BEP-09-0005 Sodium Hydroxide v.2 12 18 08.doc

BEP-09-0005

1.0 The U.S. Department of Treasury’s(DOT) Bureau of Engraving and Printing (BEP) has a requirement for 50% Sodium Hydroxide Solution. This requirement is being procured under FAR Part 12, with a NAICS Code: 325181 with size standard of 1,000. This procurement is 100% set-aside for Small Business.

All responses to this RFQ are due January 23, 2009, 2:00 P.M. EST to:

Department of Treasury

Bureau of Engraving and Printing

Office of Acquisitions

RM 708-A, Attention: Kathleen Reidy

14th and C Streets, S.W.

Washington, D.C. 20228

Or via email: Kathleen.reidy@bep.treas.gov

2.0 Provisions

2.1 52.212-1Instructions to Offerors – Commercial Items (Jun 2008) with Addendums A, B, C, D, and E.

Tailoring to 52.212-1:

Paragraph (c) Period for acceptance of offers:

The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

Paragraph (b) Submission of offers:

As stated in paragraph (d) below, offerors must also submit a material sample. Accordingly, Material Safety Data Sheets (MSDSs), as required by FAR 52.223-3, shall be submitted either in electronic or hardcopy form for each sample and shall be received at the BEP at least ten (10) days prior to the submittal of samples. The offeror should submit the hazard determination procedures they use to evaluate the safety of their product(s) or any other information needed for an appropriate evaluation of the MSDSs. The offeror should provide the sampling protocol to be utilized by BEP health professionals to characterize hazardous ingredient exposure to Bureau employees. In instances where a product’s ingredients are proprietary, it is common practice for the manufacturer to recommend a sampling and analytical method that is used to quantify occupational exposures. Specifically, one part of the trade secret portion of the hazard Communication Standard, 1910.1200(i)(3)(iii)(C), allows for health professionals to request from the manufacturer, “Methods of monitoring and analyzing worker exposure to the chemical.”

Environmental, Health and Safety Certification. By submission of its signed quote the offeror certifies that its quote is in compliance with the environment, health, and safety requirements as set forth in BEP Specification C: SHS-2G dated February 22, 2007.

Technical Data Sheet/Report. The offeror shall provide a technical data sheet/report listing the results of inspection and testing performed by the offeror on the sample material submitted for BEP evaluation. The technical data sheet/report should include physical and chemical properties listed in section 3.3 of the BEP specification No. C: SHS-2G. The instruments and test parameters used by the offeror should be included in the technical data sheet/report.

Paragraph (d) Product samples:

“Product Samples” (material samples) of Sodium Hydroxide are a part of the offer but shall be submitted separately by the closing date of the solicitation.

The offeror shall submit one material sample to the Washington, DC facility for evaluation to determine compliance with the technical evaluation criteria and specification C: SHS-2G. The material sample shall be manufactured at the same facility, with the same raw materials, equipment, and processes from which the material will be manufactured if the offeror is awarded the contract.

On or before the closing date of the solicitation, each offeror shall submit one 2-liter sample of 50% sodium hydroxide solution to the BEP for evaluation. A hard copy of each MSDS shall be included with the offeror’s technical quote. No material sample will be evaluated without an appropriate and complete MSDS that has been reviewed and approved by the BEP. The MSDSs shall be submitted to: Bureau of Engraving and Printing, Office of Materials Technology, Attention: Jeff Peterman, Room 201-27A, 14th and C Streets, S.W., Washington, D.C. 20228-0001. The sample shall be identical in properties to the material proposed. The offerors shall certify that the material meets all physical and chemical properties requirements of the specification. The BEP may require additional material for evaluation prior to the award of a contract. The proposed material sample shall be labeled as follows:

Office of Materials Technology

14th and C Streets, SW

Washington, DC 20228-0001

Attention: Jeff Peterman, Project Manager Marking of Samples. The package containing the sample of 50% sodium hydroxide solution shall be labeled as follows:

OFFEROR'S NAME AND ADDRESS

BEP SOLICITATION NUMBER

NAME OF MATERIAL

STOCK ITEM NUMBER 2A000580

LOT NUMBER AND DATE OF MANUFACTURE

ATTN: JEFF PETERMAN, PROJECT MANAGER

OFFICE OF MATERIALS TECHNOLOGY

Hazard Warning Labels. Each package and container shall be labeled in accordance with the provisions of the Hazard Communication Standard, 29 CFR 1910.1200 (f) per Section 5.2.2 of the BEP Specification No. C: SHS-2G. The labels shall include the name and address of the manufacturer, the identification of hazardous materials, and appropriate hazard warnings.

Shipping/Delivery Instructions. The material sample shall be delivered to the following address:

Bureau of Engraving and Printing

D Street between 13th and 14th Streets, SW

Washington, DC 20228-0001

Attn: Jeff Peterman, Office of Materials Technology, Room 201-27A Receiving hours for deliveries are from 8:00 am to 2:15 pm (local time), Monday through Friday, excluding U.S. Government holidays and the BEP year-end-shutdown, which normally occurs between December 24 and January 1. The offeror shall contact the BEP Receiving Section at (202) 874-2333 at least twenty-four (24) hours in advance to schedule deliveries.

Paragraph (f) Late submissions, modifications, revisions, and withdrawals of offers.

When an offer (is hand-carried or sent by a package-delivery or courier service, the offeror assumes full responsibility for insuring that the offer is received by the date and time facility, with restricted access.

· A bid box is not available for offerors to leave their offers;

· BEP Police Officers will not accept offers;

· When the U.S. Department of Homeland Security (DHS) sets the terrorist-threat potential at High (orange) or Severe (red), the BEP Security Police will not allow any hand-delivered package or any package delivered by courier or express-delivery service, unless the Contract Specialist or a designee of the CO is present in the BEP lobby to receive it. (The current threat advisory is posted on the DHS website, http://www.dhs.gov/xinfoshare/programs/Copy_of_press_release_0046.shtm In order to assure timely delivery of an offer, offerors must follow the procedures associated with the national threat level in effect at the time of delivery, as described below.

Procedures for delivery of offers when the United States government's national threat level is Low (Green), Guarded (Blue) or Elevated (Yellow).

· Offerors must schedule an appointment with the Contract Specialist to deliver the offer prior to the closing time as set forth in Block 8 of the SF1449. The Bureau is a secure facility and offerors are cautioned to schedule delivery not less than one (1) hour prior to the solicitation closing time to allow for sufficient time for receipt of their quote.

· The offeror/courier must deliver the offer to the BEP Annex Building at the entrance specified by the Contract Specialist.

· Upon entrance the offeror/courier will be directed to a Bureau phone to call the Contract Specialist or their designee to advise that they have arrived in the Bureau lobby with the hand-carried offer. The Contract Specialist and their phone number are set forth in Block 7 of the SF1449. If the Contract Specialist assigns a designee, the offeror shall be advised of the individual to contact upon arrival at the Bureau when the offeror schedules their appointment.

· The Contract Specialist or designee will then meet the offeror/courier in the Bureau lobby and receive the offer.

Procedures for delivery of offers during High (Orange) or Severe (Red) threat conditions:

· Offerors must schedule an appointment with the Contract Specialist to deliver the offer prior to the closing time as set forth in Block 8 of the SF1449. The Contract Specialist must be contacted no later than eight (8) business hours in advance of the anticipated delivery time, and the delivery time must be at least one hour prior to closing time to allow sufficient tim

· e for receipt of the quote. If material samples are required as part of the offer (quote), material samples may not be hand delivered.

· The offeror/courier must deliver the offer to the BEP Annex Building at the entrance specified by the Contract Specialist.

· The Contract Specialist or designee will then meet the offeror/courier in the Bureau lobby and receive the offer (quote). The Contract Specialist or designee will wait in the BEP lobby for no more than ten minutes from the scheduled appointment time.

· Receipt of the offer by the Contract Specialist or designee constitutes Government control.

If the offeror fails to take these actions, and the offer does not reach the BEP by the date and time it is due, the offer will be treated as a late offer in accordance with (FAR 52.212-1(f)).

(end provision)

2.2 Provision 52.212-2 Evaluation of Commercial Items (Jan 1999).

Tailoring Paragraph (a):

2.2.1 Technical

Material samples of 50% sodium hydroxide solution submitted by prospective offerors shall be evaluated for the purpose of determining whether the material samples submitted conform to the technical requirements set forth in BEP Specification No. C: SHS-2G dated 22 February 2007, Addendum A to Provision 52.212-1 above. Material samples that fail the Non-Gradable Criterion shall be deemed unacceptable and will not be evaluated against the Gradable Evaluation Criterion and will not receive further consideration for contract award. Technical also includes warranty.

2.2.2 Past Performance

The evaluation of past performance will be a subjective assessment based on a consideration of relevant facts and circumstances. The BEP will consider the depth, breadth, relevance and currency of the offeror’s experience, particularly as a sodium hydroxide solution supplier. The BEP is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery. The BEP will evaluate the offeror’s reputation for quality of product and/or adherence to standards of good workmanship; for adherence to contract schedules; for reasonable and cooperative behavior, and commitment to customer satisfaction. In the case of an offeror without a record of relevant past performance, the offeror shall not be evaluated favorably or unfavorably on past performance.

Each offeror shall provide a list of at least three contracts completed during the last three years and all contracts currently in place for 50% Sodium Hydroxide Solution. Contracts listed may include those entered into by the Federal Government, Agencies of State and Local Governments, foreign governments, and commercial customers. Include the following information for each contract:

1. Name of Contracting Activity or Customer

2. Contract Number or other identification Number

3. Contract Type

4. Total Contract Value of Volume

5. Description of product

6. Marketing Rep/Contracting Officer and Telephone Number

7. Technical/Project Manager Point of Contact and Telephone Number The offeror should provide information on problems encountered on the contract(s) and corrective actions to resolve those problems. General performance information will be obtained from the references. The Government may use past performance information obtained from other than the sources identified by the offeror and that the information obtained will be used for the responsibility determination.

The Government will only discuss past performance information directly with the prospective prime or sub-contractor that is being reviewed. If there is a problem with the proposed subcontractor’s past performance, the prime can be notified of a problem, but no details, may be discussed without the subcontractor’s permission.

2.2.3 Price

Note: Technical capability is considered more important then Past Performance and the two factors combined are considered more important then Price.

(end provision)

2.3 Provision 52.212-3 Offeror Representations and Certifications – Commercial Items.

(end provision)

2.4 Provision 52.217-5 Evaluation of Options (Jul 1990)

(end provision)

End Provisions For full text of provisions and clauses go to www.arnet.gov/far

3.0 Deliver To:

3.1 Multiple Locations

Items 001, 003, 005, 007, 009 as specified the below Schedule of supplies/services shall be delivered to the following address:

15th Street, S.W.

Washington, DC 20228

Receiving hours for deliveries are 6:00 p.m. to 9:00 p.m., local time, Monday through Friday, excluding U.S. Government holidays and BEP Year-End-Shutdown (which normally occurs between December 24 and January 1) (See Section F.3). The Contractor shall contact the BEP Receiving Section (202) 874-2333 at least 24 hours in advance to schedule all deliveries. The information cited below should be provided:

- Name of supplier/manufacturer

- Contract/Purchase Order Number

- Total number of cartons or pallets

- Total weight

- Date and Time of Delivery

Items 002, 004, 006, 008, 010 as specified in the below Schedule of supplies/services shall be delivered to the following address:

Bureau of Engraving and Printing

Landover Warehouse

3201 Pennsy Drive

Landover, Maryland 20785

Receiving hours for deliveries are 7:30 a.m. to 2:30 p.m., local time, Monday through Friday, excluding U.S. Government holidays and BEP Year-End-Shutdown (which normally occurs between December 24 and January 1). The Contractor shall call the Landover Warehouse appointment line at (202) 874-0874 at least at least twenty-four (24) hours in advance to schedule deliveries. The appointment line is staffed from 7:00 am to 3:00 pm Monday through Friday. The following information should be provided:

- Name of supplier/manufacturer

- Contact Person with phone number

- Contract/Purchase Order Number

- Total number of cartons or pallets

- Total weight

- Date and Time of Delivery

(c) The place(s) of delivery for items ordered under this contract shall be specified on the individual delivery order.

(d) The Contractor is obligated to make delivery f.o.b. destination at the prices shown in Part B.

3.2 Federal Holidays And Bep Shutdown Period:

The Bureau observes the legal holidays that are listed on the Office of Personnel’s website at: https://www.opm.gov/fedhol/. The Presidential Inauguration Day is celebrated only in the Washington, D.C. area.

The BEP’s Shutdown Period typically takes place from December 25th through January 1st each year.

3.3 Schedule of Supplies/Services

SCHEDULE OF SUPPLIES/SERVICES

BASE PERIOD - WASHINGTON, DC FACILITY BY TANKER TRUCK

Minimum Quantity:

51,072 gallons

Maximum Quantity:

255,360 gallons

BASE PERIOD – LANDOVER, MD FACILITY IN DRUMS

Minimum Quantity:

550 Drums

Maximum Quantity:

4,400 Drums

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 001 - 02:

OPTION PERIOD I - WASHINGTON, DC FACILITY BY TANKER TRUCK

Minimum Quantity:

51,072 gallons

Maximum Quantity:

255,360 gallons

OPTION PERIOD I - LANDOVER, MD FACILITY IN DRUMS

Minimum Quantity:

550 Drums

Maximum Quantity:

4,400 Drums

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 03-04:

OPTION PERIOD II - WASHINGTON, DC FACILITY BY TANKER TRUCK

Minimum Quantity:

51,072 gallons

Maximum Quantity:

255,360 gallons

OPTION PERIOD II - LANDOVER, MD FACILITY IN DRUMS

Minimum Quantity:

550 Drums

Maximum Quantity:

4,400 Drums

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 05 - 06:

OPTION PERIOD II - WASHINGTON, DC FACILITY BY TANKER TRUCK

Minimum Quantity:

51,072 gallons

Maximum Quantity:

255,360 gallons

OPTION PERIOD III - LANDOVER, MD FACILITY IN DRUMS

Minimum Quantity:

550 Drums

Maximum Quantity:

4,400 Drums

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 07 - 08:

OPTION PERIOD IV - WASHINGTON, DC FACILITY BY TANKER TRUCK

Minimum Quantity:

51,072 gallons

Maximum Quantity:

255,360 gallons

OPTION PERIOD IV - LANDOVER, MD FACILITY IN DRUMS

Minimum Quantity:

550 Drums

Maximum Quantity:

4,400 Drums

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 09 - 010:

ESTIMATED TOTAL AMOUNT FOR CONTRACT LINE ITEMS (CLINS) 01 - 010:

– Administered by:

This contract will be administered by (TBD prior to contract award).

Office of Acquisition

Contract Administration Division

ATTN: (TBD prior to contract award)

14th & C Streets, S.W., Rm. 705A

Washington, D.C. 20228-0001

Phone: (TBD prior to contract award) Email: (TBD prior to contract award) All communications after award of the contract shall be directed to the Administrating Contracting Officer. Written communications shall make reference to the contract number/purchase order number when mailed to the above address.

4.0 Additional Information:

4.1 Material Conformance:

The supplies to be provided under this contract shall conform to the requirements set forth in the specifications (Addendum A) and applicable clauses. The material shall be identical to the material sample which the Contractor submitted with its quote. Any deviation from the material sample post contract award must be agreed upon by the Contracting Officer's Technical Representative in writing.

In order for the BEP to meet the requirements set-forth in its ISO certification, all supplies presented for inspection/acceptance must be accompanied by a Certificate of Conformance. The required certificate is provided as Addendum E to Provision 52.212-1.

4.2 Mandatory Safety Requirements

Truck Tank Venting: Sodium hydroxide vapors can cause serious injury to both contractor and government personnel. The venting of truck tanks used to transport sodium hydroxide is particularly dangerous. Accordingly, contractor personnel involved with the delivery of Sodium Hydroxide to the Bureau of Engraving and Printing by tank truck shall not permit the truck tank to be vented while the truck is in the truck well. The tank shall only be vented after the truck leaves the truck well and the outer truck well door has been completely closed.

4.3 Waiver of the Non-Manufacturing Rule

Section 303 (h) of Public Law 100-656 and Section 210 of Public Law 101-574 incorporated into the Small Business Act requires that agency contracts be directed solely to small business manufacturers under set-aside provisions. This requirement is commonly referred to as the Nonmanufacturer Rule. The Small Business Act also contains provisions that allow the Administrator of the SBA to waive this requirement when there are no small business manufacturers or processors available to supply the product to the Federal Government.

Sodium Hydroxide is listed on the U.S. Small Business Administration’s Nonmanufacturing Rule Class Waiver (as of January 11, 2007). Offerors are not required to be the manufacturer of the required item (50% Sodium Hydroxide Solution) under this solicitation. A copy of the Class Waiver is provided as Attachment D for reference.

4.4 Economic Price Adjustment – Changes in the Producer Price Index (PPI) as Published by the US Department of Labor’s (DOL) Bureau of Labor and Statistics (BLS) for Product Code WPU061 Commencing with orders placed on or after contract award, the base prices listed in Section B will be reviewed quarterly and adjusted upwards or downwards if necessary, in accordance with any cost change represented by the Producers Price Index (PPI) as published by U.S. Department of Labor (DOL) Bureau of Labor and Statistics (BLS) for Product Code WPU061 found under Table “PPI Commodity Data”. The PPI can be located at: http://www.bls.gov/ppi/.

During the term of the contract, the price may be adjusted upward or downward a maximum of 10% percent. Any price adjustment for the product code shall be based upon the percentage change in the PPI released in the month prior to the initial month of the contract period the month prior to award (the base index) and the PPI released 12 months later (the updated index).

The price adjustment shall take place six months after the start of each contract period and prior to exercising each Option Period. The new award price shall be calculated based on the previously approved award price.

The formula for determining the Adjusted Contract Price (ACP) applicable to shipments for the balance of the contract period is:

If the PPI is not available for the month of the base index or the updated index, the month with the most recently published PPI prior to the month determining the base index or updated index shall be used.

If a product code is discontinued, the Government and the Contractor will mutually agree to substitute a similar product code. If Labor designates an index with a new title and/or code number as continuous with the product code specified above, the new index shall be used.

Unless the Contractor's written request for a price adjustment resulting from the application of the formula above is received by the Contracting Officer within 30 calendar days of the release of the updated index, the Contractor shall have waived its right to an upward price adjustment. Alternatively, the Contracting Officer will unilaterally adjust the award price downward when appropriate using the updated index defined above.

Price adjustments shall be effective upon execution of a contract modification by the Government or on the 31st day following the release of the updated index, whichever is later, shall indicate the updated index and percent of change as well as the ACP, and shall not apply to delivery orders issued before the effective date.

In the event that there is a disagreement as to the application of the economic price adjustment formula stated above, the disagreements will be subject to resolution under the Disputes clauses of the contract.

5.0 Clauses:

52.212-4 Contact Terms and Conditions – Commercial Items (Feb 2007)

(end clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

_X_ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (7)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

_X_ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

_X_ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X_ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (29) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (30)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

_X_ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (32) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (38) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (41)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(end clause)

DTAR 1052.201-70 Contracting Officer's Technical Representative (COTR) – Appointment and Authority (APR 2004). The full text of this clause may be accessed electronically at the following internet address:

http://www.treas.gov/offices/management/dcfo/procurement/policy/index.shtml Ordering Authority and Procedures:

(a) Orders under this contract shall be issued by warranted Contracting Officers of the following activity:

Office of Acquisition

14th and C Streets, S.W.

Washington, D.C. 20228-0001

(b) Generally, orders will be placed in writing using BEP Form 7989. If the need arises, the Contracting Officer may place an order orally. Oral orders will be confirmed in writing as soon as practical. At a minimum, each order will contain the following information: 1) contract and order numbers, 2) contract line item numbers, descriptions, contract unit prices and quantities, 3) delivery date, 4) place of delivery, 5) accounting and appropriation data, 6) the date of the order and 7) signature of an authorized ordering official. Delivery orders shall be sent to the Contractor by telephonic facsimile ("telefax"). The issuance date of a delivery order for this contract shall be the date of the telefax.

DTAR Clause 1052.203-12 - Limitation on Payments to Influence Certain Federal Transactions (JAN 1990) (Deviation – Department of the Treasury Acquisition Regulation)(NOV 1990). The full text of this clause may be accessed electronically at the following internet address:

http://www.treas.gov/offices/management/dcfo/procurement/policy/index.shtml (end clause)

FAR Clause 52.216‑18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from:

Base Period:

Date of award through 12 months thereafter;

Option Period I:

13th month through 24th month after contract award;

Option Period II:

25th month through 36th month after contract award;

Option Period III:

37th month through 48th month after contract award; and

Option Period IV:

49th month through 60th month after contract award.

(end clause)

52.216-1 Type of Contract (APR 1984)

The Government anticipates awarding a Fixed-Price Indefinite Delivery/Indefinite Quantity contract with an Economic Price Adjustment (EPA) clause.

(end clause)

52.216‑19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 51,072 gallons in tanker trucks and 550 gallons in drums, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 255,360 gallons in tanker trucks and 4,400 gallons in drums

(2) Any order for a combination of items in excess of 4,400 gallons

(c) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(end clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract 90 days after contract expiration.

(end clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(end clause)

End Clauses

Addendums to Provision 52.212-1 Addendum-A BEP Specification Number C: SHS-2G dated February 22, 2007 , entitled BEP Specification for 50% Sodium Hydroxide Solution.

Addendum-B BEP Specification Number L: VAB-1A dated October 22, 1992, entitled Specification for Vendor Affixed Barcode Labels for the Bureau of Engraving and Printing Materials.

Addendum-C US Small Business Administration Office of Government Contracting Nonmanufacturer Rule – Class Waivers in effect as of 01/11/2007.

Addendum-D Disclosure of Lobbying Activities, OMB SF LLL Addendum-E Certificate of Conformance

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