BEP-RFP-16-0452_0_US.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

08/03/2016

X X

X

BEP-RFP-16-0452

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

117485

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Mechanochromic Materials Research and Development Services

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions 117485

Section C - Description/Specifications/Work Statement

C.1 GENERAL REQUIREMENTS

(a) Background: The Bureau of Engraving and Printing (BEP) is a component of the Department of the Treasury that designs, engraves, and prints U.S. currency and other U.S. security products. U.S. currency 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: This requirement is to conduct small-scale, early stage feasibility studies of mechanochromic materials, in order to establish the technical merit, feasibility and industrial potential of such materials for their use as security features in United States (US) Currency.

(c) Scope: The Contractor shall furnish all facilities, labor, and materials to provide R&D services to meet the Statement of Objectives and Statement of Work in accordance with the terms and conditions herein (see Section J for the List of Attachments).

Section D - Packaging and Marking

D.1 PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial shipping practices and FAR 47.208-1.

(a) Contract Number/Purchase Order Number

(b) Package number, description and quantity of items contained therein

(c) COR's name and telephone number

(d) Room number

(e) Contractor's name

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 Safety Data Sheets (SDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by BEP.

Section E - Inspection and Acceptance Terms

Clauses incorporated by reference

Article Number Reference Text 52.246-9 52.246-9 Inspection of Research and Development (Short Form) (APR 1984) 52.246-16 52.246-16 Responsibility for Supplies (APR 1984)

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the BEP appointed COR in accordance with the FAR clause 52.246-8, Attachments A-E of this document, and will be performed unless otherwise necessary at the place of delivery.

E.2 QUALITY ASSURANCE

Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification. Except as otherwise specified, the Contractor may utilize its own facilities or any commercial laboratory acceptable to the Government.

Section F - Delivery or Performance

Line Item: 0001 Delivery Date Delivery Address

7/1/17 BEP-ECF

14th and C Streets, S.W.

Washington DC 20228-0001

US

Clauses incorporated by reference

Article Number Reference Text 52.242-15 Alt I 52.242-15 Stop-Work Order (AUG 1989) Alternate I (APR 1984) 52.247-35 52.247-35 F.o.b. Destination, within Consignee's Premises (APR 1984)

F.1 PLACE OF DELIVERY

Deliverables as required during the performance of the CLINS specified in Section B of this contract shall be delivered f.o.b.

destination within consignee's premises in accordance with Attachment A of this contract. The consignee for receipt of the deliverables is specified in Section G.2 below.

F.2 BEP YEAR END SHUTDOWN (YES) 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 is applicable only to the ECF and deliveries to the WCF will not be affected.

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

F.3 GURANTEED FINAL REPORT/SAMPLES

If this contract is terminated prior to completion, the Contractor agrees to provide the most advanced feature exemplars in accordance with the SOO and a final summary report of exemplar activities from the last quarterly report. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said advanced feature exemplars.

Section G - Contract Administration Data

Requesting Office Address

BEP-PROD_DEVEL

Bureau of Engraving and Printing Office of Product Development 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Sierra-Sastre, Yajaira Yajaira.Sierra-Sastre@bep.gov

COTR Office Address

BEP-PROD_DEVEL

Bureau of Engraving and Printing Office of Product Development 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Sierra-Sastre, Yajaira Yajaira.Sierra-Sastre@bep.gov

Issuing Office Address

BEP-ACQUISITION

Bureau of Engraving and Printing Office of Acquisition 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Palmer, Michael Michael.Palmer@bep.gov https://www.opm.gov/fedhol/

Clauses incorporated by full text

1052.201-70 DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (APR 2015)

(a) The COR is TBD.

(b) Performance of work under this contract is 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, and/or 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 contract 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 contract specification(s)/work statement;

(2) Constitutes a change as defined in FAR clause 52.212-4(c);

(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 must 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 the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause)

1052.232-7003 DTAR 1052.232-7003 Electronic Submission of Payment Requests (APR 2015)

(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), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

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

(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.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.

Section H - Special Contract Requirements

H.1 TYPE OF CONTRACT

The government contemplates award of a Firm Fixed Price (FFP) Research & Development (R&D) Level of Effort contract.

H.2 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provision of this contract, including applicable specification(s)/work statement, shall be binding on the Government unless furnished or agreed to in writing by the CO.

H.3 NON-DISCLOSURE OF INFORMATION & DATA

(a) The Contractor agrees that all information provided by representatives of the BEP, either before or after contract award, concerning the design, manufacture, processing or transporting of United States banknote currency is nonpublic. Such information will be shared only with employees or agents of the company that are required to have knowledge of this requirement, and shall not be disclosed to other persons without the written consent of the CO.

