405. Supplier Eligibility will be graded on a pass/fail basis. Offerors who do not “pass” the Supplier Eligibility criteria will be deemed “not eligible” and will not be further evaluated for award. This subparagraph is continued in the Supplemental Evaluation Provision below.

b. Notice of Award. A written notice of award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the proposal will result in a binding contract without further action by either party. Before the proposal’s specified expiration time, the Postal Service may accept a proposal (or part of a proposal), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Supplemental Evaluation Provision (CDS Office) (April 2023)

Evaluation Factors

Supplier Eligibility (Pass / Fail):

The offerors’ ability to meet all the required criteria that are necessary to perform operations, to include the following:

a. Persons ineligible to become suppliers.

1. Employees of the U.S. Postal Service. Members of a Postal Service employee’s family or household may be eligible, subject to an internal ethics review.

2. Business organizations substantially owned or controlled by Postal Service employees. However, business organizations substantially owned or controlled by a member of a Postal Service employee’s family or household may be eligible, subject to an internal ethics review.

3. Suppliers suspended, debarred, ineligible, or proposed for suspension, debarment, or ineligibility are also excluded from conducting business with the Postal Service as agents, subcontractors, or representatives of other suppliers.

b. Persons eligible to become suppliers. Subject to the foregoing exceptions, the following are eligible to hold mail transportation contracts:

1. An individual (if at least 18 years of age). You must have 2 years’ driving experience to be allowed to drive under a Postal Service contract.

2. A partnership, if any partner meets the foregoing age qualification of an individual.

3. A corporation.

Note: The following evaluation criteria (Past Performance, Supplier Capability, and Operations Plan) are of equal importance.

Past Performance

Using the information provided in the offeror’s proposal and other information available to the Postal Service, the Postal Service will evaluate the following, which are not subfactors but will be considered in reaching an overall rating for this evaluation factor:

a. Quality & Timeliness: Listing of current or recent Postal contracts, as well as any non-postal employment or contracts that are comparable to Contract Delivery Service. For each contract listed, the offeror should provide a record of adherence to contract requirements, and in the case of non-postal employment or contracts, an additional record of on-time performance.

b. Business Relations: Established productive business relations (a history of being reasonable and cooperative with customers; commitment to customer satisfaction; integrity, and ethics).

Supplier Capability

The extent to which the offeror has the resources (e.g., financial, technical, equipment, etc.) adequate to perform the work will be evaluated. The offeror should address the following in the supplier capability section of the proposal. These are not subfactors but will be considered in coming up with an overall rating for this evaluation factor:

a. The ability to meet the required delivery schedule (e.g., able to begin operations on effective date of start-up of contract performance), considering all existing commitments, including pending awards.

b. The ability to provide the necessary equipment.

c. Acceptable financial condition that will allow the Contracting Officer to determine that operations are likely to remain ongoing. Documentation should include a recent credit report. The offeror may also consider submitting additional documentation as applicable to the service. Such documentation might include a current financial statement (income statement, balance sheet, and statement of cash flows) and/or funding documentation from a financial institution.

Operations Plan

The offeror must include a detailed operations plan in its proposal. The Operations Plan, at a minimum, must address the offeror’s plan for all situations listed below. These are not subfactors but will be considered in coming up with an overall rating for this evaluation factor.

a. Ability to conduct normal operations to include all bulleted items below

Operating as a sole proprietor or using hired driver labor Compliance with Department of Labor (DOL) regulations (if applicable) Ability to monitor service performance Ability to secure the mail

b. Ability to handle contingency operations to include Extra trips Schedule changes Equipment breakdowns Inclement weather during operations Supplier or hired driver absence (substitute driver plan)

Price Proposal Evaluation

Box 2 on PS Form 7405 (Rate of Compensation) will be used to analyze each of the offeror’s proposal(s). The offered price must include all elements of cost the offeror expects to incur in performing service. The rates may be carried out to a maximum of four decimal places.

Best Value Decision

Award will be made to the offeror who proposes the best value to the Postal Service.

Technical Factors are more important than price. In determining potential tradeoffs to arrive at the best value selection, the Postal Service will assess the strengths, weaknesses, and deficiencies between or among competing technical proposals from the standpoint of 1) what the difference might mean in terms of anticipated performance; and

2) what the evaluated cost would be for the Postal Service to take advantage of that difference.

Award will not necessarily be made to the offeror who provides the highest-rated technical proposal or to the offeror who offers the lowest price. Price is more important in selecting between or among closely ranked technical proposals. In making any price-technical tradeoff, the Postal Service also does not intend to pay a premium price unless there is a significant technical advantage justifying a higher price.

The Postal Service reserves the right to not award a contract based on this solicitation should it deem that a non-award is in its best interest. Awards will not be made to offerors whose proposals are not competitively priced or to offerors with poor technical proposals.

