Draft 6HQOIG-24-A-0006 v4 Full.pdf

ORDER / SOLICITATION / OFFER / AWARD

14. BILLING ADDRESS

SEE SCHEDULEORAL

RFP

12. DELIVERY10. ACO CODE

RFQ

7. For Information Call 8. OFFER DUE DATE/TIMEB. TELEPHONE NO.A. NAME

4. MASTER CONTRACT NO.3. AWARD/EFFECTIVE DATE 6. SOLICITATION ISSUE DATE5. SOLICITATION NO.

OFFEROR TO COMPLETE BLOCKS 13, 15, 21, 22, 24A and 27

1. REQUISITION NO. PAGE

13. SUPPLIER

9. ISSUED BY

2. CONTRACT/ORDER NO.

C. FAX NO.

11. SOLICITATION METHOD

EMAIL:

TELEPHONE: FAX:

EMAIL:

15. REMITTANCE ADDRESS 16. DELIVERY ADDRESS

TELEPHONE:

DELIVER BY/END DATE:

6HQOIG-24-A-0006

ROBERT L. JOHN III (571) 438-1655 1700 ET

UNITED STATES POSTAL SERVICE

OFFICE OF INSPECTOR GENERAL

1735 N LYNN ST 2ND FLR

ARLINGTON VA 22209-2020

US

rjohn@uspsoig.gov

OF

X

CODE 6HQOIG

CODE

CODE

TELEPHONE: FAX:

EMAIL:

CHECK EFT

FOB ORIGIN

FOB DESTINATION

CODE

CODE

22.

AMOUNT

21.

UNIT PRICE

20.

UNIT

19.

QUANTITY

18.

SCHEDULE OF SUPPLIES AND SERVICES

17.

ITEM NO

This DRAFT solicitation is for the Office of the

Chief Information Officer (OCIO) support services.

Projected Period of Performance: 02/12/2025 to

02/11/2030.

The minimum guarantee of each contract shall be

$30,000.

The maximum ceiling value of each contract shall be $60,000,000. This total ceiling value includes all tasks and travel.

Continued ...

The supplier agrees, subject to the terms and conditions specified herein, to provide and deliver all items identified above and on any additional sheets.

28. UNITED STATES POSTAL SERVICE (CO's Name, Date, Signature)

PAYMENT DISCOUNT(S) AWARDED (USPS Use Only)

27. SUPPLIER (Name, Date, Signature)

The supplier is required to sign this document and return

24 A.

25.

26. Award of Contract: Your offer on this solicitation is accepted as to item numbers:

X

24 B.

PAYMENT DISCOUNT(S) OFFERED

23.

TOTAL AWARD AMOUNT (USPS Use Only) copies to the issuing office.

(Offeror to the above Solicitation)

TELEPHONE: TELEPHONE:

TITLE: TITLE:

EMAIL:EMAIL:

ROBERT L. JOHN III

PS Form 8203 (July 2021)

2 2

OFPAGEREQUISITION NO.

ISSUE DATE

SOLICITATION

6HQOIG-24-A-0006

SOLICITATION NO.MASTER CONTRACT NO.

EFFECTIVE DATE

AWARD/CONTRACT/ORDER NO.

17.

ITEM NO

22.

AMOUNT

21.

UNIT PRICE

20.

UNIT

19.

QUANTITY

18.

SCHEDULE OF SUPPLIES AND SERVICES

CONTINUATION SHEET

1 The Supplier shall provide OCIO Support Services in accordance with Attachment 1 (SOW) Attachment

2 (Additional OIG Terms and conditions)

Attachment 3 (Labor categories) and Attachment 4

(Pricing sheet). Period of performance is

02/12/2025 to 02/11/2030.

PS Form 8203 (July 2021)

1 - PART 1 - COVER SHEET AND SCHEDULE

ACKNOWLEDGMENT OF AMENDMENTS

INVOICE STATEMENT

DUNS NUMBER REQUEST

PRIVACY ACT STATEMENT

2 - PART 2 - PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

PROVISIONS BY FULL TEXT

3 - PART 3 - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

CLAUSES BY FULL TEXT

4 - PART 4 - LIST OF ATTACHMENTS

1 - PART 1 - COVER SHEET AND SCHEDULE

ACKNOWLEDGMENT OF AMENDMENTS

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

Amendment Number Date Amendment Number Date

INVOICE STATEMENT

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

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

All payments for this award and related orders will be transmitted or sent to the Remittance Address on the Award document or latest modification, regardless of any Remittance Address on the invoice. The Supplier must notify the Contracting Officer of any change to the Supplier name and/or Remittance Address.

