8916-International Mail 012910.pdf

REQUEST FOR PROPOSAL

INTERNATIONAL MAIL SERVICE

GPORFP #8916

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

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

2 | 41

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

GPO-8916

4. TYPE OF SOLICITATION

X NEGOTIATED (RFP)

5. DATE ISSUED

1/29/10

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) U.S. Government Printing Office Room:A332/ Stop: AS 732 North Capitol Street, NW Washington, DC 20401

NOTE:

SOLICITATION CONVENIENCE PRINTING SERVICES

9.Sealed offers in original and 2 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 C-161, until 10:00 AM local time February 22, 2010 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:

Beverly Williams AREA CODE

NUMBER

512-0996

EXT.

bwilliams@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 2 X I CONTRACT CLAUSES 21-26

X B SUPPLIES OR SERVICES AND PRICE/COST 3-6 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 7-9 X J LIST OF ATTACHMENTS 27

X D PACKAGING AND MARKING 10-11 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12 X K REPRESENTATIONS, CERTIFICATIONS 28-39

X F DELIVERIES OR PERFORMANCE 13-14 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 15-18 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40-45

X H SPECIAL CONTRACT REQUIREMENTS 19-20 X M EVALUATION FACTORS FOR AWARD 46-48

OFFER (Shall 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 _____ calendar days (210 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)

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

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

(Signature of Contracting Officer)

28. AWARD DATE

Solicitation No. GPO-8916

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 GENERAL DESCRIPTION

This is an Indefinite Quantity Requirements contract with a “Not to Exceed” (NTE) ceiling amount. The Contractor shall provide all labor, materials, and supplies needed to perform all requirements set forth in this contract at the Firm Fixed Prices set forth below. Price includes all cost/price (e.g. overhead, G&A, profit, etc.) associated with each item.

Fees are on a per pound (or per kilogram) basis. (Fees are based fixed single-rates that includes postage.)

PERIOD OF PERFORMANCE

Base Year: Date of Award through September 30, 2010 (NTE) $90,000 Option Year I October 1, 2010 through September 30, 2011 (NTE) $95,000 Option Year II October 1, 2011 through September 30, 2012 (NTE) $100,000 Option Year III October 1, 2012 through September 30, 2013 (NTE) $110,000 Option Year IV October 1, 2013 through September 30, 2014 (NTE) $120,000

BASE YEAR_- Date of Award through September 30, 2010

ITEM SERVICES EST. QTY. Unit Price Unit Total Price

B. 1

Premium Delivery Service

10,000

Per lb.

B. 2

Standard Delivery Service

100,000

$________ Per lb.

OPTION YEAR I – October 1, 2010 through September 30, 2011

ITEM SERVICES EST.

QTY.

Unit Price Unit Total Price

OPTION YEAR II – October 1, 2011 through September 30, 2012

OPTION YEAR III – October 1, 2012 through September 30, 2013

$__________ Per lb.

OPTION YEAR IV – October 1, 2013 through September 30, 2014

$_________ Per lb.

B.1.0 INDEFINITE QUANTITY MMAR 52.216-22

B.1.1 This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimated quantities.

B.1.2 Delivery or performance shall be made only as authorized by the Contracting Officer or her designee. The Contractor shall furnish to the GPO, when and if ordered, the supplies or services specified in the Schedule up to and including the estimated quantities as long as they do not exceed applicable ceiling amount.

B.1.3 Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.

B.1.4 Any order placed during the effective period of this contract and not completed within that period shall be completed by the Contractor within a reasonable amount of time. The contract shall govern the Contractor's and GPO's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year from the expiration date of an ordering period.

B.2.0 ORDERING MMAR 52.216-18

B.2.1 Any supplies and services to be furnished under this contract shall be placed by the individuals or activities designated in the Schedule. Such orders may be placed from the date of award through a five (5) year periods, if options listed herein are exercised by GPO.

B.2.2 All orders are subject to the terms and conditions of this contract. In the event of conflict between an order placed and this contract, the contract shall control.

B.2.3 Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

SECTION C- DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT

C. 1 Background:

In the early 1990’s, the USPS offered an international contractor program that GPO chose to utilize. This program lasted for several years. When it was discontinued, our workforce had been downsized significantly and we no longer had the capability to handle the entire international mailings procedures (rules, regulations, etc.). Therefore, GPO was in need of an international mailing system to cover all international mail pieces generated at the GPO Laurel Facility. We do mailings under several different GPO programs – including the Sales Program, the Reimbursable Mailings Program, The By-Law Program, etc.

Parcels being shipped under the Sales Program are customer orders for subscriptions and for individual sales orders.

