TextileRFQ.doc

Solicitation Document No.

JFK11Q00068

Document Title

Base Year FY 11 textile cleaning

B.1

CONTRACT LINE ITEMS:

price option year 1 price option year 2 price option year 3 price option year 4 price clin 0001: The contractor shall perform concervation treatment of textiles located throughout the buidling

clin 0002: Provide pricing information for each empty cell

recordkeeping

PROVIDE HOURLY RATE FOR EACH YEAR

deinstall/reinstall textiles

(wall-hung)

PROVIDE HOURLY RATE FOR EACH YEAR

after hours service calls

(4:30pm – 6:00am)

PROVIDE HOURLY RATE FOR EACH YEAR

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

C.1 33.52-082

STATEMENT OF WORK/SPECIFICATIONS

NOVEMBER 2001

John F. Kennedy Center for the Performing Arts

TEXTILES MAINTENANCE

PERFORMANCE WORK STATEMENT

1.

BACKGROUND

The John F. Kennedy Center for the Performing Arts (JFKC) is located at 2700 F Street, N.W., Washington, D.C. JFKC serves as a public memorial, entertainment center, and office complex and is open to the public a minimum of 14 hours from 10:00 a.m. to midnight, seven days a week. It is the nation's busiest arts facility and is approximately 1.5 million square feet.

JFKC requires highly specialized and experienced contract services for the care and preservation of a wide variety of priceless textile collections that include three-dimensional textile art, rugs, replicas, and African strip weaving. Services, at a minimum, should consist of semi-annual cleaning and maintenance, on-demand/emergency repairs, on-site surface cleaning, professional wet cleaning, and maintaining up-to-date treatment records.

2.

PURPOSE

The JFKC houses seven theaters of varying sizes, which accommodate various scheduled and unscheduled events ranging from dinner parties of a few people up to events which host 10,000 or more people. The facility has three restaurants, administrative offices that accommodate approximately 500 staff members and a parking garage. It attracts over three (3) million patrons/visitors each year with performances and other events. The facility is operated 365 days per year from approximately 7:00 a.m. to 1:00 a.m. each day. The purpose of this contract is to obtain full service textile conservation services from a highly specialized and experienced professional contractor for the irreplaceable textiles that are on display permanently and undergo continuous exposure to various temperature and lighting conditions. The Conservator is required to conduct all services and repairs in a timely fashion and shall abide by all industry standards as it relates to the preservation, conservation, and treatment of all textiles listed herein.

3.

SCOPE

The Conservator shall develop an annual conservation/cleaning schedule of textiles and provide all labor, materials, supplies, equipment, transportation, on-site or off-site cleaning, and emergency repairs for all textiles listed herein. The Conservator shall plan, coordinate, and ensure the effective completion of all service calls.

4.

INVENTORY OF TEXTILES

The JFKC currently maintains 24 textiles located throughout the facility. Locations for each are specified below:

i.

Matisse Tapestries (2) - Opera House Box Tier (north/south) ii.

African Textiles (10) - African Room iii.

Goya Tapestries (2) - Golden Circle Lounge iv.

Czech Tapestries (2) - North Opera Tier Lounge v.

Days of Creation (6) - Roof Terrace South Gallery vi.

Nierman Tapestries (2) - Eisenhower Theater front of house (north/south)

5.

TASKS

A.

Conservation/Cleaning

The Conservator shall always coordinate with the Contracting Officer's Representative (COR) in order to schedule all cleaning and maintenance work. The Conservator shall develop and provide a semi-annual schedule that reflects the requirements for conservation/cleaning of all textiles listed herein. As a minimum, tasks shall include professional vacuuming, deep cleaning, stain removal, repair of any damaged areas, wet cleaning, and stabilization treatments (e.g. reweaving and stitch repair). Repair and/or replacement of frames and textile mounts and attachments shall also be performed. The Conservator shall re-install textiles using their own ladders. The Conservator may use other equipment such as scaffolding and lifts from the Kennedy Center on a case by case basis with ample coordination and advance notice. A comprehensive record shall be created by the Conservator after each cleaning or repair has been completed. All records shall be compiled into a document for historical recordkeeping to be used for future reference as needed. Refer to paragraph 8 below for further details. The Conservator is required to provide condition reports and notify the COR of all deficiencies that require service and repairs. This notification will include a cost proposal that includes the cost for labor and materials.

B.

On-Demand & Emergency Maintenance

The Conservator shall provide afterhours emergency contact and phone number as well as provide a name and contact number for an alternate. Should an emergency exist such as flood or fire damage, the Conservator shall be on site within three hours of an emergency request received by telephone or otherwise from the COR. After hours is defined as after 4:00PM-6AM, Monday-Sunday. The Conservator shall provide hourly rates for such services. The Conservator will not be paid for time spent in transit to and from the JFKC. All repairs and assessments shall begin as soon as the Conservator arrives at the JFKC. A comprehensive report shall be created by the Conservator after each service has been completed. The Conservator is required to notify the COR of all deficiencies that require service and repairs.

All emergency calls must be completed within 24 hours from the time the service call was made to the Conservator. If the emergency call cannot be completed within 24 hours, the Conservator shall immediately notify the COR and request an extension of time.

6.

CONSERVATOR QUALIFICATIONS

Due to the highly specialized nature of the work and the involvement of priceless and irreplaceable textiles, strict Conservator qualification requirements shall be met and are as listed below:

i.

Conservator shall have at least 25 continuous years of experience in the field of textile conservation. Experience shall include extensive work with museums, performing arts facilities, and textile storage and conservation facilities ii.

Conservator shall be a Professional Associate of the American Institute for Conservation and Historic and Artistic Works (AIC) iii.

Conservator shall hold an art history or textile-related degree iv.

Conservator shall be an active member of the Textile Society of America v.

Conservator shall have extensive international experience working with a large array of textiles, performing workshops related to textile conservation, and preparing textile exhibits for public viewing vi.

Conservator's office shall be located within a 10 mile radius of the JFKC. This reduces the amount of transit time to/from the JFKC and enhances the Conservator's ability to respond quickly to on-demand and emergency repairs for the delicate textiles listed herein

7.

MISCELLANEOUS PROVISIONS

A.

Notifications

The Conservator shall notify the COR in writing a minimum of 48 hours in advance if they will not be able to perform services as specified herein.

B.

Meetings

The Conservator shall be available for meetings to discuss contract performance and execution. Meetings will be as often as necessary and will be determined by the COR. Also, either party can request that a meeting be held whenever an issue arises.

C.

Codes and Standards

The Conservator shall be responsible for obtaining any necessary licenses and permits, and complying with any applicable Federal, State and municipal laws, codes, and regulations. No costs shall be borne by the Government. All work shall be in compliance with current United States Environmental Protection guidelines as well as any local laws.

Materials and chemicals shall be stored, used, and disposed of in such a manner as not to endanger and/or threaten the environment, health, and safety of the community, and the JFKC establishment.

D. Working Hours

Regular work shall be performed during normal weekday hours between 7:00 am and 4:00 pm. Regular work performed outside of the normal working hours (e.g. weekends) shall be coordinated with the designated person as directed by the COR in order to arrange for security clearance.

E. Access to Site/Premises

Access to areas of work within the facility shall always be coordinated with the COR or his designated representative.

F. Storage

No equipment or new materials are to be stored in the facility except for those items that are necessary for completion of the immediate work. The Conservator shall confine storage of materials and equipment to the immediate project area at specific locations approved by the COR. Storage of any material or chemicals during non-working hours is strictly prohibited.

G. Parking

The Conservator will be required to pay for parking during each site visit to the facility. Parking within the facility is also subject to availability. Reimbursement of costs shall not be borne by the JFKC.

H. Travel and Other Expenses

Travel, food, or other expenses are not authorized.

8.

DELIVERABLES

A.

Annual Conservation/Cleaning Schedule

Within ten business days after contract award, the Conservator shall submit to the COR a proposed annual conservation/cleaning schedule electronically for approval. The schedule shall include all of the tasks that are to be performed. Once the work is completed, the Conservator shall provide a copy of the schedule to the COR no later than 5 business days from the day of the work.

B. Comprehensive Recordkeeping

Within ten business days after contract award, the Conservator shall submit electronically to the COR for approval a proposed template in Microsoft Excel that is to be used for maintaining comprehensive records for historical purposes.

As part of the comprehensive recordkeeping, the Conservator shall obtain a list of all previous records from the JFKC and incorporate the data into the approved template within 14 days after award.

The Conservator shall always maintain up-to-date treatment records. As a minimum, records shall contain photos, examination details, condition values, repairs completed, cleaning completed, conservation efforts completed, and recommendations for each textile listed herein. Each time work, recommendations, cleaning, repairs or maintenance is performed on any of the textiles, it shall be updated in the approved format and sent to the COR within 5 business days.

C. Tickets & Invoices

The Conservator shall submit detailed invoices on all of the work accomplished on each textile. This includes, but is not limited to, treatments, repairs, or cleaning services. All chemicals used shall be listed for future reference.

Itemized invoices and tickets for all services rendered, including on-demand services and/or emergency repairs, shall be rendered to the following address not later than 5 business days after the date of performance:

John F. Kennedy Center for the Performing Arts

2700 F. Street, NW

ATTN: Contracting Office

Washington, DC 20566

9.

APPEARANCE

All Conservator employees, including supervisors, shall present a neat appearance and wear appropriate uniforms. Clothing shall have the Conservator's name affixed thereon in a permanent or semi-permanent manner, such as a badge or monogram, which is easily read.

SECTION E -- Inspection and Acceptance

Inspection, acceptance and monitoring of all work performed under this contract and in accordance with Clause E.1, will be performed by the Contracting Officer’s Technical Representative (COTR). (See Clause G.1)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

SECTION F -- Deliveries or Performance

The period of performance for the base year is

Base Year: Date of award through September 30, 2011

Option Year One: October 1, 2011 through September 30, 2012

Option Year Two: October 1, 2012 through September 30, 2013 Option Year Three: October 1, 2013 through September 30, 2014 Option Year Four: October 1, 2014 through September 30, 2015 The Government has the option to extend the term of the contract in accordance with the contract clause entitled "Option to Extend the Term of the Contract, FAR 52.217-9". Options, if exercised, shall be for additional

Performance shall be made at:

The John F. Kennedy Center for the Performing Arts Loading Dock #1

2700 F Street, N.W.

Washington, DC 20566-001 SECTION G -- Contract Administration Data

Notwithstanding the Contractor's responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the JFKC (or other Agency) and the Contractor.

If the Task Order is issued by the JFKC, the following individuals will be the JFKC's points of contact during the performance of the contract:

1. Contract Administration All contract administration will be performed by the Contract Specialist assigned to this project. The Contract Specialist assigned to administer this project is:

Rosalind R. Humphries, Contracting Office The John F. Kennedy Center 2700 F. St., NW Washington, DC 20566-0001 Phone Number: (202) 416-7928 FAX Number: (202) 416-8975 Email: rrhumphries@kennedy-center.org Or

Darnese M. Wilkerson, Contracting Office

The John F. Kennedy Center

2700 F. St., NW

Washington, DC 20566-0001

Phone Number: (202) 416-7993

FAX Number: (202) 416-8975 dmwilkerson@kennedy-center.org

2. Contracting Officer's Technical Representative assigned to this project is:

TBD

John F Kennedy Center for the Performing Arts

2700 F Street, N.W.

Washington, DC 20566 Phone Number: (202) 416- FAX Number: (202) 416- Email: _____________@kennedy-center.org

A. Subsequent to contract award, the government will designate a contracting officer's technical representative(s) (COTR(s)) for each project. This designation shall be furnished in writing, to the contractor simultaneously with the task order issuance. COTRs are authorized by the CO to act within the limitations and restrictions set forth herein and imposed by the CO. This authority includes and is limited to:

1. Interpreting the contract requirement documents (Statement of Work, Performance Work Statements).

2 . Monitoring contractor performance within the scope of the requirements document

3. Making recommendations to the CO concerning acceptance or rejection of work.

4. Controlling technical interface with the contractor.

5. Reviewing and investigating any delay(s) or proposed contract change(s) and making recommendations to the CO.

B. This designation specifically does not include authority to:

1. Direct changes in the scope, price, terms or conditions of the contract.

2. Execute modifications, including no-cost modifications, to the contract or specifications.

3. Bind the government by agreement in terms of a proposed contract change.

All correspondence shall be prepared and addressed to the Contract Specialist designated in Section G.1. Correspondence of a purely technical nature and all specified reports and submittals in accordance with the project specifications shall be sent to the COTR designated in Section G.1.

All invoices shall include the project and contract numbers, and be sent to the Contract Specialist. A draft invoice may be sent to the COTR for review prior to submission of the actual invoice. Invoice and payment shall be in accordance with Section I clause.

SECTION H -- Special Contract Requirements

Public parking is available in the JFKC garage at contractor rates for contractor employees performing at the site, subject to availability of parking. Currently, the contractor rate is $90 per vehicle per month. This rate is subject to change with little or no advance notice. Vehicle height is restricted to 6 Feet in the garage. Arrangements can be made to park permitted oversized vehicles in other areas if necessary. If other arrangements are required, these must be coordinated with the COTR at least 72 hours in advance. Parking in restricted areas without proper passes in the vehicles may result in tickets and/or towing of vehicles. It is possible that a staging area will be provided under some Task Orders which would allow for free vehicle parking. This will depend largely on the area that will be blocked from public access due to the nature of the work.

(a) The contractor shall provide the names and qualifications of the key personnel to be assigned to this contract. Before substituting any key personnel under the contract, the contractor shall follow the procedures outlined in clause H.16.

Discipline

Name

(a) The contractor is required to dedicate and utilize the key personnel as named and/or otherwise identified, committed, and accepted in accordance with Clause H.4, KEY PERSONNEL.

(b) In the event that any of the personnel listed as Key Personnel are unable to perform because of health, resignation from the contractor's employ, or other reasons, the contractor shall promptly submit to the Contracting Officer (CO) a detailed written explanation of the situation, the proposed substitution, complete resumes for the proposed substitute, and any other information necessary for the approval of the substitution. No substitutions shall be made without the prior written approval of the CO. No increase in contract pricing will be allowed when substitutions are authorized by the government.

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

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

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

(d) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph d).

(e) This clause is effective for the period of performance of this contract.

(a) In additional to the requirements of the contract clause entitled "Organizational Conflicts of Interest," the following provisions with regard to employee personnel performing under this contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

(b) The Contractor agrees to notify immediately the JFKC Contracting Officer Representative and the Contracting Officer of

(1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or

(2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

(c) The Contractor agrees to notify each Contracting Officer Representative and Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest. The Contractor shall continue performance of this contract until notified by the Contracting officer of the appropriate action to be taken.

(d) The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

SECTION I –CONTRACT CLAUSES

1.1 52.213-04

TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)

JANUARY 2011

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-03, Convict Labor (JUNE 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

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

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-03, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-04, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(ii) 52.232-1, Payments (APR 1984).

(iii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iv) 52.232-11, Extras (APR 1984).

(v) 52.232-25, Prompt Payment (OCT 2008).

(vi) 52.233-1, Disputes (JULY 2002).

(vii) 52.244-6, Subcontracts for Commercial Items (JAN 2011).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(ii) 52.222-20, Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(v) 52.222-37, Employment Reports on Veterans (SEPT 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.)

(vii) 52.223-05, Pollution Prevention and Right-to-Know Information (AUG 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energyconsuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-01, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a - 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-06, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iii) 52.226-06, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-02, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights--

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

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

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

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

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

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

SECTION J -- List of Documents, Exhibits and Other Attachments

1.

Textile Photo’s SECTION K -- Representations, Certifications and Other Statements of Offerors

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 811310.

(2) The small business size standard is $7 million.

(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)(1) If the clause at 52.204-07, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-07 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-04, Buy American Act–Free Trade Agreements–Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-03.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-06, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-05.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan–Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-02, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services– Certification.

__ (v) 52.223-09, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (vii) 52.227-06, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision) SECTION L -- Instructions, Conditions and Notices to Bidders

(a) Definitions. As used in this provision-- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions so…