DUNS NUMBER REQUEST

As the United States Postal Service continues to automate its cradle to grave contracting process, there is a need to have a unique way of identifying the Supplier for communication purposes that excludes the Supplier's Tax Identification Number and easily known by the Supplier's personnel. Therefore, to effectively establish this communication link, USPS' Contracting and Authoring Management System (CAMS) must have the Supplier's Data Universal Numbering System (DUNS) number in the Supplier's record within CAMS.

Please furnish the below information to the Buyer/Contracting Officer of this document.

DUNS #: ____________________

TIN #, associated to the above DUNS #: __________________________

PRIVACY ACT STATEMENT

To the extent that the information you provide is about an individual, the Privacy Act will apply. Collection of that information is authorized by 39 USC § 401. As a routine use, the information may be disclosed to an appropriate government agency, domestic or foreign, for law enforcement purposes; where pertinent, in a legal proceeding to which the USPS is a party or has an interest; to a government agency in order to obtain information relevant to a USPS decision concerning employment, security clearances, contracts, licenses, grants, permits, or other benefits; to a government agency upon its request when relevant to its decision concerning employment, security clearances, security, or suitability investigations, contracts, licenses, grants, or other benefits; to a congressional office at your request; to an expert, consultant, or other person under contract with the USPS to fulfill an agency function; to the Federal Records Center for storage; to the Office of Management and Budget for review of private relief legislation;

to an independent certified public accountant during an official audit of USPS finances;

to an investigator, administrative judge or complaints examiner appointed by the Equal Employment Opportunity Commission for investigation of a formal EEO complaint under 29 CFR 1614; to the Merit Systems Protection Board or Office of Special Counsel for proceedings or investigations involving personnel practices and other matters within their jurisdiction; to a labor organization as required by the National Labor Relations Act; to a federal, state or local agency, financial institution or other appropriate entity for the purpose of verifying an individual's or entity's eligibility or suitability for engaging in a transaction. In addition, the following disclosures may be made to any person: a solicitation mailing list when a purchase is highly competitive and competitions will not be harmed by release, or to provide an opportunity for potential subcontractors seeking business; a list of lessors of real or personal property to the Postal Service; a list of entities with whom the Postal Service transacts for goods or services, interests in real property, construction, financial instruments, or intellectual property; and the identity of the successful offeror. Completion of this form is voluntary; however, if this information is not provided, we will be unable to process your request.

2 - PART 2 - PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

PROVISION 4-3 Representations and Certifications (October 2019)

The above provisions are incorporated by reference as if set forth in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. The text of these provisions may be accessed electronically at this address: http://about.usps.com/manuals/spp/spp.pdf or, upon request, will be provided by the contracting officer.

PROVISIONS BY FULL TEXT

PROVISION A-1 Restriction on Disclosure and Use of Data (March 2006)

Offerors that include in their proposals data they do not want used or disclosed by the Postal Service for any purpose other than proposal evaluation may take the following steps:

a. Include on the title page or in the introductory material of their proposal the following:

"This proposal includes data that may not be duplicated, used, or disclosed outside the Postal Service - in whole or in part - for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of - or in connection with - the submission of such data, the Postal Service will have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Postal Service's right to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (Offeror insert numbers or other identification of sheets)."

b. Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."

PROVISION A-2 Solicitation for Information or Planning Purposes (March 2006)

a. The Postal Service does not intend to award a contract on the basis of this solicitation or to pay for the information solicited.

b. This solicitation is issued for the purpose of: receiving supplier feedback on a future RFP.

PROVISION 1-1 Supplier Clearance Requirements (September 2021)

The contract resulting from this solicitation will require the contractor or its employees (including subcontractors and their employees) to have access to occupied postal facilities, and/or to postal information and resources, including postal computer systems. Clearance in accordance with Administrative Support Manual 272.4 will be required before that access will be permitted. It is the contractor's obligation to obtain and supply to the Postal Service the forms and information required by that regulation.