(b) During the period of performance of the contract, the Contractor may be granted access to sensitive information and data, which is the sole property of the BEP, as well as proprietary information and data, which is the sole property of entities other than the contracting parties. The Contractor agrees to maintain the confidentiality of all such information and data and shall not disclose any information and data, interpretations of, and/or derivatives of, such information and data to any unauthorized party without the express written approval of the CO, or of the party in which title is wholly vested. The Contractor hereby agrees to include this clause in all subcontracts or consulting agreements relating to work under this contract.

(c) The Contractor will be required to execute a Non-Disclosure Agreement (NDA) with the BEP and it shall be incorporated as Attachment A.

H.4 INTELLECTUAL PROPERTY

The U.S. Code requires the use of distinctive materials on Federal Reserve Notes (FRN), including distinctive paper and distinctive counterfeit deterrent technologies. It is the U.S. Government's intent that the Contractor develops several security features, which may be based on the Contractor's existing technology for use in FRNs that may be patentable or otherwise protectable under title 35 of the U.S. Code. In the event the security feature or any aspect of it is patentable, it would be considered a "subject invention" made in the performance of work under this contract as defined in FAR Part 52.227-11(a).

The security features and/or the "subject invention" shall be novel, useful, and non-obvious to a person having ordinary skill in the pertinent art. The desired security feature and/or "subject invention" is an intaglio printed optical waveguide that functions in a device-assisted, human-interpreted mode and that is clearly distinguishable from any invention and/or technology available in the global market. The new feature may consist of a new material, new process, some combination of both or be a new deployment of known materials that results in a novel effect. The security feature and/or the "subject invention" shall conform to the requirement provided in 31 C.F.R. Part 601. The design of the security feature utilizing the " subject invention" in FRNs per se is not the "subject invention".

A security feature and/or "subject invention" shall cease to be a security feature and/or "subject invention" when it is not covered by a contract and/or agreement between the BEP and the Contractor. Hence, a security feature and/or "subject invention" that is covered by a contract and/or agreement between the BEP and the Contractor but that has not been adopted for use in FRNs can be a counterfeit deterrent technology made in the performance of work under this contract. The U.S.

Government will not acquire rights in the Contractor's intellectual property regarding any existing technology or non-subject inventions.

This section addresses the allocation and protection of rights in the following areas: 1) patents and inventions, copyrights and trade secrets, and other data generated or used in the performance of the contract; 2) the U.S. Government authorization and consent to use the Contractor's intellectual property generated or used in the performance of the contract under the condition that the Contractor ensures the security feature and/or "subject invention" are for exclusive use of the U.S. Government; and

3) the Contractor's liability for licensing any of its intellectual property generated under the performance of the contract or disclosing any data related to the security features and/or "subject inventions" to third parties without the consent of the U.S.

Government.

The Contractor will incorporate the substance of this clause, its terms, and requirements in all subcontracts under this contract.

(a) License

(1) Patents and Inventions: With respect to any patent that is granted with claims covering any of the "subject invention(s)" developed under this contract, the U.S. Government shall obtain an exclusive, nontransferable, irrevocable, paid-up license to use the "subject invention". "Subject inventions" include inventions first conceived or actually reduced to practice during the performance of the contract. In those cases where the U.S. Government receives title to the "subject invention", the Contractor will not obtain a license to practice the "subject invention" and will provide the U.S. Government with any data and/or information generated during the performance of the contract that is required to file a patent application.

(2) Copyrights and Trade Secrets: Copyright and Trade Secrets license rights related to any security feature and/or "subject invention" developed under this contract are jointly referred to as data rights as defined in FAR Part 52.227-14. The U.S.

Government shall obtain an exclusive, nontransferable, irrevocable, paid-up license to use, prepare derivative works, perform, display, reproduce, or distribute any data related to a security feature and/or "subject invention". With respect to any copyright and/or trade secret related to a security feature and/or "subject invention" created or developed during the performance of work under this contract, the Contractor shall not use, prepare derivative works, perform, display, reproduce, or distribute any data related thereto. The Contractor acknowledges that any data and/or information concerning a security feature and/or "subject invention" created during the performance of this contract and before a patent application is filed is a trade secret as defined in title 18 of the U.S. Code. If the Contractor elects not to file a patent application on a "subject invention" all data, discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports related thereto, and all other proprietary information and all similar or related information in any format (whether or not patentable) that relates to a security feature and/or "subject invention" shall be deemed to constitute a trade secret for exclusive use of the U.S. Government.

(3) Other Data: In the performance of this contract, the U.S. Government may provide the Contractor with Sensitive but Unclassified (SBU) information. SBU information provided to the Contractor shall be marked with a restrictive notice and shall be protected by the Contractor in accordance with the contract. In addition, the Contractor may not assert intellectual property rights in any information provided by the U.S. Government.

(b) Exclusivity of Use

For the U.S. Government to consider a security feature and/or "subject invention", the Contractor must adhere to this exclusivity clause for the duration of any contract and/or agreement between the BEP and the Contractor covering the security feature and/or "subject invention" (the "Exclusivity Period"). The Contractor gives the U.S. Government exclusive authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture of the security feature and/or "subject invention" covered by any intellectual property made under this contract. The Contractor may not enter into contracts and/or agreements regarding a security feature and/or "subject invention" with third parties during the Exclusivity Period. If the Contractor fails to adhere to this exclusivity prerequisite, the U.S. Government may decide to cease all work with the Contractor and not use the security feature and/or "subject invention" being developed herein in FRNs. In addition, the U.S. Government expects the Contractor to adhere to the exclusivity requirement regarding the security feature(s) and/or "subject invention(s)" incorporated in FRNs in perpetuity, in accordance with 18 U.S.C. § 474A. If the Contractor seeks to disclose or use a security feature and/or "subject invention" or any intellectual property related thereto developed under this contract in any other business opportunity, the Contractor shall submit, in writing, a letter notifying the CO and COR, as soon as reasonably possible, of its plan for use of the security feature and/or "subject invention" and/or any intellectual property developed by the Contractor under this contract.

(c) Contractor's Liability

Any distinctive counterfeit deterrent technology (whether or not patentable) developed under this contract will be governed by 31 C.F.R. Part 601 and 18 U.S.C. § 474A. The Contractor shall be liable throughout the development of the security feature(s) and/or "subject invention(s)" for its disclosure of any information or data related thereto since such disclosure may destroy the value of the distinctive counterfeit deterrents technology use in FRNs. In addition, the Contractor acknowledges that it shall be liable to the U.S. Government for, without express written permission from the U.S. Government, licensing to third parties any intellectual property rights and/or data generated under the performance of this contract pertaining to the security feature(s) and/or "subject invention(s)" adopted for use in FRNs or covered by a contract and/or agreement between the BEP and the Contractor but that has not been adopted for use in FRNs. In case of such violation, the Contractor shall be liable to the U.S. Government for the costs affiliated with such a violation, including but not limited to recovery of the costs of this and other related contracts and other costs the U.S. Government determines appropriate.

H.5 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.

The Contractor shall meet and comply with all requirements and instructions from the Bureau's Office of Security and adhere to the Security Classification Guide (See Attachment H).

(a) Contractor and subcontractor employees requiring access to BEP shall be subject to a background investigation and favorable adjudication. They must also be "identity proofed" in accordance with Homeland Security Presidential Directive 12 (HSPD 12). Personal identity verification will be performed before assignment to perform work under the contract. All positions under the contract will be assigned a "position sensitivity level." Position sensitivity levels range from HIGH RISK to LOW RISK. Position sensitivity levels are determined based on access to currency manufacturing areas and processes required by the position.

(1) The Project Manager and all personnel performing within a supervisory or lead role shall be capable of passing a HIGH RISK – Full background check.

(2)All other personnel shall be capable of passing a MEDIUM Risk background check.

The COR will notify the Contractor of any changes to the position sensitivity level for personnel performing under the contract. The COR will also coordinate with BEP Security Division to concerning any adjustments to the position sensitivity levels. If any adjustments are made the COR will notify the Contractor.