Parcels being shipped under the Reimbursable Mailings Program are processed on consignment from other Federal Government client agencies on a reimbursable basis.

The packages are random in size and in destination and can vary greatly.

C.2 Scope:

The contractor shall process all labor associated with shipping international parcels - except for the initial preparation and addressing.

C.3 Requirement:

The United States Government Printing Office (GPO), Documents Sales Service, Retail Distribution Division (RDD), requires the services of an International Mailer [Remailer] to perform the following services. The Contractor shall:

A. pick-up all International Mail from the GPO's work facility located in Laurel, MD, according to the following procedures:

1. Pick-ups shall be made Monday through Friday, excluding federal holidays, at mutually agreed upon time(s) of day that will be determined at time of contract award. Contractor will transport mail to the Contractor's sorting facility.

2. At the time of pick-up, the Contractor's driver / courier shall verify the weight of the shipment in the presence of the designated GPO employee or alternate.

3. At the time of pick-up, the designated GPO employee will complete an airbill / manifest for the tendered shipment. (The airbill / manifest shall state the total weight of the tendered shipment.) The airbill / manifest shall be signed by both the Contractor's driver / courier and the GPO employee, with a copy being retained by the GPO employee and forwarded to the RDD Contracting Officer's Technical Representative (COTR).

4. GPO will notify the contractor 24 hours in advance of unusually large shipments. The Contractor shall provide additional pick-ups or pick-ups at other than established times, as agreed to by the Contractor and GPO’s COTR and/or Contractor's Project Manager / Account Representative, at no additional cost to the Government.

5. The Contractor shall accept and provide sort(s) of (prepared) international mail, as necessary.

The GPO's international mail shipments shall be tendered to the Contractor unsorted and under no other special preparation requirements. (If special bagging or other special containment is required for submission of shipment(s) to the Contractor, these services / preparations will be provided by the Contractor - otherwise, shipments may be tendered in government-owned wire palletainers [which must be returned to the GPO Laurel facility], on open pallets, or on shrink-wrapped pallets.)

6. GPO's bulk mail pick-up point will be at the following location:

U.S. Government Printing Office Retail Distribution Division 8660 Cherry Lane Laurel, MD 20707

C.4 Mail Processing Services:

Mail processing services shall be provided by the Contractor, as outlined below:

1. GPO's international mail will be transported to the Contractor's designated mail sort facility.

2. At the Contractor's designated sort facility, the individual items shall be sorted according to the destination and weight of each item and the appropriate postage shall be applied to the mail pieces.

3. The shipment shall then be delivered to the appropriate foreign postal authority for delivery to the final recipients.

4. If any international mail pieces are determined to be undeliverable, they are to be returned to the GPO

Laurel facility - through the use of an expedited delivery service - at no cost to the Government.

5. The following service levels / options shall be provided by the Contractor - the selection of which shall be at the discretion of the GPO:

a. Premium Service For extra time-sensitive shipments, this service shall provide delivery around the world in approximately 3-6 days.

b. Standard Service * For routine shipping requirements, this service shall provide delivery around the world in approximately 5-10 days.

(* The GPO recognizes that there may be exceptions to this short-term turn-around requirement - based upon a variety of foreign postal authority peculiarities / restrictions - and will make allowances for such.)

C.5 Contractor Responsibilities:

The Contractor shall furnish all personnel, facilities, equipment, transportation, materials, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) necessary to perform and provide the services required. (Fixed-rate, single-rate bids shall include pick-up, line-hauling, sorting, processing, postage, and all associated costs as outlined above.)

Contractor shall provide electronic tracking capability for each mail shipment (airbill / manifest) - to the Contractor's sort facility. (Contractor shall provide tracking software / hardware.)

C.6 Estimated yearly pounds / pieces of International Mail:

The estimated yearly amount of international mail for the base period shall be 200,000 (four-hundred thousand) pounds and 100,000 (two-hundred thousand) pieces of mail per year. (This estimate is based upon the previous year totals and is not a guarantee of total weight.) Please see the attached chart (Attachment #1) which details a breakdown by zone / global location. These estimates are based upon historical data from previous year and are not guaranteed

C.7 Reporting:

Upon request, the Contractor shall provide zone breakdown reports, by weight and by number of pieces, for international mail shipments per each airbill / manifest and/or for periods specified by the COTR (i.e., daily, weekly, monthly, quarterly, yearly, etc.) - on an Ad Hoc basis to the COTR and the Contracting Officer.

SECTION - D - PACKAGING AND MARKING

D.1 Packaging and Packing

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

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.

D.2 Marking and Dcouemntation Requirements

The full marking and documentation requirements necessary under the various methods of shipment, invoicing and reporting authorized by the contract is specified herein. Set forth below is the minimum information and documentation that will be required for shipment, invoicing and reporting. In the event the contract fails to provide the essential information and documentation, the Contractor shall, within three days after receipt of order, contact the Contract Officer and advise them accordingly.

Shipments

The Contractor shall mark all deliverables for this contract with indelible ink, paint or fluid, as follows:

(1) Name of Contractor

(2) Contract Number

(3) Receiving Official at FINAL destination.

(4) Account number.

(5) Task/Delivery Order or Purchase Order Number.

(6) Contractor's item/part number.

(7) Box ________ of ________ Boxes.

(8) Nomenclature (brief description of items).

Reports, invoices, and correspondence:

(1) Name of Contractor

(2) Contract Number

(3) Ordering Agency

(4) Name, Title and Telephone number of Ordering Official.

(5) Account number.

(6) Task/Delivery Order or Purchase Order Number.

All information submitted to the Contracting Officer’s Technical Representative shall clearly indicate the Contract number.

Unless otherwise specified, all material shall be preserved, packaged, and pack in accordance with normal commercial practice to insure acceptance by common carrier and safe arrival at destination.

SECTION - E - INSPECTION AND ACCEPTANCE

Inspection and acceptance of services to be furnished hereunder shall be performed at the place of performance or destination, by the COTR or his designated representative. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services provided conform in all respects to the contract specifications. Services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Contractor by the Contracting Officer.

Final inspection and acceptance will be made by the ordering agency.

SECTION - F – DELIVERY/PERFORMANCE

F.1 Term of the Contract The Base period of this contract shall begin on Date of Award and end on September 30, 2010. The Government may extend the term of this contract by written notice to the Contractor provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

F.2 Place of Performance

All contract performance shall be at U.S. Government Printing Office, Retail Distribution Division 8660 Cherry Lane, Laurel, MD 20707.

F.3 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COTR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 MMAR Clauses Incorporated by Reference (MMAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at these Internet addresses: http://www.gpot.gov

Clause No. Clause Title Clause Date

52.211-16 Variation in Quantity (Apr 1984) 52.246-2 Inspection of Supplies-Fixed Price (AUG 1996)

52.242-15 Stop-Work Order (AUG 1989)

52.246-16 Responsibility for Supplies (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991)

F.5 Consequences of Contractor’s Failure to Perform Required Services

The Contractor is responsible to totally fulfill the performance requirements of this contract. In addition, the Government will deduct from the Contractor’s invoice or otherwise withhold payment for any items of nonconforming service as specified herein.The Government will notify the Contractor by written notice of deficiencies prior to deducting for non-performed or unsatisfactory work. In addition to all of the rights, the Government will, for deficiencies or lack of performance, make the deductions as set forth below.

1. The Government may deduct from the Contractor’s invoice all amounts associated with such non-performed or unsatisfactory work at established hourly rates, or as provided by other provisions of this contract, unless the Contractor is permitted, by the CO or her designee to complete the work;

2. The Government may, at its option, afford the Contractor an opportunity to perform the non-performed or unsatisfactory work within a reasonable period subject to the discretion of the CO or her designee, or the Government may, at its option, have the services performed by another contractor or Government personnel.

If this is the case, the Contractor shall be responsible for reimbursing the government the total dollar amount exceeding the agreed to cost stated in Section B of this contract. The Government’s exercise of rights under this clause will not preclude either:

a. Single occurrences of such nonperformance or unsatisfactory performance, or

b. Multiple occurrences of nonperformance or unsatisfactory performance, regardless of whether deductions were taken, from being grounds for termination in accordance with the clause 52.249-4, “TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (Services) (Short Form) (Apr 1984),” in “Contract Clauses”.

F.6 Recognized Holidays

The holidays identified herein are recognized by the Government. Should a holiday fall on a weekend, the day designated by GSA (Government) shall be recognized as the holiday.

A. New Year’s Day F. Labor Day B. Martin Luther King Day G. Columbus Day C. President’s Day H. Veteran’s Day D. Memorial Day I. Thanksgiving Day E. July 4th J. Christmas Day

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)

Beverly Williams U.S. Government Printing Office Acquisition Services Room: A332 Stop: AS Washington, DC 20401 Email: bwilliams@gpo.gov

(202) 512-0996

G.2.1 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.3 Contracting Officer’s Technical Representative (COTR) After award, the GPO will designate one or more persons as the Contracting Officer's Technical Representative (COTR). The COTR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

G.3.1 The responsibilities and limitations of the COTR are as follows:

The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR 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 COTR 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 change shall be referred to the Contracting Officer directly or through the COTR. 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 COTR may designate an alternate COTR(s) to act for the COTR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

G.4 Invoice Submission

The contractor shall submit an invoice to the GPO after each delivery of material. The GPO will pay this total bill via Electronic Funds Transfer within 30 days of receipt. The contractor will be paid for only those products actually received and accepted. The invoice will be reviewed by the COTR.

1. The Contractor shall provide invoices in hardcopy and/or electronic format at the option of the paying office.

2. The invoice shall contain the following information:

a. Unique invoice number;

b. Agency / Department account number;

c. Agency / Department Purchase Order number;

d. Shipping / account holder's office name and address, to include city, state, zip code, and agency location code;

e. Detailed listing of each shipment (airbill / manifest by unique number - see paragraph F.3.);

f. Explanation of codes indicating adjustments in billing;

g. Total charges of all shipment listed on the invoice

3. The detailed listing for each shipment (airbill / manifest) on the invoice shall contain:

a. Shipping / account holder's office name and address, to include city, state, zip code;

b. Unique airbill / manifest number for each shipment;

c. Pick-up date;

d. Actual Weight (in pounds and/or kilograms);

e. Number of pieces in shipment (for each airbill / manifest);

f. Code indicating adjustment in billing;

g. Type of service utilized; and

h. Total charges for each shipment (airbill / manifest) in U.S.

dollars.

The invoices will be reviewed by the COTR and approved by the CO before submitting for payment.

Contracting Officer (CO) Beverly Williams

(202) 512-0996

Contracting Officer’s Technical Representative (COTR)

To be announced after award

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

(202) 512-0874 invoiceGPO@gpo.gov

G.5 Payment Method

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

G.6 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.

G.7 Request for Waiver/Contractor Certification I certify that I do not have an account with a financial institution or an authorized payment agent.

Signature and Date

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 COTR and the Contracting Officer, such subcontracting will not adversely affect the quality or delivery of 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 MMAR 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:

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.

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.

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.

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.

SECTION - I - CONTRACT CLAUSES

Regulations Governing Procurement

The U.S. Government Printing Office (GPO) is an agency of the legislative branch of the United States Government.

Accordingly, the Materials Management Acquisition Regulations (MMAR) is applicable to this GPO procurement.

I.1 Unless stated otherwise, all contract clauses cited are from the Materials Management Acquisition Regulations

(MMAR), GPO Publication 805.33 available at http://www.gpo.gov/acquisition/mmar.pdf.

I.2 GENERAL CONTRACT CLAUSES

I.2.1 Negotiated Indefinite Quantity Contract

NUMBER DATE TITLE

52.202-1 Jul-04 Definitions (Over $100,000)

52.203-3 Apr-84 Gratuities (Over $100,000)

52.203-5 Apr-84 Covenant Against Contingent Fees (Over $100,000)

52.203-6 Jul-95 Restrictions on Subcontractor Sales to the Government (Over $100,000)

52.203-7 Jul-95 Anti-Kickback Procedures (Over $100,000)

52.203-8 Jan-97 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over $100,000)

52.203-10 Jan-97 Price or Fee Adjustment for Illegal or Improper Activity (Over $100,000)

52.203-12 Sep-05 Limitation on Payments to Influence Certain Federal Transactions (Over $100,000)

52.204-4 Aug-00 Printed or Copied Double-Sided on Recycled Paper (Over $100,000)

52.209-6

Jan-05

Protecting the Government's Interests When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Over $25,000)

52.211-5 Aug-00 Material Requirements

52.215-2 Jun-99 Audit and Records - Negotiation (Over $100,000)

52.215-8 Oct-97 Order of Precedence - Uniform Contract Format

52.215-15 Oct-04 Pension Adjustments and Asset Reversions

52.215-18 Jul-05 Reversion or Adjustment of Plans for Post-Retirement http://www.gpo.gov/acquisition/mmar.pdf

Benefits (PRB) other than Pensions

52.215-19 Oct-97 Notification of Ownership Changes

52.215-21 Oct-97 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications-Alternative 1

52.216-2 Jan-97 Economic Price Adjust – Standard supplies

52.216-18 Oct-95 Ordering

52.216-19 Oct-95 Order Limitations

52.216-21 Oct-95 Requirements

52.216-22 Oct-95 Indefinite Quantity

52.216-24 Apri-95 Limitation of Government Liability

52.216-25 Oct-97 Contract Definitization

52.217-7 Mar-89 Option for Increase Quantity-Separately Price Line Items

52.222-19 Jan-06 Child Labor--Cooperation with Authorities and Remedies

52.222-21 Feb-99 Prohibition of Segregated Facilities

52.222-26 Apr-02 Equal Opportunity

52.222-35 Dec-01 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

52.222-36 Jun-98 Affirmative Action for Workers with Disabilities

52.222-37 Dec-01 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

52.223-6 May-01 Drug-Free Workplace

52.227-1 Jul-95 Authorization and Consent

52.227-2 Aug-96 Notice and Assistance Regarding Patent and Copyright Infringement (Over $100,000)

52.229-3 Apr-03 Federal, State and Local Taxes (Over $100,000)

52.232-18 Apr-84 Availability of Funds

52.232-1 Apr-84 Payments

52.232-8 Feb-02 Discounts for Prompt Payment

52.232-9 Apr-84 Limitation on Withholding of Payments

52.232-11 Apr-84 Extras

52.232-17 Jun-96 Interest (Over $100,000)

52.232-23 Jan-86 Assignment of Claims

52.232-25 Oct-03 Prompt Payment

52.242-13 Jul-95 Bankruptcy (Over $100,000)

52.243-1 Aug-87 Changes - Fixed-Price

52.244-2 Aug-98 Subcontracts

52.245-2 May-04 Government Property (Fixed-Price Contracts)

52.246-20 May-01 Warranty of Services

52.249-2 May-04 Termination for the Convenience of the Government (Fixed- Price)

52.249-8 Apr-84 Default (Fixed-Price Supply and Service)(Over $100,000)

52.253-1 Jan-91 Computer Generated Forms

I.3 Additional Contract Clauses Included in Full Text

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. This contract incorporates the following clauses in full text:

I.3.1 MMAR 52.211-16, Variation in Quantity

a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

b) The permissible variation shall be limited to:

___ Percent increase [Contracting Officer insert percentage]

___ Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to ____________.*

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as—

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

I.3.2 MMAR 52.216-20, Definite Quantity

This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective fortheperiod stated, in the Schedule.

b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

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

d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2014.

I.3.3 MMAR 52.217-8 Option to Extend Services (Nov. 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

I.3.4 MMAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days that the Government gives the Contractor a preliminary written notice of its intent to extend at least 120 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.3.5 MMAR 52.223-14, Toxic Chemical Release Reporting

(a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if—

(1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

(2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

(3) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

(4) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(i) Major group code 10 (except 1011, 1081, and 1094.

(ii) Major group code 12 (except 1241).

(iii) Major group codes 20 through 39.

(iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

(5) The facility is not located in the United States or its outlying areas.

(c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt—

(1) The Contractor shall notify the Contracting Officer; and

(2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall—

(i) Submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and

(ii) Continue to file the annual Form R for the life of the contract for such facility.

(d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements.

(e) Except for acquisitions of commercial items as defined in MMAR Part 2, the Contractor shall—

(1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at MMAR 52.223-13, Certification of Toxic Chemical Release Reporting; and

(2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/FARTOCP02.html#wp284164 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168933

I.3.6 MMAR 52.225-13, Restrictions on Certain Foreign Purchases

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

I.3.7 MMAR 52.233-3, Protest after Award

a) Upon receipt of a notice of protest (as defined in MMAR 33.101) or a determination that a protest is likely (see MMAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the 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 stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order; 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 a proposal 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 rights to terminate this contract at any time are not affected by action taken under this clause.

http://www.treas.gov/offices/enforcement/ofac/sdn http://www.treas.gov/offices/enforcement/ofac https://www.acquisition.gov/far/current/html/Subpart 33_1.html#wp1088681 https://www.acquisition.gov/far/current/html/Subpart 33_1.html#wp1088695

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in MMAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

I.3.8 MMAR 52.233-4, Applicable Law for Breach of Contract Claim

United States law will apply to resolve any claim of breach of this contract.

https://www.acquisition.gov/far/current/html/Subpart 33_1.html#wp1088695 https://www.acquisition.gov/far/current/html/Subpart 33_1.html#wp1088735 https://www.acquisition.gov/far/current/html/Subpart 32_6.html#wp1029702

SECTION J – LIST OF ATTACHMENTS

See Attachment 1 Zone Locations

Attachment 2 (See pages 49, 50 & 51)

Similar Experience Matrix and

Past Performance Questionnaire

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUNE 1988)

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

K.2 MATERIALS MANAGEMENT ACQUISITION REGULATION CLAUSES

NUMBER TITLE DATE

52.203-11 Certification and disclosure regarding payments to influence certain federal transactions

APR

K.3 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The Offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or…