ExhibitFabricationandInstallation.doc

SECTION IV

National Archives and Records Administration

REQUEST FOR PROPOSAL (RFP)

EXHIBIT FABRICATION AND INSTALLATION SERVICES

SOLICITATION NUMBER:

NAMA-08-R-0001

ISSUE DATE:

January 18, 2008

Note Additional Attachments

SITE VISIT:

February 06, 10:00 a.m. EST

National Archives and Records Administration

7th & Pennsylvania Avenue NW – Pennsylvania Avenue Lobby Area

Call/E-mail Mr. Damon Nevils/Contract Specialist at 301-837-0771/damon.nevils@nara.gov to participate in the site visit. All requests to attend must be made NLT 48 hours prior to site visit.

Please note, that during and following the building tour, specific questions will not be answered. All questions must be submitted in writing to the Contract Specialist, Mr. Nevils, not later than five working days before the deadline for receipt of proposals. Answers to questions will be posted on this site as an Amendment.

PROPOSALS DUE:

February 29, 2008 3:00 PM EST

PERIOD OF SERVICES:

10/01/08 through 9/30/09 Plus four one-year option periods

SEND OR HANDCARRY PROPOSALS TO:

National Archives and Records Administration

Acquisition Services Division (NAA) - RFP NAMA-08-R-0001 8601 Adelphi Road

Room 3360

College Park, MD 20740-6001

NOTICE TO OFFERORS

THIS ACQUISITION IS 100% SET-ASIDE FOR SMALL BUSINESS CONCERNS

COMPLETION OF SOLICITATION REQUIREMENTS

Ensure that all forms and additional information are completed in their entirety. Verify calculations before signing the quotation. NOTE: In accordance with Federal Acquisition Regulation (FAR) provision 52.212-1, Instructions to Offerors – Commercial Items, contained in Section V, a written technical proposal and past performance information as well as other requirements contained therein must be submitted with the offer. If you have any questions, please contact the Contract Specialist, Mr. Damon Nevils, 301-837-0771 or e-mail at damon.nevils@nara.gov. Any questions regarding this RFP and any terms and conditions must be submitted in writing to Mr. Nevils not later than five (5) working days before the deadline for receipt of the proposal.

SOLICITATION COPIES AND AMENDMENTS

This solicitation is only available electronically at the Electronic Posting Website http://www.fedbizopps.gov/.

All amendments will be posted to this website and will not be issued on paper.

PROMPT PAYMENT DISCOUNT

You are reminded that Block 12 on the SF1449, Solicitation/Contract/Offer for Commercial Items, is to be used to offer prompt payment discounts (payment of invoices in less than the standard payment terms set forth in the Prompt Payment clause.) It is at the government’s discretion if prompt payment discounts are taken.

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Section V contains representations and certifications, provisions, and evaluation criteria for award which will be removed from the resultant contract document, but will remain part of the official contract file.

(d) Addendum items are denoted by “addendum” in the clause or provision.

Note to Offerors: The Government reserves the right to evaluate proposals and award a contract without discussions. Therefore, each initial offer should contain the Offeror's best terms from a price and technical standpoint.

The Proposal Due Date is February 29, 2008 by 3:00 pm EST.

REQUEST FOR PROPOSAL INDEX

SECTION

CONTENT

I

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER

FOR COMMERCIAL ITEMS

II

SCHEDULE OF SUPPLIES/SERVICES

III

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions -- Commercial Items

Addenda to 52.212-4

52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders -- Commercial Items

ADDITIONAL CONTRACT CLAUSES

IV

PERFORMANCE WORK STATEMENT, EXHIBITS,

OR EXHIBITS

PERFORMANCE WORK STATEMENT

LIST OF EXHIBITS

EXHIBITS

V

SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors -- Commercial Items

Addenda to 52.212-1

52.212-2 Evaluation -- Commercial Items, in Solicitations for Commercial Items

52.212-3 Offeror Representations and Certifications—Commercial Items

ADDITIONAL PROVISIONS

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SCHEDULE OF SUPPLIES/SERVICES

1.

SUPPLIES AND/OR SERVICES TO BE FURNISHED

(a) The purpose of this contract is to establish support services for NARA exhibitions. This contract is designed to respond to a need which NARA has for fabrication of small and moderate sized exhibits, rehabilitation and additions to existing exhibits and production of quick response, temporary exhibits. This contract will provide NARA with assistance in producing new displays, or in rehabilitating or replacing old and outdated exhibits. The work will involve travel to NARA to meet with the staff, inspect exhibit sites, assess rehabilitation of existing exhibits, fabricate new temporary exhibits, prepare exhibit plans and/or scope of work, prepare cost estimates for the work, provide measurements, and fabricate and install exhibits.

(b) A sample exhibit labor chart (Pages 99-103), showcasing typical levels of commitment for the various labor categories, is provided for evaluation as well as contractor pricing purposes. Using the sample as your guide, insert loaded labor rates (direct labor, benefits, all indirect costs, general and administrative, and profits) for each labor category. Show “N/A” for any labor categories that your company does not have, but would subcontract for if needed. Rates will apply for the duration of each contract performance period.

*NOTE* Position Descriptions and responsibilities are detailed under section 5.0 of the Performance Work Statement, Staffing and Key Personnel. (Pages 31-34)

Hour Price

Base Year

Firm Fixed

Option

Year I

Firm Fixed

Year II

Firm Fixed

Year III

Firm Fixed

Year IV

(c) Material Mark Up (if any)

Materials will be reimbursed at actual and documented expenses plus a handling rate for materials, overhead, and acquisition expenses, if any. This same percentage will be used as the only mark up to subcontractor costs. Insert material mark up percentages below.

BASE

YEAR

OPTION

YEAR I

OPTION

YEAR II

OPTION

YEAR III

OPTION

YEAR IV

2. Task Order Assignments

(a) All work performed under this contract will be directed by the issuance of task orders in accordance with the procedures outlined in the Performance Work Statement (PWS). In no event will the Government be responsible for any work performed by the Contractor that is not undertaken pursuant to a duly executed task order signed by the Contracting Officer. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the PWS up to and including the amount designated as the "maximum." The Government will order at least the amount designated as the “minimum.” There is no limit on the number of orders that may be issued under this contract. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(b) If multiple awards are made, each awardee will be provided a fair opportunity to be considered for each task order issued exceeding $2,500. Task orders will be competed on a firm-fixed price basis among contract awardees in accordance with FAR 16.505(b), Orders under Multiple Award Contracts, and will be issued based on a best value basis, price and other factors considered. The evaluation criteria will be stated in the PWS for each task order.

(c) Orders may be placed at any time during the effective period of this contract. Any order issued during the effective period of this contract and not completed within that period 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 effective period. In the event of any inconsistency between any order and this contract, this contract shall control. The Contractor shall segregate the costs incurred in the performance of any order issued from the costs of all other orders issued under this agreement.

(d) Ordering. Task orders for services may be issued by the Contracting Officer or, as applicable and otherwise provided by this contract, a designated authorized Ordering Officer. The Contractor agrees to accept and perform orders issued by the Contracting Officer or designated Ordering Officer within the scope of this contract. Any task orders issued will be made in writing and signed by the Contracting Officer or, as applicable and otherwise provided by this contract, the designated Ordering Officer. Each order issued will:

(1) Set forth the services required;

(2) Set forth performance dates and times;

(3) Set forth the firm fixed order price;

(4) Set forth appropriation and accounting data for the work being ordered;

(5) Identify the contract number, CLIN, order number, PWS reference; and

(6) Set forth any other pertinent information;

(e) Firm Fixed Price Orders. Upon receipt of a proposed order, the Contractor shall promptly submit to the Contracting Officer or designated Ordering Officer who signed the order a technical proposal and price for the work specified in the proposed order. Depending upon the complexity of each task order, the Contractor may be required to submit a proposal within 5 to 10 business days of request. The Contractor shall not begin any work on an order until a firm fixed price order is issued by the Contracting Officer or, as applicable and otherwise provided by this contract, designated Ordering Officer. Promptly after receipt of the Contractor's technical proposal and price, the Contractor and the Contracting Officer shall negotiate and agree upon a price and delivery schedule for the work being ordered. The price and delivery schedule, as agreed upon, shall be set forth in the priced order and the order shall be signed by both the Contractor and the Contracting Officer. Subject to the contract terms and conditions, and unless otherwise directed by the Contracting Officer, the Contractor shall initiate performance promptly upon receipt of a signed order.

(f) Order Pricing. The Contractor shall compute the price for task or delivery orders using the hourly burdened labor rates as listed in Section II, Schedule of Supplies/Services. If no appropriate labor category exists, the Contractor shall develop its hourly rate using the same methods as used in the original proposal. In developing hourly rates for categories that are not included in Section II, the Contractor shall take into consideration the current minimum hourly wage rates and fringe benefits, established by the U.S. Department of Labor, Wage and Hour Division. The hourly rate prices shall be a fixed price composite rate. The new composite labor category hourly rates shall be supported by a written proposal explaining the basis and estimating methods used to develop the price for each new labor category proposed.

3.

Government Obligations

BASE YEAR

This IDIQ contract will be for one (1) year from the contract effective date. The Government will place orders totaling a minimum of $5,000. The amount of all orders during this one-year period will not exceed $550,000.

OPTION YEARS

This contract may be extended for four (4) additional one-year terms. If an option is exercised, the Government will place orders totaling a minimum of $5,000 each option year, with a maximum workload limit of $550,000. The total guaranteed minimum cumulative workload, base year and all option years, will be $25,000 and the maximum cumulative workload limit will then become $2,750,000 for the total five (5) year contract period.

NOTE: For Evaluation Purposes Only. The price proposal will be evaluated in accordance with the Evaluation Criteria For Award (Addendum), Evaluation of Price Proposal and Options, as set forth in Section V, FAR Clause 52.212-2, Evaluation—Commercial Items. For price evaluation purposes only, remember to go to Section V and fill in and extend your proposal prices where indicated and sum them where requested. (Once awarded, individual task order competitions may use a CLIN numbering scheme similar to the tables in Section V, although contract modifications will summarize to only two CLINs as discussed above).

CONTRACT CLAUSES

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (Feb 2007)

(IAW FAR 12.301(b)(3))

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or re-performance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) 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.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) 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 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 which reasonably could have been avoided.

(m) 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) 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.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of Clause)

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- Commercial Items (Aug 2007) (IAW FAR Part 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

_X__ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2007)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

_X__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X__ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126).

_X__ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X__ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X__ (26) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (27) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (28) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (29) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Aug 2006) (42 U.S.C. 5150).

___ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2006) (42 U.S.C. 5150).

___ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (33) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

_X__ (35) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (36) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (37) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (38) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005)(41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64,

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.222-42

Statement of Equivalent Rates for Federal Hires

(May 1989)

(IAW FAR 22.1006(b))

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause)

ADDITIONAL CONTRACT CLAUSES

(IAW FAR 16.506(a))

OCT 1995

(IAW FAR 16.506(b))

OCT 1995

(IAW FAR 16.506(e))

OCT 1995

(IAW FAR 17.208(f))

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 45 days.

NOV 1999

(IAW FAR 17.208(g))

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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.

MAR 2000

(IAW FAR 19.508(c))

JUN 2003

(IAW FAR 22.103-5(a))

FEB 1997

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

(IAW FAR 25.1103(a))

FEB 2006

IAW FAR 28.310)

JAN 1997

(IAW FAR 32.705-1(a))

APR 1984

APR 1984

(IAW FAR 32.705-1(b))

APR 1984

(IAW 37.110(b))

APR 1984

(IAW FAR 46.304)

AUG 1996

(IAW FAR 52.107(b))

FEB 1998

The full text of a clause may be accessed electronically at these addresses:

http://www.arnet.gov/far http://farsite.hill.af.mil/vffar1.htm

52.216-22

52.217-8

52.232-19

52.237-2

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION TERMS AND CONDITIONS

(ADDENDA to FAR 52.212-5)

NARA 4.1

SUBMISSION OF FORMS AND REPORTS

JUL 2000

All postage and fees relating to submitting information, including, but not limited to, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative COR shall be prepaid by the Contractor.

NARA 4.2

MARKING OF INFORMATION OR REPORTS

JUL 2000

All information or reports submitted shall prominently show on the cover of the report:

Name and business address of Contractor;

Contractor’s point of contact for report and phone number;

Contract number and/or Order number;

Contracting Officer’s name, phone number and address; and

Name and address of Contracting Officer's Representative COR.

NARA 5.5

PERFORMANCE REQUIREMENTS SUMMARY

DEC 2005

The Contract Performance Requirements Summary (PRS) is provided in Attachment __. In addition to other terms and conditions of this contract, the PRS will be used by the Government as part of the inspection and acceptance process to ensure quality performance by the Contractor. Use of the PRS in no way limits the Government’s right under any other terms or conditions of this contract to ensure quality performance.

NARA 7.2

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

January 2008 a.

(1) The Contracting Officer’s Representatives (COR) for this contract will be (Subject to Change):

National Archives and Records Administration

Name:

(1) Ray Ruskin

(2) Michael Jackson, new

(3)Wll Sandoval

(4) Lisa Royce

Address:

Office if the National Archives Experience, Room G-9

700 Pennsylvania Ave, NW

Washington, DC 20408

Telephone:

(To be provided at contract award) Fax:

(To be provided at contract award) Email:

(To be provided at contract award)

(2) The individuals named above are designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer (CO) in the discharge of the Contracting Officer's responsibilities. The COR is responsible for monitoring, giving progress reports to the Contracting Officer, providing technical direction and clarification to the Contractor within the scope of the contract, and overall technical surveillance of services to be performed under this contract. The COR should be contacted regarding questions or problems of a technical nature. Technical direction and clarification must be within the general scope of the work stated in the contract. Technical direction and clarification may not be used to: (1) assign out of scope work under the contract; (2) direct a change not authorized by the Changes clause of this contract: (3) increase or decrease the contract price or estimated contract amount (including fee), the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government.

(3) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor shall immediately notify the CO and follow-up in writing within in five (5) calendar days. The Contractor shall proceed with the questioned work affected by the technical direction or clarification unless instructed otherwise by the CO.

b.

The responsibilities of the COR include, but are not limited to, the following:

(1) Provides technical direction and ensures quality assurance;

(2) Reviews and certifies invoices in accordance with invoicing instructions of the contract ensuring that payment is made only for satisfactory services or supplies received. Maintains file copies of all invoices and supporting documentation. Monitors the costs of cost‑reimbursement, time‑and‑material, and labor hour type contracts to ensure that they are reasonable for the efforts performed; this includes the type of labor and number of labor hours, travel locations/duration/number of travelers, and types, quantities, and costs of material. Upon certification of invoices, the COR shall provide a copy of the invoice and certification to the payment office and a copy to the contracting office.

(3) Monitors contract performance, provides inspection and acceptance of Contractor performance, certifying that the services are satisfactory and performed in accordance with the contract's terms and conditions. Whenever possible, the originator of the acquisition requirements should not also be the inspector/acceptor of the services; therefore, the level above the COR will sign as the originator/requestor of all acquisitions requiring a COR.

(4) Submits a written report to the Contracting Officer (CO) addressing all aspects of the Contractor's performance, including cost effectiveness, quality, and timeliness of performance. This report shall be submitted no less than annually.

(5) Ensures information received from the COR is accurate and complete and that the COR maintains a non-personal relationship with the Contractor.

(6) Maintains a COR file, by contract, task order, or deliver order containing contract documentation including the contract, modifications, appointment letters and Government and contractor correspondence.

(7) Completes and forwards information regarding all Government property furnished to the contractor to the CO, retaining records of the date provided to the contractor and the condition of the property.

(8) Serves as the point‑of‑contact through which the Contractor can relay questions or problems that cannot be resolved by the COR to the Contracting Officer.

(9) Confers with representatives of the Contractor regarding any non-performance or unsatisfactory performance; following through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CO.

(10) Reviews and evaluates Contractor's cost or price estimates and furnishes comments and recommendations to the CO. Any price changes to the contract must be well documented. Changes to a fixed price contract must also have formal changes to the statement of work or performance work statement.

(11) Advises the CO of any performance problems and makes recommendations for corrective action to correct performance issues.

(12) Furnishes the CO with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver.

c.

Nothing in the foregoing paragraphs of this clause shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected unresolved disputed technical direction or clarification that is pending before the CO.

NARA 7.5

INVOICE SUBMISSION REQUIREMENTS

JUL 2005

a. (1)(a) All original invoices not designated to be reimbursed by Government purchase card, submitted for payment shall be sent electronically to the following e-mail address: NAR@bpd.treas.gov . Protected Microsoft Excel Files are the preferred format; however, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are also acceptable. To receive a free invoice of your electronic payment, register at http://fms.treas.gov/paid

a. (1)(b) If electronic invoices are not possible, all original invoices (plus two copies) for services not designated to be reimbursed by Government purchase card, submitted for payment shall be sent to:

ARC/ASD/NAR

ARC/ASD/NAR Avery 3F

Bureau of Public Debt

PO Box 1328

Parkersburg, WV 26106-1328

Note: For payment and invoice questions, call the Bureau of Public Debt at 304-480-7000

a. (2) The Contract Specialist and the COR shall be sent a copy of all invoices and attachments.

b. All invoices for services must be submitted on a monthly basis.

c. All invoices will be paid using information from the Central Contractor Registration (CCR). Therefore, payment will be made to the EFT information that matches the DUNS number for this award.

NARA 7.7

CERTIFICATION OF INVOICE

DEC 2002

a.

The CO and COR will review a copy of each invoice for correctness of labor categories used, services performed, materials used, etc. The COR will certify if services/supplies are satisfactorily received and:

(1) Submit this receiving report information to the payment office for payment; or

(2) Authorize reimbursement by Government purchase card.

b.

If the CO or COR disagrees with the invoice, the CO or COR, as appropriate, will immediately:

(1) Notify the paying office or withhold Government purchase card reimbursement;

(2) Contact the Contractor to resolve any discrepancies,

(3) Obtain a corrected invoice; and, as appropriate, (4)

Forward the corrected payment information to the paying office or authorize Government purchase card reimbursement.

c.

If only a portion of the invoice costs are in dispute, the CO or COR, if assigned, will certify only the undisputed costs and, as appropriate, submit the payment information to the payment office for partial payment or authorize only partial Government purchase card payment. The COR will work with the Contractor to resolve any remaining disputed costs.

d.

If the COR cannot resolve the invoice discrepancy with the Contractor, or if a problem has been noted with the Contractor's performance, the COR shall notify the Contracting Officer, in writing, with details of the problem.

NARA 7.8

ADJUSTING PAYMENT

Under the terms and conditions of this contract, payment may be adjusted if any services do not conform to contract requirements (see also FAR 52.212-4(a), Inspection/Acceptance and FAR 52.246-4, Inspection of Services, if used). The COR will usually inform the Contractor in writing of the type and dollar amount of proposed payment adjustment deductions with reference to the appropriate contract term or condition on or before the 15th calendar day of the month succeeding the performance period for which the deductions are to be made. Any disagreement should be elevated to the contracting officer.

NARA 7.10

FINAL PAYMENT

Befo…