(b) Upon contract award the Contractor shall furnish BEP COR a list of persons under employment consideration, to include the full legal name, social security numbers, date, city, state and country of birth. BEP's Personnel Security Branch will establish an electronic profile of the individual within the Electronic Questionnaires for Investigative Processing system (hereinafter "e-QIP") and provide a packet with instructions and additional forms that must be returned to BEP Personnel Security Branch. The COR is notified when the individual Contractor has completed an initial review of the information provided in e-QIP. The COR will then notify the Contractor to come in to BEP for fingerprinting. At this time the Contractor will bring in the additionally completed paperwork and the printed forms from e-QIP. At the time of fingerprinting, the Contractor will begin the process of PIV by providing certified copy of a birth certificate, passport or Certificate of Citizenship (to prove citizenship status) and two (2) forms of identification as outlined in Form I 9 "List of acceptable documents." (NOTE: One ID must be a Federal, State or Local government picture ID). Once completed, the contract employee will be allowed to perform limited assignments pending completion of the background investigation and adjudication; however, the contract employee must be escorted in all facility areas and will not be granted access to sensitive systems. Interim access may be granted after receipt of fingerprint results. Once favorably adjudicated, the COR will be notified and the contract employee will be brought back in to complete the PIV process and receive a BEP picture badge with level of access to the area of contract work. If the contract employee does not meet the requirements for a favorable determination for level of access required, the Contractor shall replace him/her at no additional cost to the Government.

(c) The Bureau reserves the right to deny access to its facilities and security systems, in accordance with adjudicative guidelines set forth in Executive Order 10450, its amendments, and any applicable supplemental directives (in particular, Title 5, Code of Federal Regulations, Section 731), to any individual about whom an adverse suitability determination is made. Failure to submit the required security package or to truthfully answer all questions shall constitute grounds for denial of access clearance. The Contractor shall not provide access to employees, until BEP Security Division, provides written access clearance through the COR.

(d) The Contractor is responsible for reporting adverse information (i.e., arrests, bankruptcy, etc.) that may affect the employment suitability of their employees who provide services on behalf of the Contractor to BEP. This information shall be reported to the COR within five (5) days of the Contractor becoming aware of the situation.

(e) Upon approval of the security access, the Contractor shall be given written confirmation from either the COR or the CO that the individual(s) have been cleared to work at BEP.

(f) Contractor employees or subcontractor employees who have been cleared and are working on-site at BEP's facility will be subject to an annual criminal history check. The results of the annual criminal history check will be reviewed according to the same standards as the initial investigation conducted by BEP Security Division. The annual criminal history checks will be utilized to identify potentially disqualifying suitability issues. Access to the Bureau's product or premises will be withdrawn if annual criminal history checks identify disqualifying suitability issues. Access to the Bureau's product or premises will be withdrawn if annual criminal history checks cannot be performed by BEP due to non-submission of the required information by Contractor employees.

(g) The Contractor must provide the COR with names of potential qualified new hires to replace an employee previously cleared to work at BEP with the full legal name, SSN, date, city, state and country of birth of each replacement hire. The COR or CO will notify the contractor in writing that an interim access clearance has been approved and the potential employee can be employed on this contract. The employee will be allowed to perform limited assignments; however, the employee must be escorted in all facility areas and will not be granted access to sensitive systems. If the employee does not meet the requirements for a favorable access determination for the risk level requested, the Contractor shall replace him/her at no additional cost to the Government. The COR or CO will notify the Contractor in writing that a final access has been approved and the potential employee will be issued an identification badge and allowed access to previously restricted areas.

(h) Some of the work to be performed will require access to restricted data and classified National Security information, compartmentalized information, restricted physical areas, and classified systems. All individuals proposed by the Contractor to perform requirements involving such access on a need-to-know-basis must have the appropriate security clearances (i.e.

national security clearance at the Secret level), as designated by BEP, at the time that the specific tasking is initiated. These requirements will be identified on a case by case basis and discussed between the COR, CO and BEP Personnel Security Manager prior to the start of the assignment. The Contractor must show how these requirements will be met and the depth of corporate resources available to respond to ongoing requirements.

(i) The Contractor shall exercise due diligence in pre-screening all employees for employment suitability prior to submission to BEP for agency access clearance. The Government will provide, after contract award, an example of the types of questions the Contractor may ask in screening potential employees. The questions are derived from the questionnaire Contractor employees will be required to complete online for initiating their agency access clearance. BEP will initiate the agency access procedure upon contract award for all direct labor employees where BEP facility access is necessary for performance under the contract. If a proposed Contractor employee or subcontractor employee is denied an agency access clearance or if for any reason a proposed application is withdrawn during the agency access clearance process, the contract price shall be reduced by $1,500.00 for each additional Critical Sensitive or High Risk background investigation BEP must conduct, $1,000.00 for each additional Moderate Risk background investigation and $500.00 for each additional Low Risk background investigation BEP must conduct. This subparagraph does not apply to JWOD contractors or non-profit entities.

(j) If during the performance of the contract, a Contractor or subcontractor employee is replaced, the Contractor shall coordinate with BEP to initiate the agency access clearance investigation. If BEP denies an agency access clearance to a Contractor or subcontractor employee proposed as a replacement, the contract price shall be reduced as described in section

(c) above.

