Attachment 3 - Terms and Conditions - EEO Services.pdf

1 - PART 1 - COVER SHEET AND SCHEDULE

ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

Amendment Number Date Amendment Number Date

REMITTANCE ADDRESS

Remittance Address (if different from Block 16, PS Form 8203)

INVOICE STATEMENT

All invoices MUST reference the Award Number and corresponding line item number listed on this purchase document. Invoices not in compliance may result in delayed payment.

Invoices that do not include the Supplier's Name as stated on the original award document or latest modification will be returned.

All payments for this award and related orders will be transmitted or sent to the Remittance Address on the Award document or latest modification, regardless of any Remittance Address on the invoice.

The Supplier must notify the Contracting Officer of any change to the Supplier name and/or Remittance Address.

PRIVACY ACT STATEMENT

Privacy Act Statement: Your information will be used to determine your qualifications for a USPS

EEO contract investigator. Collection is authorized by 39 U.S.C. 401, 409, 410, 1001, 1005, and 1206. Providing the information is voluntary, but if not provided, we may not be able to process your response to this solicitation. We may disclose your information as follows: in relevant legal proceedings; to law enforcement when the U.S. Postal Service (USPS) or requesting agency becomes aware of a violation of law; to a congressional office at your request; to entities or individuals under contract with USPS; to entities authorized to perform audits; to labor organizations as required by law; to federal, state, local or foreign government agencies regarding personnel matters; to the Equal Employment Opportunity Commission; and to the Merit Systems Protection Board or Office of Special Counsel. For more information regarding our privacy policies visit www.usps.com/privacypolicy2 - PART 2 - PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

The above provisions are incorporated by reference as if set forth in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. The text of these provisions may be accessed electronically at this address:

http://about.usps.com/manuals/spp/spp.pdf or, upon request, will be provided by the contracting officer.

PROVISIONS BY FULL TEXT

PROVISION 1-1 SUPPLIER CLEARANCE REQUIREMENTS (MARCH 2006)

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 in accordance with Administrative Support Manual 272.3 will be required before that access will be permitted. It is the contractor'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 section, taking into account in their offices the time and paperwork associated with the screening.

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 in the performance, 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.

http://www.usps.com/privacypolicy2 http://about.usps.com/manuals/spp/spp.pdf

PROVISION 4-1 STANDARD SOLICITATION PROVISIONS (JUNE 2020)

a. Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified on this solicitation. Offers may be submitted on PS Form 8203, Order/Solicitation/Offer/Award, letterhead stationery, or as otherwise specified in the solicitation. As a minimum offers must show:

1. Solicitation Number;

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

3. 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;

4. Terms of any expressed warranty;

5. Price and any discount terms;

6. “Remit to” address, if different than mailing address;

7. A completed copy of the representations and certifications;

8. Acknowledgment of Solicitation Amendments;

9. 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, point of contact, with telephone numbers, and other relevant information); and

10. If the offer is not submitted on PS Form 8203, include a statement specifying the extent of agreement with all terms and conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

b. Business Disagreements. Business Disagreements. Business disagreements may be lodged with the Supplier Disagreement Resolution (SDR) Official if the supplier 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. Product Samples. When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples must be submitted at no expense to the Postal Service and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

d. 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.

e. Late Offers. Offers or modifications of offers received at the address specified for the receipt of offers 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.

f. Type of Contract. The Postal Service plans to award an Ordering Agreement (OAG) and all proposals must be submitted on this basis. Alternate proposals based on other contract types will will not X be considered.

g. 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.

h. Multiple Awards. The Postal Service 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 Postal Service reserves the right to make an award on any items for quantity less than the http://www.usps.com/ quantities offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

i. 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 at: http://about.usps.com/manuals/pm/welcome.htm.

If checked, the following provision is incorporated in this solicitation by reference:

(contracting officer will check as appropriate.))

j. Provision 9-5: Compliance with Veterans’ Employment Reporting Requirements

PROVISION 4-2 EVALUATION (JULY 2023)

a. General. The Postal Service will award a contract resulting from this solicitation to the offerors whose offers conforming to the solicitation are deemed best suited to provide the Postal Service the best quality, timeliness, and other factors, as specified.

NOTE: THIS SOLICITATION IS FOR INDIVIDUALS ONLY. SUBMISSIONS FROM

COMPANIES OR CORPORATIONS WITH EMPLOYEES DESIGNATED TO PERFORM THIS

TYPE OF WORK WILL NOT BE CONSIDERED. SELECTED OFFERORS MUST PERFORM

ALL THE WORK ASSOCIATED WITH THE ASSIGNED TASK ORDER THEMSELVES.

A. Technical & Supplier Capability

Offeror capability is evaluated to determine an offeror's ability to perform upon award of a contract. This information will be used to assess the quality, experience, and resources of the offeror to perform. The USPS will evaluate the offeror’s demonstrated understanding of the various functional and technical requirements of the statement of work. The USPS will evaluate the degree to which the offeror’s approach will meet the requirements to provide, on an on-going basis, the services as detailed in the USPS statement of work.

The following P erformance Evaluation Factors will be used in the evaluation of offers. Please read and answer all questions thoroughly.

1. The USPS does not award contracts to c urrent USPS and other Federal employees.

Are you a current USPS or other Federal employee?

Yes, currently employed

Yes, currently employed, but will be retired effective within 30 days of this solicitation close date

No, not currently employed with the USPS or other Federal Agency

2. Please select your highest education level:

Master’s Degree or higher

Type of Degree:

Educational Institution:

Date Awarded:

o http://about.usps.com/manuals/pm/welcome.htm

Bachelor’s Degree

Type of Degree:

Educational Institution:

Date Awarded:

Associate Degree

Type of Degree:

Educational Institution:

Date Awarded:

Certification Program

Type of Certification:

Education Institution:

Date Awarded:

Currently enrolled in a College or Certification Program

Type of Degree or Certification:

Education Institution:

Expected Graduation Date:

No College or Certification

3. Required Equipment – Offeror must provide the following upon being offered a contract:

Own workspace

Computer with Windows 10 or higher operating system with at least 4 GB of memory

Microsoft Office 2010 or higher software and WinZip software with password protection and encryption

Adobe Acrobat Professional

Fax machine or eFax

Internet using DSL or broadband service and email account.

Dedicated telephone line/number

Document scanner (Adobe PDF software)

Anti-Virus Protection for computer system

By checking this box, you acknowledge that you have read the above required equipment list and agree that you will have all required equipment upon being offered a contract.

4. Offerors must have excellent computer skills.

Please select your level of experience with Microsoft Word:

I have no experience in using Microsoft Word, but I am willing to learn.

I have limited experience in using Microsoft Word. I have had exposure to Microsoft Word, but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience in using Microsoft Word across routine or predictable situations with minimal supervision or guidance.

I have experience in using Microsoft Word independently across a wide range of situations. I have assisted others in using Microsoft Word. I seek guidance in using Microsoft Word only in unusually complex situations.

I am considered an expert in using Microsoft Word. I advise and instruct others in using Word on a regular basis. I am consulted by my colleagues and/or supervisors in using Microsoft Word in unusually complex situations.

Please select your level of experience with Adobe Acrobat Professional:

I have no experience in using Adobe Acrobat Professional, but I am willing to learn.

I have limited experience in using Adobe Acrobat Professional. I have had exposure to Adobe Acrobat Professional, but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience in using Adobe Acrobat Professional across routine or predictable situations with minimal supervision or guidance. I know how to insert and extract pages, bookmark, paginate and redact in Adobe Acrobat Professional.

I have experience in using Adobe Acrobat Professional independently across a wide range of situations. I have assisted others in using Adobe Acrobat Professional. I seek guidance only in unusually complex situations.

I am considered an expert in using Adobe Acrobat Professional. I advise and instruct others in using Adobe Acrobat Professional on a regular basis. I am consulted by my colleagues and/or supervisors in using Adobe Acrobat Professional in unusually complex situations.

5. Offerors must have knowledge of statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints.

I have no knowledge of statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints, but I am willing to learn.

I have limited knowledge of statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints

I have a very good understanding statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints and have utilized this knowledge regularly

I am considered an expert in statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints

6. Offerors must have excellent organizational, and administrative skills, must be able to meet provided timelines.

I have no experience in performing this work behavior, but I am willing to learn.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable

I have regularly performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am consulted by my colleagues and/or supervisors to carry out this work behavior in unusually complex situations.

7. Offerors must have the ability to determine who will be interviewed and what relevant documents and policies to be included.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable situations with minimal supervision or guidance.

I have regularly performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am

8. Offerors must have the ability to develop affidavit questionnaires to acquire relevant testimony pertinent to the accepted claim and have the ability to summarize testimony and record evidence from complainants, witnesses and others, regarding relevant allegations.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable situations with minimal supervision or guidance.

I have regularly performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am

9. Offerors must have the ability to create an electronic, objective report including comparative analysis, as applicable, ensuring all accepted issues are addressed, scope and depth of investigation are sufficient, and facts are adequately substantiated.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable situations with minimal supervision or guidance.

I have regularly performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am

B. Past Performance

10. Describe your experience investigating employment discrimination and harassment complaints.

I have no experience in performing this work behavior, but I am willing to learn.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable

I have regularly performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am consulted by my colleagues and/or supervisors to carry out this work behavior in unusually complex situations.

11. How would you rate your investigative experience including your skills in researching, problem solving, evidence/documentation collection, interviewing, affidavit/report writing, and critical thinking?

I have no experience in performing this work behavior, but I am willing to learn.

I have limited experience in performing this work behavior. I have had exposure to this work behavior but would require additional guidance, instruction, or experience to perform it at a proficient level.

I have experience performing this work behavior across routine or predictable situations with minimal supervision or guidance.

I have performed this work behavior independently across a wide range of situations. I have assisted others in carrying out this work behavior. I seek guidance in carrying out this work behavior only in unusually complex situations.

I am considered an expert in carrying out this work behavior. I advise and instruct others in carrying out this work behavior on a regular basis. I am consulted by my colleagues and/or supervisors to carry out this work behavior in unusually complex situations.

C. Information

12. Availability: Are you able to complete a minimum of ten (10) cases a year? (Note:

This will not create a minimum ordering obligation by the Postal Service; rather, it is being asked to determine if you would have adequate availability to complete cases that may be assigned to you)

Yes, I have availability to complete 10 or more cases per year

No, I do not have availability to complete at least 10 cases per year, but can complete at least 5 cases per year

No, I do not have availability to complete at least 5 cases per year

13. If you have previously been a contractor or employee for NEEOISO explain the beginning and ending dates, the position title and why it ended.

14. If you have previously applied, please respond to the following.

I applied and was not selected. Explain in detail how your qualifications/abilities have improved since then.

I have previously attended the NEEOISO training program and did not pass.

Explain in detail what you have done since to improve your ability to pass the training.

I have previously passed the class and did not successfully complete the initial new investigator cases. Explain in detail what you have done to improve the necessary skills to change that outcome.

How did you hear about this contracting opportunity?

Friend/Family/Acquaintance

Flyer eMail Notification

INDEED.COM

SAM.GOV

Other

D. Questionnaire & Course Pre-work

In addition to the sections A. Technical & Capability Evaluation and B. Past Performance listed above, offerors must successfully complete and pass the following assignment:

i. The offerors will be given a pre-requisite sample case file and corresponding questionnaire that they must complete and submit by the given due date. The sample base file will consist of all the documents a normal base file would contain including the 2564-A Pre-Complaint, 2570 Counselor’s Report, 2565 Formal Complaint and several supporting documents. The offeror is to review the base file thoroughly, familiarizing themselves with the contents, and then answer the questionnaire based on the sample file. They need to be sure to provide sufficient details in their questionnaire responses. They will be graded on the questionnaire and must earn a Minimally Acceptable* or higher in order to continue in the process.

Offerors who are successful in earning a high enough score on the 4.2 sections A, B, and D.i will then be assigned to do sections D.ii and D.iii below.

ii. The offerors who successfully earn a Minimally Acceptable* score on the sample file questionnaire will also be provided a scavenger hunt exercise. They will be provided with a folder with all the samples, templates, policies, etc., needed as an investigator, named the “Reference CD.” They will be provided a list of 10 documents to locate in the Reference CD folder and upload. This exercise will be graded and the applicants must earn a Minimally Acceptable* or higher in order to continue in the process.

iii. Successful offerors who meet the Minimally Acceptable* criteria on the base file questionnaire graded assignment, will also be provided a required eLearning course that includes the following topics:

a. A brief history of the EEOC

b. Relevant statutes and regulations that govern the EEO process

i. MD 110

ii. 29 C.F.R. Part 1614

iii. Title VII of the Civil Rights Act

iv. Age Discrimination in Employment Act

v. Equal Pay Act

vi. Rehabilitation Act

vii. Genetic Information Nondiscrimination Act

viii. Pregnancy Discrimination Act

c. The EEO Process and Timelines

i. Pre-Complaint Process

ii. Formal Complaint Process

d. Theories of Discrimination and their Prima Facie elements including:

i. Disparate Treatment

ii. Disability and Reasonable Accommodation

iii. Retaliation

iv. Harassment

e. Role of the Investigator

f. 10 question quiz at the end that must be completed

*Minimally Acceptable is currently 80%

E. Security Clearance

Offeror must be a U.S. citizen or have permanent resident alien status and successfully complete a background check and drug screening and must be able to obtain a sensitive security clearance.

F. EEO Investigator Skills Class

The final step is the EEO Investigator Skills Class. It is customary to award a contract if the offeror successfully passes the EEO Investigator Skills class. Currently, the EEO Investigator Skills class is a week and a half long class conducted via Zoom.

Please note, the USPS cannot reimburse offerors for any expenses associated with applying for and attending the EEO Investigator Skills class, including, but not limited to fingerprints, drug tests, etc., even in the event that an offeror does not complete the class successfully and thereby becomes ineligible for performing EEO Investigations.

The offeror, once a contract EEO Investigator, will be compensated based upon the stated pricing structure developed by NEEOISO, therefore the offeror will not be submitting Price 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 inures 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;

(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;

(d) Have _ have not _ , within a 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 conjunction 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

(e) 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 (d) 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 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.

3 - PART 3 - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The above clauses are incorporated by reference as if set forth in full text. The text of these clauses may be accessed electronically at this address: http://about.usps.com/manuals/spp/spp.pdf or, upon request, will be provided by the contracting officer.

CLAUSES BY FULL TEXT

CLAUSE B-3 CONTRACT TYPE (MARCH 2006)

This is an Ordering Agreement. An Ordering Agreement is not itself a contract. Rather, a contract will be established when an order is issued under the Ordering Agreement. There is no obligation by the Postal Service to place future orders with the Supplier under this Ordering Agreement.

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”).

http://about.usps.com/manuals/pm/welcome.htm

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 d(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.

d.

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.

e. 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.

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

g. 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 d(2) of this clause must be provided for any claim, regardless of dollar amount, before ADR is used.

h. 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.

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

Interest.

j. 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-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-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 1-1 PRIVACY PROTECTION (OCTOBER 2014)

In addition to other provisions of this contract, the supplier agrees to the following:

a. Privacy Act — If the supplier operates a system of records on behalf of the Postal Service, the Privacy Act (5 U.S.C. 522a), the Postal Service regulations at 39 CFR Parts 266–267, and Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management and Appendix, apply to those records. The supplier is considered to operate a system of records if it maintains records (including collecting, using, revising, deleting, or disseminating records) from which information is retrieved by the name of an individual or by some number, symbol, or other identifier assigned to the individual. The supplier must comply with the Act and the Postal Service regulations and Handbook AS-353 in designing, developing, managing, and operating the system of records, including ensuring that records are current and accurate for their intended use, and incorporating adequate safeguards to prevent misuse or improper disclosure of personal information. Violations of the Act may subject the violator to criminal penalties.

b. Information Pertaining to Individuals (“Personal Information”) — If the supplier has access to Postal Service information pertaining to individuals (e.g. customer or employee information), including address information, whether collected online or offline by the Postal Service or by a supplier acting on its behalf, the supplier must comply with the following:

1. General — With regard to the Postal Service customer information to which it has access pursuant to this contract, the supplier has that access as an agent of the Postal Service and must adhere to its official Privacy Policy at http://usps.com/privacypolicy.

2. Use, Ownership, and Nondisclosure —The supplier may use Postal Service Personal Information solely for the purposes of this contract, and may not collect or use such information for non-Postal Service marketing, promotion, or any other purpose without the prior written approval of the contracting officer. The supplier may not maintain, access, or store (including archival back-ups) any Personal Information data outside the United States. The supplier must restrict access to such information to those employees who need the information to perform work under this contract, and must ensure that each such employee (including subcontractors’ employees) sign a nondisclosure agreement, in a form suitable to the contracting officer, prior to being granted access to the information. The Postal Service retains sole ownership and rights to its Personal Information. Unless the contract states otherwise, upon completion of the contract the supplier must turn over all Postal Service Personal Information and any copies of the information, in any form the Personal Information or copies may exist, in its possession to the Postal Service. In addition, the supplier must certify that no Postal Service Personal Information and, if applicable, copies, have been retained unless otherwise authorized in writing by the contracting officer.

If so required elsewhere in this contract, the information or copies must be destroyed by the supplier and the supplier must certify to the contracting officer that such destruction has taken place.

http://usps.com/privacypolicy

3. Security Plan — When applicable, and unless waived in writing by the contracting officer, the supplier must work with the Postal Service to develop and implement a security plan that addresses the protection of Personal Information. The plan will be incorporated into the contract and followed by the supplier, and must, at a minimum, address notification to the Postal Service of any security breach. If the contract does not include a security plan at the time of contract award, it must be added within 60 days after contract award.

4. Breach Notification — If there is any actual or suspected breach of any nature in the security of Postal Service data, including Personal Information, the supplier must notify the contracting officer and the Postal Service’s Chief Privacy Officer as soon as practicable but no later than 24 hours following the detection of a suspected or confirmed breach. The supplier will be required to follow Postal Service policies regarding breach notification to customers and/or employees.

5. Legal Demands for Information — If a legal demand is made for Postal Service Personal Information (such as by subpoena), the supplier must immediately notify the contracting officer and follow the applicable requirements in 39 CFR, sections

265.11 and 265.12. After notification, the Postal Service will determine whether and to what extent to comply with the legal demand. Should the Postal Service agree to or unsuccessfully resist a legal demand, the supplier may, with the written permission of the contracting officer, release the information specifically demanded.

c. Online Assistance — If the supplier assists in the design, development, or operation of a Postal Service customer Web site, or if it designs or places an ad banner, button, or link on a Postal Service Web site or any Web site on the Postal Service’s behalf, the supplier must comply with the limitations set forth in the Official Postal Service Privacy Policy (see b.1, above).