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

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

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

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

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

PROVISION 2-3 Evaluation of Options (October 2019)

a. The evaluation of options at time of award does not obligate the Postal Service to exercise the options.

b. Unless it is determined that the evaluation of options is not in the best interest of the Postal Service, proposals will be evaluated as to offered price(s) of the base requirement, option requirements, and in the aggregate.

c. If the Postal Service elects to exercise an option with the initial contract award, proposals will be evaluated by adding the price of the base contract to the price of the option(s) exercised with the initial award.

d. Any proposal containing options that is materially unbalanced as to prices for base and option quantities may be disregarded as unacceptable. An unbalanced proposal is one that is based on prices significantly less than cost for some work and prices that are significantly overstated for other work.

PROVISION 4-1 Standard Solicitation Provisions (June 2020)

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

(1) Solicitation number;

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

(3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Terms of any expressed warranty;

(5) Price and any discount terms;

(6) "Remit to" address, if different than mailing address;

(7) A completed copy of the representations and certifications;

(8) Acknowledgment of Solicitation Amendments;

(9) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items, and other references (including contract numbers, point of contact, with telephone numbers, and other relevant information); and

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

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

c. Product Samples. When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples must be submitted at no expense to the Postal Service and returned at the sender's request and expense, unless they are destroyed during preaward testing.

d. Multiple Offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

f. Type of Contract. The Postal Service plans to award a IDIQ contract under this solicitation, and all proposals must be submitted on this basis. Alternate proposals based on other contract types will [ ] will not X be considered.

g. Contract Award. The Postal Service may evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. Discussions may be conducted if the Postal Service determines they are necessary. The Postal Service may reject any or all offers if such action is in the best interest of the Postal Service; accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

h. Multiple Awards. The Postal Service may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Postal Service reserves the right to make an award on any items for quantity less than the quantities offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

i. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it, and its date. The text of incorporated terms may be found at https://about.usps.com/manuals/pm/welcome.htm.

If checked, the following provision is incorporated in this solicitation by reference: (Contracting officer will check as appropriate.)

[ ] Provision 9-5: Compliance with Veterans' Employment Reporting Requirements

PROVISION 4-2 Evaluation (October 2019)

a. General. The Postal Service will award a contract resulting from this solicitation to the offeror whose offer conforming to the solicitation is deemed to offer the Postal Service the best value, price and other factors, as specified, considered. The following evaluation factors will be used in the evaluation of offers:

Please refer to Attachment 4 of the solicitation for the technical evaluation factors

b. Options. The Postal Service will X will not [] evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Postal Service may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options will not obligate the Postal Service to exercise the option(s).

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

PROVISION 9-1 Equal Opportunity Affirmative Action Program (March 2006)

The offeror, by checking the applicable block or blocks, represents that it

(1) __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) and __ has, __ has not filed the required reports with the Joint Reporting Committee, or

(2) __ has not previously had contracts subject to the written affirmative action program requirement of the rules and regulations of the Secretary of Labor.

PROVISION 9-2 Preaward Equal Opportunity Compliance Review (March 2006)

If the contract award will be $10 million or more, the prospective supplier and its known first-tier subcontractors with subcontracts of $10 million or more will be subject to a preaward compliance review. In order to qualify for award, the prospective supplier and first-tier subcontractors must be found in compliance pursuant to 41 CFR 60-1.20.

3 - PART 3 - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The above clauses are incorporated by reference as if set forth in full text. The text of these clauses may be accessed electronically at this address:

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

CLAUSES BY FULL TEXT

CLAUSE B-1 Definitions (March 2006)

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

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

b. Subcontracts. Except as otherwise provided in the contract, the term includes purchase orders under this contract.

CLAUSE B-3 Contract Type (March 2006)

This is a IDIQ contract.

CLAUSE 1-1 Privacy Protection (October 2014)

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

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

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

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

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

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

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

(5) Legal Demands for Information - If a legal demand is made for Postal Service Personal Information (such as by subpoena), the supplier must immediately notify the contracting officer and follow the applicable requirements in 39 CFR, sections 265.11 and 265.12. After notification, the Postal Service will determine whether and to what extent to comply with the legal demand.

Should the Postal Service agree to or unsuccessfully resist a legal demand, the supplier may, with the written permission of the contracting officer, release the information specifically demanded.

c. Online Assistance - If the supplier assists in the design, development, or operation of a Postal Service customer Web site, or if it designs or places an ad banner, button, or link on a Postal Service Web site or any Web site on the Postal Service's behalf, the supplier must comply with the limitations set forth in the Official Postal Service Privacy Policy (see b.1, above). Exceptions to these limitations require the prior written approval of the contracting officer and the Postal Service's Chief Privacy Officer.

d. Marketing E-Mail - If the supplier assists the Postal Service in conducting a marketing e-mail campaign, the supplier does so as an agent of the Postal Service and must adhere to the Postal Service policies set out in Postal Service Management Instruction AS-350- 2004-4, Marketing E-mail. Suppliers wishing to conduct marketing email campaigns to postal employees must first obtain the prior written approval of the contracting officer.

e. Audits - The Postal Service may audit the supplier's compliance with the requirements of this clause, including through the use of online compliance software.

f. Indemnification - The supplier will indemnify the Postal Service against all liability (including costs and fees) for damages arising out of violations of this clause.

g. Flow-down - The supplier will flow this clause down to any and all subcontractors.

CLAUSE 1-5 Gratuities or Gifts (March 2006)

a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the supplier or the supplier's agent or other representative:

(1) Offered or gave a gratuity or gift (as defined in 5 CFR 2635) to an officer or employee of the Postal Service; and

(2) Intended by the gratuity or gift to obtain a contract or favorable treatment under a contract.

b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

CLAUSE 1-7 Organizational Conflicts of Interest (March 2006)

a. Warranty Against Existing Conflicts of Interest. The supplier warrants and represents that, to the best of its knowledge and belief, it does not presently have organizational conflicts of interest that would diminish its capacity to provide impartial, technically sound, objective research assistance or advice, or would result in a biased work product, or might result in an unfair competitive advantage, except for advantages flowing from the normal benefits of performing this agreement.

b. Restrictions on Contracting. The supplier agrees that during the term of this agreement, any extensions thereto, and for a period of 2 years thereafter, neither the supplier nor its affiliates will perform any of the following:

(1) Compete for any Postal Service contract for production of any product for which the supplier prepared any work statement or specifications or conducted any studies or performed any task under this agreement.

(2) Contract (as the provider of a component or the provider of research or consulting services) with any offeror competing for any Postal Service contract for production of any product for which the supplier prepared any work statements or specifications or conducted any studies or performed any task under this agreement.

(3) Contract (as the provider of a component or the provider of research or consulting services) with the offeror which wins award of a Postal Service contract for production of any product for which the supplier prepared any work statement or specifications or conducted any studies or performed any task under this agreement.

c. Possible Future Conflicts of Interest. The supplier agrees that, if after award of this agreement, it discovers any organizational conflict of interest that would diminish its capacity to provide impartial, technically sound, objective research assistance or advice, or would result in a biased work product, or might result in an unfair competitive advantage, except advantages flowing from the normal benefits of performing this agreement, the supplier will make an immediate and full disclosure in writing to the contracting officer, including a description of the action the supplier has taken or proposes to take to avoid, eliminate, or neutralize this conflict of interest.

d. Nondisclosure of Confidential Material

(1) The supplier recognizes that, in performing this agreement, it may receive confidential information. To the extent that and for as long as the information is confidential, the supplier agrees to take the steps necessary to prevent its disclosure to any third party without the prior written consent of the contracting officer.

(2) The supplier agrees to indoctrinate its personnel who will have access to confidential information as to the confidential nature of the information, and the relationship under which the supplier has possession of this information.

(3) The supplier agrees to limit access to the confidential information obtained, generated, or derived, and to limit participation in the performance of orders under this agreement to those employees whose services are necessary for performing them.

e. Postal Service Remedy. If the supplier breaches or violates any of the warranties, covenants, restrictions, disclosures or nondisclosures set forth under this clause, the Postal Service may terminate this agreement, in addition to any other remedy it may have for damages or injunctive relief.

CLAUSE 1-11 Prohibition Against Contracting with Former Officers or PCES Executives (March 2006)

During the performance of this contract, former Postal officers or Postal Career Executive Service (PCES) executives are prohibited from employment by the contractor as key personnel, experts or consultants, if such individuals, within 1 year after their retirement from the Postal Service, would be performing substantially the same duties as they performed during their career with the Postal Service.

CLAUSE 1-12 Use of Former Postal Service Employees (March 2006)

During the term of this contract, the supplier must identify any former Postal Service employees it proposes to be engaged, directly or indirectly, in contract performance. Such individuals may not commence performance without the contracting officer's prior approval. If the contracting officer does not provide such approval, the supplier must replace the proposed individual former employee with another individual equally qualified to provide the services called for in the contract.

CLAUSE 2-19 Option to Extend (Short Term) (October 2019)

The Postal Service may require the supplier to extend and continue in performance at the same delivery/performance rate and at the unit prices specified in the schedule. The contracting officer may exercise this option by giving the supplier advance written notice of the requirement to continue performance at least 30 days prior to the expiration of the contract term. This option may be exercised more than once, but the duration of each extension shall not exceed 90 days and the sum of all extensions made pursuant to this clause shall not in the aggregate exceed 6 months.

CLAUSE 2-20 Option Period (September 2021)

The Postal Service may extend the term of this contract within the limits and at the prices stated in the schedule. The contracting officer may exercise this option at any time within the contract term by giving the supplier at least 60 days (unless a different number of days is specified within the schedule) written notice prior to the expiration of the contract term. If the Postal Service exercises this option, the extended contract includes this option clause as applicable to any remaining option periods stated in the schedule. The total duration of this contract, including exercised option period extensions, may not exceed the time limit set forth in the schedule.

CLAUSE 2-38 Payment (Time-and-Materials and Labor-Hour Contracts) (October 2019)

The Postal Service will pay the supplier as follows upon submission of invoices or vouchers approved by the contracting officer or a designated individual:

a. Hourly Rate

(1) Hourly rate means the fixed hourly rate that includes all cost elements such as direct labor, overhead, general and administrative expenses, and profit for each labor category prescribed in the contract that are:

(a) Performed by the supplier;

(b) Performed by the subcontractors; or

(c) Transferred between divisions, subsidiaries, or affiliates of the supplier under a common control.

(2) The amounts will be computed by multiplying the appropriate hourly rate prescribed in the schedule by the number or direct labor hours performed. Fractional parts of an hour will be payable on a prorated basis.

(3) The hourly rate will be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(4) Vouchers may be submitted once each month (or at more frequent intervals if approved by the contracting officer). The supplier will substantiate vouchers by evidence of actual payment and by individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract; or other substantiation approved by the contracting officer. Promptly after receipt of each substantiated voucher, the Postal Service will, except as otherwise provided in this contract, and subject to the terms of paragraph d. below, pay the voucher as approved by the contracting officer or designated individual.

(5) Unless otherwise prescribed in the schedule, the contracting officer may unilaterally issue a contract modification requiring the supplier to withhold from its billings until a reserve is set aside in an amount the contracting officer considers necessary to protect Postal Service interests. The contracting officer may require a withholding of five percent of the amounts due under paragraph a., but the total amount withheld may not exceed $50,000. The amounts withheld will be retained until the execution and delivery of the release required by paragraph f. of this clause.

(6) Unless the schedule prescribes otherwise, the hourly rates in the schedule must not be varied by virtue of the supplier having performed work on an overtime basis. If no overtime rates are provided in the schedule and overtime work is approved in advance by the contracting officer, overtime rates may be negotiated. If the schedule provides for overtime rates, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the contracting officer.

b. Materials and Subcontracts

(1) Material costs are the following:

(a) Costs for direct materials such as raw materials, parts, subassemblies, components, and manufacturing supplies, that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service, whether purchased or manufactured by the supplier, and may include such collateral items as inbound transportation and in-transit insurance.

(b) Costs of subcontracts for supplies and incidental services for which there is not a labor category specified in the contract.

(c) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.).Applicable indirect costs.

(2) Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the supplier's usual accounting procedures, but only to the extent they are clearly excluded from the hourly rate.

(3) If the supplier furnishes its own materials that are considered a commercially available item, the price to be paid for such materials shall not exceed the supplier's established catalog or market price, adjusted to reflect the:

(a) Quantities being acquired; and

(b) Actual cost of any modifications necessary because of contract requirements; or

(c) Other negotiated price.

(4) Allowable costs of direct materials will be determined by the contracting officer in accordance with Section 2-34, Conduct Price/Cost Analysis, of the Postal Service Supplying Principles and Practices in effect on the date of this contract. Reasonable and allocable material handling costs may be included in the charge for materials to the extent they are clearly excluded from the hourly rate. Profit or fees will not be paid on the cost of materials or materials handling.

(5) The actual costs of subcontracts that are authorized under the Subcontracts clause of this contract are reimbursable; provided, they are consistent with subparagraph (6) following.

(6) To the extent possible, the supplier must:

(a) Obtain materials at the most advantageous prices available, with due regard to securing prompt delivery of satisfactory materials; and

(b) Take all available cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the supplier will promptly notify the contracting officer and give the reasons. Credit will be given to the Postal Service for cash and trade discounts, rebates, allowances, credits, salvage, the value of any appreciable scrap, commissions, and other amounts that have accrued to the benefit of the supplier, or would have accrued except for the fault or neglect of the supplier. The benefits lost without fault or neglect on the part of the supplier, or lost through no fault of the contracting officer, will not be deducted from gross costs.

(7) Profit or fees will not be paid on the cost of subcontracts for materials or for services that are not covered by a labor category.

c. Total Cost. It is estimated that the total cost for per forming this contract will not exceed the ceiling price set forth in the schedule, and the supplier agrees to use its best efforts to perform the work within this ceiling price. Whenever the supplier has reason to believe that the aggregate total of the labor rate payments and material costs that will accrue in performing the contract in the next 60 days, if added to all other payments and costs previously accrued, will exceed the ceiling price, the supplier must notify the contracting officer, giving any revised estimate of the total price for performing this contract. , with supporting reasons and documentation. Whenever the supplier has reason to believe that the total price for this contract will be greater than or substantially less than the then stated ceiling price, the supplier must notify the contracting officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. Whenever the Postal Service has reason to believe that the work required will be greater than or substantially less than the then stated ceiling price, the contracting officer will request that the supplier provide a revised estimate of the total price for performing the work required by the contract.

d. Ceiling Price. The Postal Service is not obligated to pay the supplier any amount in excess of the ceiling price in the schedule, and the supplier is not obligated to continue performance if to do so would exceed the ceiling price, until the contracting officer notifies the supplier in writing that the ceiling price has been increased, specifying a revised ceiling price for performance under the contract. When the ceiling price is increased, any hours expended or material costs incurred in excess of the ceiling price before the increase will be allowable to the same extent as if expended or incurred afterwards.

e. Audit. At any time or times before final payment, the contracting officer may request audit of the invoices or vouchers and substantiating material. Each payment previously made will be subject to reduction to the extent of amounts, on preceding invoices or vouchers that are found by the contracting officer not to have been properly payable and will also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher or invoice designated by the supplier as the completion voucher or completion invoice and substantiating material, and upon compliance by the supplier with any required release and all other terms of this contract, the Postal Service will promptly pay any balance due. The completion invoice or voucher, and substantiating material, must be submitted by the supplier as promptly as practicable following completion of the work under this contract, but in no event later than one year (or such longer period as the contracting officer may approve in writing) from the date of completion.

f. Assignment and Release of Claims. The supplier, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of as a condition precedent to final payment, a release discharging the Postal Service, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the supplier.

(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the supplier to third parties arising out of performing this contract, that are not known to the supplier on the date of the execution of the release, and of which the supplier gives notice in writing to the Contracting Officer not more than six years after the date of the release or the date of any notice to the supplier that the Postal Service is prepared to make final payment, whichever is earlier.

Claims for reimbursement of costs (other than expenses of the supplier by reason of its indemnification of the Postal Service against patent liability), including reasonable incidental expenses, incurred by the supplier under the terms of this contract relating to patents.

CLAUSE 2-39 Ordering (February 2018)

a. Goods or services to be furnished under this contract will be ordered by authorized Postal Service credit card, issuance of delivery or task orders by contracting officers or other designated ordering officials, or alternative methods as defined in the contract, during the period and by the activities specified in the schedule.

b. Orders may be issued in writing, by written telecommunication, electronic data interchange (EDI), via catalog, other methods as defined in the contract, or orally. Oral orders, other than authorized Postal Service credit card orders, must be confirmed in writing. Orders sent by mail are considered issued when placed in the mail.

c. The supplier must report to the contracting officer in the format and intervals specified in the schedule all orders charged to an authorized Postal Service credit card.

d. All orders are subject to the terms and conditions of this contract. If there is any conflict between an order and this contract, the contract is controlling.

e. Where the Postal Service has made more than one award for goods or services, the Postal Service reserves the right to further compete orders for the goods and services required under this contract. The decision to further compete orders and whether orders will be competed among all or a selected group of suppliers holding contracts for the same or similar goods or services is at the Postal Service's discretion.

CLAUSE 2-42 Indefinite Quantity (February 2018)

a. This is an indefinite-quantity contract; the quantities of goods or services specified in the schedule are not purchased until ordered

b. Delivery or performance must be as directed in orders issued in accordance with Clause 2-39:

Ordering and the contract schedule. The supplier must furnish to the Postal Service, when ordered, the goods or services specified in the schedule up to and including the quantity designated in the schedule as the maximum. The Postal Service must order at least the quantity of goods or services designated in the schedule as the minimum. There is no limit on the number of orders that may be issued, unless specified in Clause 2-40: Delivery-Order Limitations or in the contract schedule. Orders may require delivery to multiple destinations or performance at multiple locations.

c. Any order issued during the effective period of this contract and not completed within that period must be completed by the supplier within the time specified in the order, and the rights and obligations of the supplier and the Postal Service with respect to the order will be the same as if the order were completed during the effective period of the contract.

CLAUSE 4-1 General Terms and Conditions (April 2023)

a. Inspection and Acceptance - The supplier will only tender for acceptance those goods or services that conform to the requirements of this contract. The Postal Service reserves the right to inspect or test goods or services that have been tendered for acceptance. The Postal Service may require repair or replacement of nonconforming goods or re-performance of nonconforming services at no increase in contract price. If repair, replacement or reperformance will not correct the defects or it is not possible, the Postal Service may seek an equitable price reduction or adequate consideration for acceptance of nonconforming goods or services. The Postal Service must exercise its post acceptance rights:

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

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

b. Assignment - If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with:

(1) The contracting officer;

(2) The surety or sureties upon any bond; and

(3) The office, if any, designated to make payment, and the contracting officer has acknowledged the assignment in writing.

Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service.

c. Changes:

(1) The contracting officer may, in writing, without notice to any sureties, order changes within the general scope of this contract in the following:

(a) Drawings, designs, or specifications when goods to be furnished are to be specially manufactured for the Postal Service in accordance with them;

(b) Statement of Work, Statement of Objectives or description of services;

(c) Method of shipment or packing;

(d) Places of delivery of goods or performance of services;

(e) Delivery or performance schedule;

(f) Postal Service furnished property or facilities.

(2) Any other written or oral order (including direction, instruction, interpretation, or determination) from the contracting officer that causes a change will be treated as a change order under this paragraph, provided that the supplier gives the contracting officer written notice stating:

(a) The date, circumstances, and source of the order, and

(b) That the supplier regards the order as a change order.

(3) If any such change is determined to increase or decrease the cost of performance or affect the delivery schedule, the contract will be modified to effect an equitable adjustment.

(4) The supplier's request for equitable adjustment must be asserted within 30 days of receiving a written change order.

(5) Failure to agree to any adjustment is a dispute under Clause B-9: Claims and Disputes, which is incorporated into this contract by reference (see paragraph s.). Nothing in that clause excuses the supplier from proceeding with the contract as changed.

d. Time is of the Essence - Unless otherwise agreed, the dates of delivery and performance as stated in the schedule are material terms of this contract. The supplier's unexcused delay in delivery and performance will be grounds for termination for default.

e. Reserved.

f. Reserved.

g. Invoices:

(1) The supplier's proper invoice(s) must be submitted before payment can be made.