Anilox SF-33.pdf

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

UNDER DPAS (15 CFR 700)

RATING

DO-

PAGE OF PAGES

1 29

2. CONTRACT NUMBER

XXXXXXX

3. SOLICITATION NUMBER

GPO-20958

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

US Government Printing Office 732 North Capitol Streets, NW Room A332 Washington, DC 20401

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offers in original and copies for furnishing 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 Room C161, until _--N/A--= local time N/A

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 A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION

CALL:

Cynthia D. Washington

AREA CODE

NUMBER

512-1767

EXT.

cdwashington@gpo.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 3-4 J LIST OF ATTACHMENTS

D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 5 K REPRESENTATIONS, CERTIFICATIONS

F DELIVERIES OR PERFORMANCE 6 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 7 L INSTRS., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 5 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 price 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)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

$ XXXXXX

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

XXXXX

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

SECTION – B – SUPPLIES/SERVICES AND PRICE/COST

GENERAL DESCRIPTION

The Contractor shall custom design and install a retrofit Retractable Anilox Blanket Coater system as specified herein.

This is a Firm-Fixed Price contract.

Cost/price includes all management, engineering, tools, supplies, equipment, and labor necessary to investigate the existing system and site conditions. The Contractor shall also provide training to the Government personnel as stated herein.

CLIN

Description

Quantity

Unit

Unit Price

Extended Price

Retrofit Retractable Anilox Blanket Coater System

EA

Installation, Initial Start-Up & Testing

Hours

Training

Hours

Total Cost $______________________

SECTION – C – STATEMENT OF WORK

C.1 BACKGROUND

The U.S. Government Printing Office (GPO) has a requirement for custom designing and installing a retrofit Retractable Anilox Blanket coater system specified herein.

The contractor shall add the following capabilities to an existing Heidelberg 6-Color Press:

(1) Retrofit Retractable Anilox Blanket Coater System

C.2 Scope of Work

The Contractor shall provide the management, engineering, tools, supplies, equipment, and labor necessary to investigate the existing system and site conditions. The Contractor shall also develop and provide operational instructions and wiring schematics, as well as provide, install and integrate the hardware and operationally test and verify that the system functions according to design. Once the system has been successfully tested, the Contractor shall provide the required training to Government personnel stated herein.

I) General Press Description

A) Heidelberg Model: Speedmaster CD 102-6

a) Split Fountain -The first two printing units from the feeder have been designed for split fountain printing.

b) Static Eliminators

c) 6-color inline (no perfecting capability)

d) Six Wash-Up trays

e) Six blanket-wash systems

f) Six refrigerated fountain solution circulating systems.

g) Continuous Roll Dampening Systems

h) Temperature control system of the inking unit.

i) Master Control Console - Remote control type with push buttons or touch screen permitting an infinitely variable speed range of press operations.

j) IR Dyer System Retrofit

k) Air Knife System Retrofit

l) Maximum sheet size: 28” x 40"

m) 460 VAC, 3 Phase, 4 Wire, 60 HZ

II) Existing Conditions

A) The Contractor is responsible for attending a scheduled site inspection for the purpose of gathering information regarding the existing press and the facility conditions.

B) The Government will furnish basic layout drawings of the press and facility for reference however it is the contractor’s sole responsibility to investigate and field-verify all information.

C.3 SYSTEM DESCRIPTION

I) The new customized system shall add the following capabilities to the existing press:

A) The Blanket Coater System shall:

a) Apply the following pigmented coatings via Anilox metering at 1 pound per thousand square feet, wet application:

(01) Matte

(02) Satin

(03) Metallic

b) Employ an Anilox Roller with the following characteristics:

(01) 7 Billion Cubic Microns

(02) 180 Line Screen

(03) 60 Degree Screen Angle

c) Operate independent of the existing press gear drive.

d) Include a circulating system.

e) Tie into the existing press controls to provide automatic shut down under the following conditions:

(01) The press stops

(02) The press goes off impression

f) Operate at 208 VAC, 1 or 3 phase input

g) Include a control console that employs indicating lights to indicate the operating mode

h) Automatically match the speed of the press.

i) Have the ability to retract from the press when not in use.

j) Incorporate an Emergency Stop Button tied into the existing press emergency stop circuit.

C.4 RESPONSIBILITIES OF THE GOVERNMENT

A) The Government shall provide power and other miscellaneous utilities such as ducting, water, compressed air etc. to the system as designated in the contractor’s submittals.

C.5 INITIAL START-UP

A) The Contractor shall provide a technician to assist with system start-up.

B) The Contractor shall verify that the system has been installed properly and that all components are functional prior to System Testing

C.6 TESTING

A) The Contractor shall provide a technician to assist with system testing.

B) The Government will supply materials for and evaluate the functionality and performance of the system.

C) The system will be considered as compliant if the system successfully applies aqueous coatings as specified herein (section and paragraph where this is discussed in detail).

C.7 TRAINING

A) The contractor shall provide system training.

B) This training shall be conducted after the system as been successfully tested. The winning Contractor may be required to supply manuals after an award has been made.

C.8 KEY PERSONNEL

The Contractor shall designate one person who will be responsible for the scheduling and performance of work specified in the contract. This person will be available upon request by the Owner to review any aspect of this contract. The Contractor will notify the Owner if there is a change in job supervisors.

C.9 WORKING HOURS

All work performed under these specifications shall be during normal working hours (6 A.M. - 6:00 P.M. Monday through Friday). Emergency, Government Holiday, weekend and overtime work shall be coordinated and approved by GPO before work is performed on the aforementioned date(s) and time.

C.10 WARRANTY

The Contractor shall guarantee that the materials and workmanship of the system installed under this contract shall meet specified requirements in every respect, and shall make good any defects not due to ordinary wear and tear or improper use, which may develop within one year from the date of final acceptance of all equipment. Neither the final payment nor any provision of this contract document shall be used to as a remedy or relieve the Contractor from paying all expenses for damages and defects.

The Contractor shall make all modifications, adjustments and improvements to meet performance requirements in this specification.

C.11 SYSTEM DOCUMENTATION

Upon successful testing of the system, the following printed information shall be furnished to the COR upon:

1) Wiring diagrams

C.12 SCHEDULE

It is estimated that this work will occur no sooner than April 1, 2011. The exact schedule will be determined at the pre-construction meeting, post-award. A site inspection may be done any time between 8 a.m. and 4 p.m., Monday through Friday before the bid.

SECTION - D - PREPARATION, PACKAGING AND MARKING

The machine will be suitably packaged and protected against weather for shipment. If shipment is made overseas, additional protection shall be provided to guard against rusting, particularly in association with condensation under plastic film coverings, all unpainted parts shall be coated with grease or other type of protection.

All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officers Representative shall be paid by the Contractor.

Marking

All information submitted to the Contracting Officer’s Representative (COR) shall clearly indicate the Contract Number.

SECTION E - INSPECTION AND ACCEPTANCE

GENERAL

Determination of the acceptability of each completed deliverable will be made by the Government in accordance with the inspection and acceptance requirements and standards of performance stated herein and in Section F of this contract.

The GPO will provide a Written Notification of Rejection for all rejected deliverables which will be accompanied by specific reason(s) for rejection.

1) After installation by the Contractor, GPO will perform initial acceptance tests of all specified features using GPO personnel for 8 hours with the supplied material by the GPO. During this test, the contractor shall demonstrate that the machine can produce an acceptable product at the specified production rate set forth in Section 2.

2) A reasonable time shall be allowed for correction of the punch list items, and those items shall then be retested and confirmed as having been approved and accepted. In the event of continued failures during any test or retest, the Government may give notice to the vendor, requiring him to make all preparations necessary for one final demonstration, proving that his equipment is capable of performance as specified;

such demonstration shall be scheduled within 2 days receipt of notice from the Government. Failure during this final demonstration may be cause for the Government to declare the vendor in default. (See General Provisions, Clause "Default").

3) In the absence of any punch list, the performance test shall automatically be considered as satisfactory and the COR shall then establish the start of the 30 day acceptance period.

4) During the 30 days acceptance period, any time the machine is down and not available for GPO's use will not be counted as part of the 30-day acceptance period.

4) After successful completion of the 30-day acceptance period, one year warranty period shall begin.

5) All material for the initial performance test (and for the first retest, if any) shall be furnished by the

Government at its own expense. The vendor shall be solely responsible for all materials beyond the first retest. The Government shall not schedule "live" work until start of the 30-day acceptance period.

6) The vendor shall be completely responsible for all equipment and machinery from its inception through satisfactory completion of the performance test. Government personnel (engineers, technicians, mechanics, and operators) shall be fully instructed in the proper use, operation and maintenance of the equipment, but shall not operate any of it prior to the acceptance period except under supervision of the vendor's agent.

SECTION - F - DELIVERIES OR PERFORMANCE

F.1. Terms of the Contract

The machine shall be delivered F.O.B. destination not later than 180 days after receipt of purchase order to:

U.S. Government Printing Office

Central Receiving 44 H. Street, NW

Washington, DC 20401 Attn: Loading Dock, Room C-170

When an earlier delivery schedule is offered, the Government reserves the right to award the contract in accordance with the schedule offered by the bidder. If the bidder offers no delivery schedule of his own, the Government's schedule stated above shall apply. Bids offering a delivery time longer or later than the specified delivery will be considered nonresponsive and will be rejected.

The machine will be suitably packaged and protected against weather for shipment. If shipment is made overseas, additional protection shall be provided to guard against rusting, particularly in association with condensation under plastic film coverings, all unpainted parts shall be coated with grease or other type of protection.

The above sized machine sections can be handled by GPO's elevators and loading dock, oversized sections will require special handling by the contractor.

F.2. Notice of Government Delays

In the event the Contractor encounters difficulty in complying with the contract Delivery schedule, the Contractor shall immediately notify the Contracting Officer and COR, in writing, and giver pertinent details.

When an earlier delivery schedule is offered, the Government reserves the right to award the contract in accordance with the schedule offered by the dibber. If the bidder offers no delivery schedule of his own, the Government’s schedule stated above shall apply. Bids offering a delivery time longer or later than the specified delivery will be considered non-responsive and will be rejected.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination with the GPO points of contact during performance of the contract.

G.2 CONTRACTING OFFICER (CO)

Acquisition Services Room: 332A Stop: AS Washington, DC 20401 cdwashington@gpo.gov

(202) 512-1767

G.3 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract; the said authority remains solely the Contracting Officers. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made at the contractor’s risk. No adjustment will be made in the contract terms and conditions of this contract, including price.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

After award, the GPO will designate one or more persons as the Contracting Officer's Representative (COR). The COR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this contract.

The COR is not authorized to make any commitments or otherwise obligate the GPO or authorize any changes, which affect the quantity, quality, scope or Contract price. All requests for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk. The COR may designate an alternate COR(s) to act for the COR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

G.5 INVOICE SUBMISSION

Contracting Officer Cynthia D. Washington

Contracting Officer’s Representative (COR)

To be determined.

Invoice Mailing Address:

US Government Printing Office (GPO) Comptroller North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401

(202) 512-0864 invoiceGPO@gpo.gov

The COR referenced is the CO's official representative for the purpose of conducting routine day to day monitoring of the services performed under this contract. They will have certain assigned responsibilities to act for the Contracting Officer. These responsibilities shall be provided to the successful bidder upon award of the contract.

G.6 PAYMENT METHOD

Payments under this contract will be made by the GPO by electronic funds transfer (EFT). For more information please contact Michelle Gibbs (202) 512-0864.

NOTICE

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: Materials Management Acquisition Regulation (MMAR).

NUMBER TITLE

52.232.34 May

Payment by Electronic Funds Transfer Other Than Central Contractor Registration

Effective January 1, 1999 payments on all GPO purchase orders will only be made by electronic fund transfer (EFT) unless you are granted a waiver. A waiver can only be granted if you certify below in writing that you do not have an account with a financial institution or an authorized payment agent and return the certification to the Contracting Officer.

mailto:invoiceGPO@gpo.gov�

SECTION - H - SPECIAL CONTRACT REQUIREMENTS

H.1 PERMITS AND LICENSES

In the performance of work hereunder, the Contractor shall obtain and maintain in effect all necessary permits and licenses required by Federal, State, or local government, or subdivisions thereof, or of any other duly constituted public authority. Further, the Contractor shall obey and abide by all applicable laws and ordinances.

H.2 SUBCONTRACTING RESTRICTION

Except as specifically approved in writing, in advance by the Contracting Officer identified in Section G.2, the Contractor shall not subcontract any work procured hereunder. It is contemplated that approval will be given for subcontracting certain phases of the work when, in the opinion of the COR and the Contracting Officer, such subcontracting will not adversely affect the quality or delivery of neither the final product nor the difficulty or cost of inspection and testing.

Requests for approval to subcontract shall be submitted, in writing, to the Contracting Officer at the address shown in Section G.2.

H.3 INDEMNIFICATION

(a) Responsibility for Government-owned or -leased Property and Equipment During contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government owned or -leased property caused by such negligent acts or omissions.

(b) Responsibility for Contractor or Third Party-owned or -leased Property and Equipment The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

(c) Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government.

Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

H.4 INSURANCE COVERAGE (NOV 1996)

Pursuant to MAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

a. Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they will be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 will be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

b. General Liability. The Contractor will have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

c. Automobile Liability. The Contractor will have automobile liability insurance written on a comprehensive form of policy. The policy will provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States will provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

d. Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor will have aircraft public and passenger liability insurance. Coverage will be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury will be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.5 ORGANIZATIONAL CONFLICTS OF INTEREST – GENERAL

A. The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph B below.

B. The term "organizational conflict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable

(i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

C. The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

D. In the event that the Contractor was aware of organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.6 IDENTIFICATION/BUILDING PASS

1. The Contractor will make their personnel available for photo identification on a schedule to be determined by the

COR. The badges will be made by the Government utilizing supplies, materials and equipment provided by the Government. Each Contractor employee will sign the appropriate badge at the time of photographing.

2. The Contractor is responsible for ensuring that each of his/her employees performing work under this contract display their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitability determination.

3. Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the

Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that employee. Failure on the part of the Contractor may result in the Contractor's liability for all costs associated with correcting the resultant breech in building security.

4. The Contractor will notify the COR when the employee badges are lost. It will be the responsibility of the Contractor to pay for replacement badges at the current replacement cost per badge.

5. The requirements of this clause are applicable to and will be flowed down to all subcontractors who will work at the

GPO facilities.

H. 7 CONFIDENTIAL INFORMATION

All information received by the Contractor as a result of performance of this contract is confidential and much of which is subject to the Privacy Act. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall not disclose this information, or any information obtained as the result of its performance of this contract, to any person or entity, other than employees or bonafide Contractors of the GPO, without the prior written approval of the GPO.

The Contractor and Contractor personnel shall not disclose this information to any person or entity or otherwise make any improper use of this information during or after the performance period of this contract. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall make no changes to the information except as necessary in the performance of the contract. The Contractor and Contractor personnel and their successors are prohibited forever from using this information for their personal or business gain, personally or for any other reason, directly or indirectly, without prior written approval from GPO. This provision, or a provision with an identical effect, shall also be placed in any subcontracts.

H. 8 WORK ON A GOVERNMENT INSTALLATION

In performing onsite work under this contract on a Government installation or in a Government building, the Contractor shall;

(a) Conform to the specific safety requirements established by the contract.

(b) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

(c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel connected in any way with performance under this contract.

(d) Take such additional immediate precautions as the Contracting Officer or COR may reasonably require for safety and accident prevention purposes.

(e) Conform to all required security requirements.

H. 9 PROTECTION OF PROPERTY

Contractor Responsibility. If due to the default, negligence (whether of action 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 therefore, require the Contractor to replace at its own expense, all property lost or damaged.

Protection. The Contractor shall protect materials in his custody against the transportation, fire, theft, weather, and other hazards avoidance in the exercise of the “highest degree of care.”

H.10 MMAR 52.228-5 INSURANCE–WORK ON A GOVERNMENT INSTALLATION

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require Subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all Subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.11 DISPUTES MMAR 52.233-1 Disputes (July 2002).

(a) This contract is subject to the Contract Disputes Act of 1978, as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub.L.No. 110-161,_Stat._(2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals within ninety days of receipt of a contracting officer’s decision, to the Government Accountability Office Contract Appeals Board, 441 G Street N.W., Room 7182, Washington, D.C. 20548; Facsimile: (202) 512-9749; E-Mail: CAB@gao.gov. or files a suit as provided in the Act.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

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SECTION - I - CONTRACT CLAUSES

REGULATIONS GOVERNING PROCUREMENT

The U.S. Government Printing Office (GPO) is a legislative agency of the United States Government. Accordingly, the Materials Management Acquisition Regulations (MMAR) is applicable to this, and all GPO procurements. However, the text of certain provisions of the FAR, as contained in the Code of Federal Regulations, are referenced in this solicitation.

The bidder should note that only those provisions of the FAR which are specifically incorporated by reference into this solicitation, are applicable.

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference in accordance with the MMAR clause at "52.252-2 CLAUSE INCORPORATED BY REFERENCE (FEB 1998) Section I of this contract.

The following provisions are incorporated by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

MMAR changes apply to solicitation issued on or after the effective date of the change.

Also, the full text of a clause may be accessed electronically at this address: www.gpo.gov

NUMBER DATE TITLE

52.202-1 Dec 2001 Definitions

Regulations Governing Procurement 52.203-3 Apr 1984 Gratuities 52.203-5 Apr 1984 Covenant Against Contingent Fees 52.203-6 Jul 1995 Restrictions on Subcontractor Sales to the Government

American Made Products 52.203-7 Jul 1995 Anti-Kickback Procedures 52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity 52.209-6 Jul 1995 Protecting the Government's Interest when Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment 52.214-29 Jan 1986 Order of Precedence--Sealed Bidding 52.215-1 May 2001 Instruction to Offerors - Competitive Acquisition 52.222-1 Feb 1997 Notice to the Government of Labor Disputes 52.222-3 Aug 1996 Convict Labor 52.222-4 Sep 2000 Contract Work Hours and Safety Standards Act--Overtime Compensation 52.222-20 Dec 1996 Walsh-Healy Public Contracts Act 52.222-26 Apr 2000 Equal Opportunity 52.222-35 Dec 2001 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and other Eligible Veterans 52.222-36 Jun 1998 Affirmative Action for Handicapped Workers 52.222-37 Jan 1999 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era 52.223-3 Jan 1997 Hazardous Material Identification and Material Safety Data 52.227-1 Jul 1995 Authorization and Consent 52.227-2 Aug 1996 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-3 Apr 1984 Patent Indemnity 52.229-3 Jan 1991 Federal, State, and Local Taxes 52.229-5 Apr 1984 Taxes--Contracts Performed in U.S. Possessions or Puerto Rico 52.232-1 Apr 1984 Payments 52.232-11 Apr 1984 Extras 52.232-17 Jun 1996 Interest 52.232-23 Jan 1986 Assignment of Claims 52.233-3 Aug 1996 Protest After Award 52.242-13 Jul 1995 Bankruptcy 52.243-1 Aug 1997 Changes--Fixed Price 52.246-2 Aug 1996 Inspection of Supplies--Fixed Price 52.246-16 Apr 1984 Responsibility for Supplies 52.246-17 May 2001 Warranty of Supplies of a Non-Complex Nature 52.247-64 Jun 2000 Preference for Privately Owned U.S. Flag Commercial Vessels 52.249-1 Apr 1984 Termination for Convenience of the Government (Fixed Price) (Short Form) 52.249-2 Sep 1996 Termination for Convenience of the Government (Fixed Price) 52.249-8 Apr 1984 Default (Fixed-Price Supply and Service) http://www.gpo.gov/�

NUMBER DATE TITLE

552-203-71 Sep 1999 Restriction on Advertising

552.211.72 Feb 1996 References to Specifications in Drawings

552.211-73 Feb 1996 Marking

552.211.74 Feb 1996 Charges for Marking

552.211-75 Feb 1996 Preservation, Packaging and Packing 552.211-77 Feb 1996 Packing List 552.211-82 Feb 1996 Availability for Inspection Testing, and Shipment/Delivery – Notice of Shipment 552.223-72 Sep 1999 Hazardous Material Information 552.243-70 Apr 1989 Pricing of Adjustments 552.253-6 Sep 1999 Authorized Deviations or Variations in Clauses

52.233-1 Disputes.

As prescribed in 33.215, insert the following clause:

DISPUTES (JULY 2002)

(a) This contract is subject to the applicable provisions of the Contract Disputes Act of 1978, as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub.L.No. 110-161,_Stat._(2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals within ninety days of receipt of a contracting officer’s decision, to the Government Accountablility Office Contract Appeals Board, 441 G Street N.W., Room 7182, Washington, D.C. 20548; Facsimile: (202) 512-9749; E-Mail: CAB@gao.gov. or files a suit as provided in the Act.

SERVICE OF PROTEST (VARIATION)

(a) Protests, as defined in Section 33.101 of the Materials Management Acquisition Regulation, (MMAR) that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO) shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Director, Acquisition Operations, U.S. GPO, Mail Stop AS, Washington, DC 20401.

http://arnet.gov/far/current/html/Subpart 33_2.html#wp1079955�

(b) The copy of any protest shall be received in the office designated above within one day of filing protest with

GAO.

PROTEST AFTER AWARD

(a) Upon receipt of a notice of protest (as defined in 33.101 of the MMAR the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work; or

(2) Terminate the work covered by the order as provided in the Default or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's right to terminate this contract at anytime are not affected by action taken under this clause.

SECTION – J – ATTACHMENTS

N/A

SECTION - K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS

1. SMALL BUSINESS CONCERN REPRESENTATION

2. TAXPAYER INFORMATION

3. WALSH-HEALY PUBLIC CONTRACTS ACT REPRESENTATION

4. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

5. AFFIRMATIVE ACTION COMPLIANCE

6. PROHIBITION OF SEGRATED FACILITIES

7. EQUAL LOW BIDS

8. PLACE OF PERORMANCE

9. CERTIFICATE REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER

RESPONSIBILITY MATTERS

10. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

Representations and Certifications

Reference

Name and Address of Offeror

Date of Offer

"SOLICITATION" MEANS "INVITATION FOR BIDS" IN SEALED BIDDING AND "REQUEST FOR PROPOSAL" OR

"REQUEST FOR QUOTATION" IN NEGOTIATION.

"OFFER" MEANS "BID" IN SEALED BIDDING AND "PROPOSAL" IN NEGOTIATION.

"OFFEROR" MEANS THE PERSON OR FIRM SUBMITTING THE OFFER.

THE OFFEROR MAKES THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS AS A PART OF THE

OFFER IDENTIFIED ABOVE. (CHECK APPROPRIATE CIRCLE AND FILL IN BLANKS.)

1. Small Business Program Representations (Apr 2002) (DEVIATION MMAR 52.219-1)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:__________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision- "Service-disabled veteran-owned small business concern"-

(1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by…