Provision 4-3: Representations and Certifications (October 2019)

a. Type of Business Organization. The offeror, by checking the applicable blocks, represents that it:

(1) Operates as:

a corporation incorporated under the laws of the state of ;

or country of if incorporated in a country other than the United States of America.

an individual;

a partnership;

a joint venture;

a limited liability company;

a nonprofit organization; or an educational institution; and

(2) Is (check all that apply) a small business concern;

a minority business (indicate minority below):

Black American

Hispanic American Native American Asian American:

a woman-owned business; or none of the above entities.

(a) A small business concern for the purposes of Postal Service purchasing means a business, including an affiliate, that is independently owned and operated, is not dominant in producing or performing the supplies or services being purchased, and has no more than 500 employees, unless a different size standard has been established by the Small Business Administration (see 13 CFR 121, particularly for different size standards for airline, railroad, and construction companies). For subcontracts of $50,000 or less, a subcontractor having no more than 500 employees qualifies as a small business without regard to other factors.

(b) Minority Business. A minority business is a concern that is at least 51 percent owned by, and whose management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged minority group, namely U.S. citizens who are Black Americans, Hispanic Americans, Native Americans, or Asian Americans.

(Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens whose origins are Japanese, Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian, Kampuchean (Cambodian), Taiwanese, in the U.S. Trust Territories of the Pacific Islands or in the Indian subcontinent.)

(c) Woman-owned Business. A woman-owned business is a concern at least 51 percent of which is owned by a woman (or women) who is a U.S. citizen, controls the firm by exercising the power to make policy decisions, and operates the business by being actively involved in day-to- day management.

(d) Educational or Other Nonprofit Organization. Any corporation, foundation, trust, or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which insures to the profits of any private shareholder or individual.

(3) Is (check all that apply) a Postal Service employee or a business organization substantially owned or controlled by such an individual a spouse of a Postal Service employee or a business organization substantially owned or controlled by such an individual another family member of a Postal Service employee or a business organization substantially owned or controlled by such an individual an individual residing in the same household as a Postal Service employee or a business organization substantially owned or controlled by such an individual.

(Note: Offers from any of the sources listed in subparagraph a.3, may not be considered for an award pending review and recommendation by the Postal Service Ethics Office.)

b. Parent Company and Taxpayer Identification Number

(1) A parent company is one that owns or controls the basic business polices of an offeror.

To own means to own more than 50 percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or otherwise.

(2) Enter the offeror's U.S. Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security number or other Employee Identification Number (EIN) used on the offeror 's Quarterly Federal Tax Return, U.S. Treasury Form 941, or as required by Internal Revenue Service (IRS) regulations.

Offeror's TIN:

(3) IRS Form W-9, Request for Taxpayer Identification Number and Certification. You must complete a copy of IRS Form W-9 and attach it to this certification.

(4) Check this block if the offeror is owned or controlled by a parent company:

(5) If the block above is checked, provide the following information about the parent company:

Parent Company's Name:

Parent Company's Main Office:

Address:

No. and Street:

City: State: _____ ZIP Code: Parent Company's TIN:

(6) If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group:

Name of Common Parent:

Common Parent's TIN:

c. Certificate of Independent Price Determination

(1) By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own organization, that in connection with this solicitation:

(a) The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;

(b) Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or indirectly to any other offeror or to any competitor; and

(c) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

(2) Each person signing this proposal certifies that:

(a) He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or

(b) He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to paragraph (a) above.

(3) Modification or deletion of any provision in this certificate may result in the disregarding of the proposal as unacceptable. Any modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any disclosure or communication.

d. Certification of Nonsegregated Facilities

(1) By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of Clause 9-7: Equal Opportunity in this contract.

(2) As used in this certification, segregated facilities means any waiting rooms, work areas, rest rooms or wash rooms, restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

(3) The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that are not exempt from the provisions of Clause 9-7: Equal Opportunity ; that it will retain these certifications in its files; and that it will forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific time periods):

Notice: A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exempt from Clause 9-7: Equal Opportunity .

The certification may be submitted either for each subcontract or for all subcontracts during a period (quarterly, semiannually, or annually).

e. Certification Regarding Debarment, Proposed Debarment, and Other Matters

(This certification must be completed with respect to any offer with a value of $100,000 or more.)

(1) The offeror certifies, to the best of its knowledge and belief, that it or any of its principals:

(a) Are ____ are not ____, presently debarred or proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency;

(b) Have ____ have not ____ , within the 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(c) Are ____ are not ____ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (b) above.

(2) The offeror has ____ has not ____ within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal, state, or local agency.

(3) "Principals," for the purposes of this certification, means officers, directors, owners, partners, and other persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

(4) The offeror must provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(5) A certification that any of the items in e.1 and e.2 of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered as part of the evaluation of the offeror's capability (see Section 2- 26.4.2, Supplier Capability, in the Postal Service's Supplying Principles and Practices). The offeror's failure to furnish a certification or provide additional information requested by the contracting officer will affect the capability evaluation.

(6) Nothing contained in the foregoing may be construed to require establishment of a system of records in order to render, in good faith, the certification required by e.1 and e.2 of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(7) This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18 U.S.C.

(8) The certification in e.1 and e.2 of this provision is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Postal Service, the contracting officer may terminate the contract resulting from this solicitation for default.

f. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, its provision or clause number assigned to it, and its date. The text of incorporated terms may be found at http://about.usps.com/manuals/pm/welcome.htm. If checked, the following provision(s) is incorporated in this solicitation by reference (Contracting officer will check as appropriate):

Provision 9-1: Equal Opportunity Affirmative Action Program Provision 9-2: Preaward Equal Opportunity Compliance Review

Provision 9-3: Notice of Requirements for Equal Opportunity Affirmative Action

Provision 9-5: Compliance with Veterans’ Employment Reporting Requirements (June 2020)

By submission of its proposal, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if the offeror has any contracts with the Postal Service containing Clause 9-16, Employer Reports on Employment of Protected Veterans, or any contracts with Federal agencies containing Federal Acquisition Regulation Clause 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS —4212 Report required by 41 CFR 61-300.10.

PART 3 – CLAUSES

Clause B-1: Definitions (March 2006)

As used in this contract, the following terms have the following meanings:

a. Contracting officer — The person executing this contract on behalf of the Postal Service, and any other officer or employee who is a properly designated contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of a contracting officer acting within the limits of the authority conferred upon that person.

Clause B-9: Claims and Disputes (March 2006)

a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) ("the Act" or

"CDA").

b. Except as provided in the Act, all disputes arising under or relating to this contract must 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 supplier seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (c)(2) below. 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 is not acted upon in a reasonable time.

(1) A claim by the supplier must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the supplier is subject to a written decision by the contracting officer.

(2) For supplier claims exceeding $100,000, the supplier must submit with the claim the following certification: "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 supplier believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the supplier."

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

d. For supplier claims of $100,000 or less, the contracting officer must, if requested in writing by the supplier, render a decision within 60 days of the request. For supplier-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the supplier of the date by which the decision will be made.

e. The contracting officer's decision is final unless the supplier appeals or files a suit as provided in the Act.

f. When a CDA claim is submitted by or against a supplier, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in (c)(2) of this clause must be provided for any claim, regardless of dollar amount, before ADR is used.

g. The Postal Service will pay interest in the amount found due and unpaid from:

(1) The date the contracting officer receives the claim (properly certified, if required); or

(2) The date payment otherwise would be due, if that date is later, until the date of payment.

h. Simple interest on claims will be paid at a rate determined in accordance with Clause B-22: Interest.

i. The supplier must 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.

Clause B-15: Notice of Delay (March 2006)

Immediately upon becoming aware of any difficulties that might delay deliveries under this contract, the supplier will notify the contracting officer in writing of them. The notification must identify the difficulties, the reasons for them, and the estimated period of delay anticipated. Failure to give notice may preclude later consideration of any request for an extension of contract time.

Clause B-16: Suspensions and Delays (March 2006)

a. If the performance of all or any part of the work of this contract is suspended, delayed, or interrupted by:

(1) An order or act of the contracting officer in administering this contract; or

(2) By a failure of the contracting officer to act within the time specified in this contract - or within a reasonable time if not specified - an adjustment will be made for any increase in the cost of performance of this contract caused by the delay or interruption (including the costs incurred during any suspension or interruption). An adjustment will also be made in the delivery or performance dates and any other contractual term or condition affected by the suspension, delay, or interruption. However, no adjustment may be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the supplier, or for which an adjustment is provided or excluded under any other term or condition of this contract.

b. A claim under this clause will not be allowed:

(1) For any costs incurred more than 20 days before the supplier has notified the contracting officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

Clause B-19: Excusable Delays (March 2006)

a. Except with respect to defaults of subcontractors, the supplier will not be in default by reason of any failure in performing this contract in accordance with its terms (including any failure by the supplier to make progress in the prosecution of the work that endangers performance) if the failure arises out of causes beyond the control and without the fault or negligence of the supplier. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the government in its sovereign capacity or of the Postal Service in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the supplier.

If failure to perform is caused by the failure of a subcontractor to perform or make progress and arises out of causes beyond the control of both the supplier and subcontractor, and without the fault or negligence of either of them, the supplier will not be deemed to be in default, unless:

(1) The supplies or services to be furnished by the subcontractor are obtainable from other sources;

(2) The contracting officer orders the supplier in writing to procure the supplies or services from other sources; and

(3) The supplier fails to comply reasonably with the order.

b. Upon request of the supplier, the contracting officer will ascertain the facts and extent of failure, and if the contracting officer determines that any failure to perform was occasioned by any of the said causes, the delivery schedule will be revised accordingly, subject to the rights of the Postal Service under any termination clause included in this contract.

c. As used in this clause, the terms "subcontractor" and "subcontractors" mean subcontractor(s) at any tier.

Clause B-22: Interest (March 2006)

The Postal Service will pay interest on late payments and unearned prompt payment discounts in accordance with the Prompt Payment Act, 31 U.S.C. 3901 et seq., as amended by the Prompt Payment Act Amendments of 1988, P.L. 100-496.

Clause B-26: Protection of Postal Service Buildings, Equipment, and Vegetation (March 2006)

The supplier must use reasonable care to avoid damaging buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the Postal Service installation. If the supplier fails to do so and damages any buildings, equipment, or vegetation, the supplier must replace or repair the damage at no expense to the Postal Service, as directed by the contracting officer. If the supplier fails or refuses to make repair or replacement, the supplier will be liable for the cost of repair or replacement, which may be deducted from the contract price.

Clause B-30: Permits and Responsibilities (March 2006)

The supplier is responsible, without additional expense to the Postal Service, for obtaining any necessary licenses and permits, and for complying with any applicable federal, state, and municipal laws, codes, and regulations in connection with the performance of the contract. The supplier is responsible for all damage to persons or property, including environmental damage that occurs as a result of its omission(s) or negligence. The supplier must take proper safety and health precautions to protect the work, the workers, the public, the environment, and the property of others.

Clause B-39: Indemnification (March 2006)

The supplier must save harmless and indemnify the Postal Service and its officers, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person, persons or property growing out of, occurring, or attributable to any work performed under or related to this contract, resulting in whole or in part from negligent acts or omissions of the supplier, any subcontractor, or any employee, agent, or representative of the supplier or any subcontractor.

Clause B-64: Accountability of the Supplier (Highway) (March 2006)

a. The supplier must supervise its operations and the operations of its subcontractors which provide services under this contract personally or through representatives. The supplier or its supervising representatives must be easily accessible in the event of emergencies or interruptions in service.

b. In all cases, the supplier will be strictly liable to the Postal Service for the Postal Service's actual damages if mail is subject to loss, rifling, damage, wrong delivery, depredation, and other mistreatment while in the custody and control of the supplier or its subcontractors. The supplier will also be accountable and answerable in damages for the faithful performance of all other obligations assumed under this contract, whether or not it has entrusted part or all of its performance to another, except

(1) The supplier is not liable for its failure to perform if the failure arises out of circumstances beyond its control, and without its fault or negligence, and

(2) The supplier is not liable for a failure of its subcontractors to perform if the subcontractor's failure arises out of circumstances beyond the supplier or the subcontractor's control, and without the fault or negligence of either.

c. The supplier must faithfully account for and deliver to the Postal Service all

(1) Mail,

(2) Moneys, and

(3) Other property of any kind belonging to or entrusted to the care of the Postal Service, that come into its possession during the term of this contract.

d. The supplier must, promptly upon discovery, refund (i) any overpayment made by the Postal

Service for service performed, or (ii) any payment for service not rendered.

Clause B-65: Adjustments to Compensation (Surface Transportation) (June 2020)

Contract compensation may be adjusted, from time to time, by mutual agreement of the supplier and the contracting officer.

a. Any such adjustments shall be made in accordance with the provisions of this clause and any U.S.

Postal Service Management Instruction governing adjustments in effect on the date of adjustment.

b. In connection with an adjustment, the contracting officer may examine such records and books of account maintained by the supplier as the contracting officer may deem necessary.

c. Adjustments in compensation pursuant to this clause shall be memorialized by formal amendment to the contract.

d. Should the Postal Service introduce procedures which affect the supplier’s obligations with respect to the costs or taxes, the contract price will be adjusted with respect to those costs, pro rata, without entitlement to other compensation for those adjustments, subject to the resolution of any dispute about the adjustments under the Clause B-9: Claims and Disputes.

Clause B-67: Changes (Transportation) (June 2020)

a. Service Changes:

(1) Minor Service Changes — The contracting officer may, at any time, without consulting the supplier, issue orders directing an extension, curtailment, change in line of travel, revisions of route, or increase or decrease in frequency of service or number of trips and fixing an adjustment in the supplier’s compensation which increases or decreases the supplier’s rate of pay by no more than $5,000 for Transportation…