H.6 KEY PERSONNEL

(a) Contractor personnel authorized and approved to perform services under this contract are considered to be Key personnel and shall not be removed or replaced without the prior written approval of the CO.

(b) Should the Contractor need to remove or replace any individual from the contract (e.g., promotion, attrition, firing, long-term illness, death, etc.) they shall notify the COR and CO in writing immediately upon realizing that a change is imminent. The Contractor shall include in the written notification an explanation as to why the removal or replacement is necessary, including the name of the individual(s) being removed or replaced, the expected date the change is to occur, a plan for maintaining current support and/or a plan for transitioning support as well as any other important information.

(c) The resume(s) of the proposed replacement(s) and/or substitute(s) shall be submitted for BEP review and assessed. The proposed replacement's qualifications and experience shall be at least equal to those of the individual(s) being replaced.

(1) The CO will notify the Contractor upon completion of BEP's review. The Contractor then can proceed with submitting the individuals' information in accord with the Security requirements and process described in Section H.8 above of this contract

(2) The Government may accept individuals with lesser qualifications and experience, but will request the Contractor to adjust its pricing.

H.7 POST AWARD MEETING

At its discretion, the 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 day(s) and time(s) of any such meeting will be determined after contract award.

H.8 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

H.9 DISCLOSURE OF CONFLICTS OF INTEREST

It is the Bureau of Engraving and Printing (BEP) policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by BEP or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy, if at any time during the performance of this contract the Contractor knows of any Conflict of Interest situation affecting the organization, any of its officers or Key Persons working under this contract, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:

(a) The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by BEP, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this contract. The interest(s) described shall include those of the Contractor, its affiliates, consultants, Subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(b) The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and / or rectify the situation, and why it believes, in light of the interest(s) identified in (a) above, that performance of the contract can still be accomplished in an impartial and objective manner.

(c) In the absence of any relevant interest identified in (a) above, the Contractor shall certify in its statement that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Contractor must obtain the same information from any potential Subcontractors prior to award of a subcontract.

(d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to BEP, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the contract, or (2) determine that it is otherwise in the best interest of the United States to continue the contract with the Contractor and (3) modify the contract to include appropriate provisions to mitigate or avoid such conflicts in the contract.

(e) If the Contractor refuses to provide the written statement called for in paragraph (a), or any additional information that the Contracting Officer may require, the Contracting Officer may terminate the Contract for convenience if he or she deems that termination is in the best interest of the Government.

H.10 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.)].

H.11 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.

H.12 INDEMNIFICATION

(a) Responsibility for Government Property: The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at his own expense, all property lost or damaged.

(b) Hold Harmless and Indemnification Agreement: The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery: Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(d) Government Liability: The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.202-1 52.202-1 Definitions (NOV 2013) 52.203-3 52.203-3 Gratuities (APR 1984) 52.203-5 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.204-4 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) 52.204-13 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.215-2 52.215-2 Audit and Records-Negotiation (OCT 2010) 52.215-8 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.222-3 52.222-3 Convict Labor (June 2003) 52.222-19 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2016) 52.222-21 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 52.222-26 Equal Opportunity (APR 2015) 52.222-37 52.222-37 Employment Reports on Veterans(FEB 2016) 52.222-40 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-50 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-1 Alt I 52.227-1 Authorization and Consent (DEC 2007) Alternate I (APR 1984 52.227-2 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-17 52.227-17 Rights in Data-Special Works (DEC 2007) 52.232-2 52.232-2 Payments under Fixed-Price Research and Development Contracts (APR 1984) 52.232-11 52.232-11 Extras (APR 1984) 52.232-23 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 52.232-25 Prompt Payment (JUL 2013) 52.232-33 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) 52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 52.233-1 Disputes (MAY 2014) 52.233-3 52.233-3 Protest after Award (AUG 1996) 52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.242-13 52.242-13 Bankruptcy (JULY 1995) 52.243-1 52.243-1 Changes-Fixed Price (AUG 1987) 52.244-6 52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.246-25 52.246-25 Limitation of Liability--Services (FEB 1997) 52.249-1 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-9 52.249-9 Default (Fixed-Price Research and Development) (Apr 1984) 52.253-1 52.253-1 Computer Generated Forms (JAN 1991) 52.204-7 52.204-7 System for Award Management (JUL 2013)

Clauses incorporated by full text

52.222-35 52.222-35 Equal Opportunity for Veterans (JUL 2014)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor.