BEP-RFP-14-0284_finalpdf.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NA 52

BEP-RFP-14-0284

Andrew Martin 202-874-1695

BEP-ACQ 100

BEP-ACQ

Same as block 9

325180

1000 Employees

12/22/2014

01/12/2015

5:00PM, EST

Bureau of Engraving and Printing Office of Acquisition (OA) Equipment, Inventory, and Materials Division (EIM) 14th & C Streets, SW, Washington, DC 20228

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Solicitation No. BEP-RFP-14-0284

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 SCHEDULE OF ITEMS AND PRICES: INDEFINITE DELIVERY INDEFINITE

QUANTITY-FIXED PRICE

ITEM EST UNIT EST TOTAL

NO SUPPLIES/SERVICES QTY/UNIT PRICE AMOUNT

ORDERING PERIOD I – [Period of Performance to be inserted at time of award]

1001 50% Sodium Hydroxide 48/Trucks $ * $ BEP Stock Number 2A000580 (3,800 gal/truck)

1002 50% Sodium Hydroxide 12/Drums $ * $ BEP Stock Number 2A00580A (55 gal/drum)

ESTIMATED TOTAL (ITEMS 1001 AND 1002): $

ORDERING PERIOD II – [Period of Performance to be inserted at time of award]

2001 50% Sodium Hydroxide 48/Trucks $ * $ BEP Stock Number 2A000580 (3,800 gal/truck)

2002 50% Sodium Hydroxide 12/drums $ * $ BEP Stock Number 2A00580A (55 gal/drum)

ESTIMATED TOTAL (ITEMS 2001 AND 2002): $

ORDERING PERIOD III – [Period of Performance to be inserted at time of award]

3001 50% Sodium Hydroxide 48/Trucks $ * $ BEP Stock Number 2A000580 (3,800 gal/truck)

3002 50% Sodium Hydroxide 12/drums $ * $ BEP Stock Number 2A00580A (55 gal/drum)

ESTIMATED TOTAL (ITEMS 3001 AND 3002): $

ORDERING PERIOD IV – [Period of Performance to be inserted at time of award]

4001 50% Sodium Hydroxide 48/Trucks $ * $ BEP Stock Number 2A000580 (3,800 gal/truck)

4002 50% Sodium Hydroxide 12/drums $ * $ BEP Stock Number 2A00580A (55 gal/drum)

ESTIMATED TOTAL (ITEMS 4001 AND 4002): $

ORDERING PERIOD V – [Period of Performance to be inserted at time of award]

5001 50% Sodium Hydroxide 48/Trucks $ * $ BEP Stock Number 2A000580 (3,800 gal/truck)

5002 50% Sodium Hydroxide 12/drums $ * $ BEP Stock Number 2A00580A (55 gal/drum)

ESTIMATED TOTAL (ITEMS 5001 AND 5002): $

TOTAL ESTIMATED AMOUNT (ITEMS 1001 – 5002): $

* See Pricing Matrix in Section B.2.

Note: In accordance with FAR 16.503(1), the above quantities are estimates which are based on historic records of previous requirements and consumption and are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.

B.2 PRICING MATRIX

Pricing matrixes [to be completed with the Offeror's proposal and incorporated at time of award] (see Section B.3 and Provision L.2(b)(6) below).

B.3 PRICING OF DELIVERY ORDERS

The unit prices for this contract are set forth in the pricing matrices in Section B.2 above.

Delivery orders shall be placed at the unit price set forth in the pricing matrix.

B.4 CONTRACT MAXIMUM AND MINIMUMS-IDIQ

(a) Minimum: The minimum guarantee for this IDIQ is $1,500,000.00 which includes any profit/fee and is to be accomplished via the issuance of Delivery orders. Delivery orders will be issued in accordance with Section H.2. This contract obligates funding for the minimum dollar amount as set forth in above. However, the minimum dollar amount is not ordered at time of contract award.

(b) Ordering Ceiling: The maximum dollar amount that may be ordered on this contract will not exceed $5,000,000.00 over the life of the contract.

B.5 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. The new ordering period price shall be calculated based on the previously approved ordering period price.

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

ACP = Updated Index x Award Price Base Index

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 should 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.

B.6 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 December 31, 2013). Offerors are not required to be the manufacturer of the required item (50% Sodium Hydroxide Solution) under this solicitation.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 GENERAL REQUIREMENTS

(a) Background: The Bureau of Engraving and Printing (BEP) is a component of the United States Department of the Treasury that designs, engraves, and prints U.S. currency banknotes and other U.S. security products. U.S. currency banknote manufacturing occurs at BEP’s Eastern Currency Facility (ECF) located in Washington, DC and Western Currency Facility (WCF) located in Fort Worth, TX. BEP’s primary customer is the Federal Reserve Board

(FRB).

(b) Objective: BEP’s objective for this acquisition is to purchase 50% sodium hydroxide (caustic soda), delivered by tank trucks or in drums in accordance with BEP specifications. The material shall be suitable for use as an ingredient in water-based alkaline wiping solution for currency printing presses at the BEP. Quantity will be the net weight of contents in pounds per drum or tanker.

(c) Scope: The contractor shall furnish all facilities, labor, and materials to provide the 50% sodium hydroxide (caustic soda), Stock item numbers 2A000580 and 2A00580A in accordance with the terms and conditions herein, including the relevant specification (Attachment A).

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with the specification, Attachment A, Section 5, and Attachment B of this contract to ensure safe delivery at destination.

D.2 SAFETY

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Material Safety Data Sheets (MSDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Supplies not meeting this requirement will not be accepted (off-loaded) by BEP.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by BEP-appointed Contracting Officer's Representative (COR) in accordance with paragraph (a) of FAR 52.212-4 (See Section I).

E.2 FAR CLAUSE 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):https://www.acquisition.gov/far

CLAUSE

NUMBER TITLE DATE

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution:______________________ Signature:__________________________________ Title:_______________________________________

E.3 QUALITY ASSURANCE

(a) General: In accordance with Attachment A of this contract, unless otherwise specified in the specification, this contract, or delivery order, the Contractor is responsible for the performance of all inspection and testing requirements. Except as otherwise specified, the Contractor may utilize its own facilities or any commercial laboratory acceptable to BEP. BEP reserves the right to perform any inspections and tests that are deemed necessary to assure that the supplies being provided conform to prescribed requirements. BEP may conduct quality audits at the Contractor’s facilities and its subcontractors.

(b) Quality Assurance Plan Requirements: The BEP shall rely on the contractor’s existing quality assurance system. If any of the work required under the contract is subcontracted, the Contractor shall require that the subcontractor submit and adhere to a Quality Assurance Plan, which complies with Sections 4.1 and 4.1.1 of Attachment A of this contract.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR CLAUSE 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at https://www.acquisition.gov/far

CLAUSE

NUMBER TITLE DATE

52.211-16 VARIATION IN QUANTITY APR 1984

(b) The permissible variation shall be limited to: ten (10) percent increase; ten (10) percent decrease.

This increase or decrease shall apply to each quantity specified in the Delivery order.

52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989

52.247-34 F.O.B DESTINATION NOV 1991

F.3 PLACE OF DELIVERY—MULTIPLE LOCATIONS

(a) Delivery Orders placed against Contract Line Items (CLINs) 1001 through 5002 as specified in Section B.1 above shall be delivered F.O.B Destination to the location specified in the delivery order.

(b) The following represents important delivery requirements regarding the locations that supplies may be delivered to in support of this effort.

(1) Supplies to be delivered to BEP’s ECF location are to be delivered to the following address:

Bureau of Engraving and Printing Eastern Currency Facility

“D” Street between 13th & 14th Streets, S.W Washington, DC 20228

Receiving hours for deliveries are 8:00 a.m. to 2:15 p.m., Eastern Time, Monday through Friday, excluding U.S. Federal holidays and BEP’s Year End Shutdown (YES) Period (see section F.4 below). The Contractor shall contact BEP’s Eastern Currency Facility’s Receiving Section at

(202) 874-2333 at least twenty-four (24) hours in advance to schedule all deliveries.

For deliveries to the ECF, over-the-road vehicles having an overall height exceeding 12 feet 6 inches (3.8 meters) empty, or an overall length exceeding 40 feet (12.2 meters) cannot be accommodated at the receiving platform.

(2) Supplies to be delivered to BEP’s ECF Warehouse location are to be delivered to the following address:

Bureau of Engraving and Printing Landover Warehouse Facility 3201 Pennsy Drive Landover, MD 20785

Receiving hours for deliveries are 8:00 a.m. to 2:15 p.m., Eastern Time, Monday through Friday;

excluding U.S. Federal holidays and BEP’s Year End Shutdown (YES) Period (see Section F.4 below). The Contractor shall contact BEP’s ECF’s Receiving Section at 202-874-0874 at least twenty-four (24) hours in advance to schedule all deliveries.

The following information should be provided when scheduling a delivery at any of the above facility locations:

- Name of supplier/manufacturer

- 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.

F.4 DELIVERY PERIOD

Each delivery order shall state the required delivery period. However, in order to meet BEP production schedules, BEP requires delivery to be made within thirty (30) calendar days after the issuance of the respective delivery order. A longer delivery period may be allowed provided that delivery of the supplies will ensure that BEP production schedules are met. At the discretion of the Government, if a longer delivery time is feasible and approved in writing by the CO and the COR, the respective Delivery order will provide the extended delivery date.

F.5 BEP YEAR END SHUTDOWN PERIOD AND FEDERAL HOLIDAYS

(a) BEP observes the federal holidays that are listed on the Office of Personnel website at:

https://www.opm.gov/fedhol/. The Presidential Inauguration Day, which falls on January 20, 2017, is applicable only to the ECF deliveries.

(b) BEP’s YES Period typically occurs December 25th through January 1st of each calendar year.

F.6 DELIVERABLES

The Contractor shall provide the following deliverables listed below with each shipment of material and shall be marked to the attention of the COR:

(a) Contractor Certifications and Reports: As described in Section 4.5.1 of Attachments A of this contract (see FAR clause 52.246-15 in Section E.2 above).

(b) Inspection and Testing Reports: As described in Section 4.2.1 of Attachment A of this contract. The results shall be provided for each batch of material supplied to BEP.

(c) Control Charts: As described in Section 4.5.2 of Attachment A of this contract. These charts shall be provided on a quarterly basis.

F.7 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by BEP of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 30 days before the performance/delivery/completion date specified in the order.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

(a) This contract will be administered by:

Bureau of Engraving and Printing Office of Acquisition 14th and C Streets, S.W.

Washington, D.C. 20228-0001

(b) Written communication to the CO shall make reference to the contract number.

G.2 DTAR CLAUSE 1052.201-70 CONTRACTING OFFICER'S REPRESENTATIVE

(COR) -- DESIGNATION AND AUTHORITY (AUG 2011)

(a) The Contracting Officer’s Representation is [to be designated by the Contracting Officer at contract award] and can be reached at:

Office of Materials Technology, Attn: [to be inserted at time of contract award] 14th and C Streets, S.W.

Washington, D.C. 20228-0001 Telephone: [to be inserted at time of contract award] Email: [to be inserted at time of contract award]

(b) Performance of work under this contract shall be subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled “Changes”;

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the contractor’s right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the contractor’s employees.

(d) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes”.

G.3 DTAR 1052.232-7003 – ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(AUG 2013):

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ``Payment documentation and process'' and the applicable Payment clause included in this contract.

(2) [Reserved]

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973- 3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

G.4 FAR CLAUSE 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TYPE OF CONTRACT

This is a five (5) year Firm Fixed-Price Indefinite Delivery Indefinite Quantity type contract with an Economic Price Adjustment (EPA).

H.2 ORDERING AUTHORITY AND PROCEDURES

(a) Delivery orders under this contract shall be issued by authorized and warranted Contracting Officers of the following activity:

Office of Acquisitions 14th and C Streets, S.W.

Washington, DC 20228-0001

(b) Generally, delivery orders will be placed in writing using BEP Optional Form 347 or other form deemed acceptable by BEP. If the need arises, the Contracting Officer may place a verbal delivery order. Oral delivery orders will be confirmed in writing as soon as practical. At a minimum, each delivery 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 an acceptable means of transmission (e.g. fax, e-mail). The issuance date of a Delivery order for this contract shall be the date authorized by a warranted CO.

(c) The Government may place multiple Delivery orders over the life of this contract.

H.3 CONFIDENTIALITY OF INFORMATION

The Contractor agrees that all information provided by representatives of BEP, either before or after contract award, concerning the design, manufacture, processing or transporting of United States currency is nonpublic. Such information will be shared only with employees or agents of the company having a need to know, and will not be disclosed to other persons without the written consent of the CO.

H.4 SECURITY REQUIREMENTS

BEP’s facilities are considered to be secure government facilities; therefore visitors to BEP may be given a visitor’s security badge by security personnel and escorted by Government authorized personnel. Visitor security badges shall be worn above the waist, clearly visible, with picture or front side front forward at all times. Visitor security badges are to be returned upon leaving the site.

H.5 POST AWARD MEETING

At its discretion, BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to: introduce key participants and explain their roles, review deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The Contracting Officer will provide advance notice, agenda and, meeting days and time; which will be between 8AM-4PM Eastern. If BEP determines that a post award meeting is necessary, the day(s) and time(s) of any such meeting will be determined after contract award.

H.6 CONTROL AND DISPOSAL OF HAZARDOUS CHEMICALS

The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far

CLAUSE

NUMBER TITLE DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS APR 2014

AND REQUIREMENTS TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON MAY 2011

POSTCONSUMER FIBER CONTENT PAPER

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013

OBLIGATIONS

52.242-15 STOP-WORK ORDER AUG 1989

52.243-1 CHANGES—FIXED-PRICE AUG 1987

52.246-4 INSPECTION OF SERVICES—FIXED PRICE AUG 1996

I.2 FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (MAY 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures

I.3 FAR CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2014)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

___(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___(5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

__(10) [Reserved]

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (NOV 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

___(13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

__(ii) Alternate I (NOV 2011).

__(iii) Alternate II (NOV 2011).

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

644).

___(ii) Alternate I (OCT 1995) of 52.219-7.

___(iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (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.

__(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

___(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN…