LABELS RFP _1.doc

National Archives and Records Administration

REQUEST FOR PROPOSAL (RFP)

SPECIFICATION FOR LASER TONER PRINTABLE LABELS MADE FROM POLYESTER LABEL MATERIAL

SOLICITATION NUMBER:

NAMA-09-R-0004

ISSUE DATE:

February 6, 2009

PROPOSALS DUE:

February 27, 2007; 12:00 PM EST

All solicitation questions must be submitted by 12:00pm

EST on February 20, 2009.

PERIOD OF SERVICES:

Anticipated March 05, 2009 (or date of contract award if later than anticipated date) through March 04, 2010 plus 4 (four) 12-month option periods.

SEND OR HAND CARRY PROPOSALS TO:

National Archives and Records Administration

NAA Acquisition Services Division - RFP NAMA-09-R-0007 8601 Adelphi Road

Room 3340 Attn: Mr. Stuart Hitchings, Contract Specialist College Park, MD 20740-6001

301-837-1633

NOTICE TO OFFERORS

COMPLETION OF SOLICITATION REQUIREMENTS

Ensure that all forms and additional information are completed in their entirety. Verify calculations before signing the proposal.

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements there to 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) FAR 52.212-1, “Instructions to Offerors”; FAR 52.212-2, “Evaluation-Commercial Items”; and FAR 52.212-3, “Offeror Representations and Certifications-Commercial Items,” will be physically removed from any resultant award, but will remain part of the official contract file.

(d) Addenda items are denoted by “addenda” in the clause or provision.

Note to Offerors: The Government intends or 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 27, 2009; 12:00 PM EST.

REQUEST FOR PROPOSAL INDEX

CONTENT

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SCHEDULE OF SUPPLIES

SOLICITATION CLAUSES

FAR 52.212-4

Contract Terms and Conditions -- Commercial Items

Addenda to FAR 52.212-4 National Archives and Records Administration Clauses (Addenda)

FAR 52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

STATEMENT OF WORK (SOW)

Attachment 1 – Laser Printable Polyester Material Die Cut Labels Attachment 2 – Contractor’s Qualifications and Financial Information (GSA Form 527)

Attachment 3 – Disclosure of Lobbying Activities (SF Form LLL)

SOLICITATION PROVISIONS (Will Be Removed In Final Contract)

FAR 52.212-1

Instructions to Offerors - Commercial Items

Addenda to 52.212-1

FAR 52.212-2 Evaluation - Commercial Items

FAR 52.212-3

Offeror Representations and Certifications - Commercial Items

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 17a, 30a, 30b, & 30c

If selected for award, the Contracting Officer will complete Blocks 31a, 31b, and 31c and return to the Offeror.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

NAMA-09-R-0004

6. SOLICITATION ISSUE

DATE

February 6, 2009

7. FOR SOLICITATION

INFORMATION CALL:

Stuart Hitchings

b. TELEPHONE NUMBER (No collect calls) 301-837-0310

8. OFFER DUE DATE/

LOCAL TIME

February 27, 2009

12:00 PM

9. ISSUED BY:

CODE

10. THIS ACQUISITION IS

FORMCHECKBOX

UNRESTRICTED OR

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SET ASIDE 100% FOR

National Archives and Records Administration NAA Acquisition Services Division 8601 Adelphi Road

Room 3340

College Park, MD 20740-6001

NAICS: 322231

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB: DESTINA-

TION UNLESS BLOCK IS

MARKED

13a. THIS CONTRACT IS A 13b. RATING

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SEE SCHEDULE

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO:

CODE

16. ADMINISTERED BY::

CODE

See Block 9

17a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

TELEPHONE NO.

See Addendum

FORMCHECKBOX

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

FORMCHECKBOX

ARE

FORMCHECKBOX

ARE

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ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REF OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

PRESCRIBED BY GSA – FAR (48 CFR) 53.212

Schedule of Supplies 1.

SERVICES TO BE FURNISHED

The Contractor must provide Printed Polyester Label Sheets, Style F i in accordance with the Statement of Work (SOW) to the destinations. The table below outlines the destinations and the estimated maximum quantity of supplies, per CLIN, to be provided to each destination.

DESTINATION

CLIN - MAX QUANTITY (per CLIN)

National Archives at College Park Loading Dock 3301 Metzerott Road

CLINs 0001, 0005, 0009, 0013, 0017- 30,100

National Archives Building Loading Dock 7th and Pennsylvania Ave., NW Washington, DC 20408 (See Note 1) CLINs 0001, 0005, 0009, 0013, 0017- 16,000

National Archives

Northeast Region 380 Trapelo Road Waltham , MA 02452-6399 CLINs 0001, 0005, 0009, 0013, 0017- 200

National Archives

Northeast Region-New York 201 Varick Street New York, NY 10014-4811 (See Note 2) CLINs 0001, 0005, 0009, 0013, 0017- 300

National Archives Mid Atlantic Region-Philadelphia 900 Market Street Philadelphia, PA 19107 (See Note 2) CLINs 0001, 0005, 0009, 0013, 0017- 300

National Archives

Southeast Region – East Point 5780 Jonesboro Rd (Archival Operations) Morrow, GA 30260-3086 CLINs 0001, 0005, 0009, 0013, 0017- 300

National Archives

Pacific Region-San Bruno 1000 Commodore Drive San Bruno, CA 94066

CLINs 0001, 0005, 0009, 0013, 0017- 2,000

National Archives

Great Lakes Region – Chicago

7358 South Pulaski Road

Chicago, IL 60629 CLINs 0001, 0005, 0009, 0013, 0017- 200

National Archives

Central Plains Region – Kansas City

2312 East Bannister Road

Kansas City, MO 64131 CLINs 0001, 0005, 0009, 0013, 0017- 5,000

National Archives

Southwest Region-Fort Worth 1400 John Burgess Drive Fort Worth, TX 76140

CLINs 0001, 0005, 0009, 0013, 0017- 4,000

National Archives

Rocky Mountain Region-Denver Denver Federal Center, Building 48 Denver, CO 80225 CLINs 0001, 0005, 0009, 0013, 0017- 300

National Archives

Pacific Region – Laguna Niguel

24000 Avila Road

Laguna Niguel, CA 92677-6719 CLINs 0001, 0005, 0009, 0013, 0017- 200

National Archives

Pacific Alaska Region-Seattle 6125 Sam Point Way, NE Seattle, WA 98115 CLINs 0001, 0005, 0009, 0013, 0017- 600

National Archives

Pacific Alaska Region – Anchorage

654 West 3rd Street

Anchorage, AK 99501 CLINs 0001, 0005, 0009, 0013, 0017- 500

2. PRICING OF BASE PERIOD

Each Offeror shall identify the base period "Fixed Unit Price" and "Total Amount” (estimated Not-to-Exceed (NTE) price) for the supplies described in paragraph 5, Schedule/Pricing.

(a) The "Fixed Unit Price" shall be the Offeror's fixed price for one unit of the supplies identified in the CLIN.

(b) The "Total Price" (estimated NTE) for each separately priced CLIN shall be the "Fixed Unit Price" multiplied by the “Max Qty” (maximum quantity) to equal the price for the base contract period.

(c) The “Total Base Period Ceiling Contract Price” shall equal the sum of each CLINs’ NTE “Total Price” in the base period.

3. PRICING OF OPTIONS

(a) Options shall be priced using the procedure for pricing the contract base period.

(b) The “Total Option Period Ceiling Contract Price” for each option period shall be the total of each option period’s CLINs

(c) The “Total Ceiling Contract Price” is the sum of the Total Base Period Contract Ceiling Price and the Total of all Option Period Contract Ceiling Prices.

4. CONTRACTOR PERFORMANCE OF CONTRACT REQUIREMENTS

The Government assumes the Contractor will provide satisfactory supplies. However, if the Contractor does not provide satisfactory supplies, the Government will employ remedies in accordance with FAR 52.246-2, Inspection of Supplies-Fixed-Price (Aug 1996) or as outlined in the RFQ.

5. SCHEDULE/PRICING

(a) In accordance with this contract, the Contractor must provide all management, supervision, labor, material, supplies, transportation, and equipment described herein, and must plan, schedule, coordinate, and assure effective performance. For bidding purposes, pricing of each CLIN should include all work necessary to produce and deliver the supplies. NOTE: NSP (Not Separately Priced); NTE (Not-to-Exceed); TBD (To Be Determined); CLIN (Contract Line Item Number); and SOW (Statement of Work).

(b) Offerors must quote prices for the base period as well as the option periods in order to be considered for an award. Failure to fully comply with the stated requirements may be cause for rejection of offer. All other direct cost (ODC) items other than those provided in the schedule by the Government must be separately priced, identified, and explained. The Offeror must clearly identify other ODCs as exceptions to the Schedule of Prices. Any ODCs accepted by the Government will be clearly identified in the ODC line item text at award. Those not included in the text at award have been excluded by omission.

(c) The Government guarantees that five percent of the contract value will be ordered during the term of this contract.

(d) Note to Offerors:

1. At Delivery Location: National Archives – 7th & Pennsylvania Ave., NW, Washington, DC, low boy trailers cannot get into garage.

2. At Delivery Locations: National Archives – 900 Market Street, Philadelphia, PA and National Archives – 201 Varick Street, New York, NY, trailers cannot exceed 12 feet – six inches in height. Deliveries can only be made during the hours of 9:30 AM to 2:30 PM. Twenty-four hour advance notice, prior to delivery, is required.

(f) Base Period – Anticipated March 05, 2009 (or date of contract award if – March 05, 2009 later than anticipated date)

QTY

MAX

QTY

UNIT

PRICE

TOTAL

PRICE

Estimated

Not to Exceed Price

$7000.00

Not to Exceed

RESERVED

RESERVED

(g) Option Period 1 – March 05, 2010 – March 04, 2011

QTY

MAX

QTY

UNIT

PRICE

TOTAL

PRICE

Estimated

Not to Exceed Price

$7,500

Not to Exceed

RESERVED

RESERVED

(h) Option Period 2 – March 05, 2011 – March 04, 2012

QTY

MAX

QTY

UNIT

PRICE

TOTAL

PRICE

Estimated

Not to Exceed Price

$8,000

Not to Exceed

RESERVED

RESERVED

(i) Option Period 3 – March 05, 2012 – March 04, 2013

QTY

MAX

QTY

UNIT

PRICE

TOTAL

PRICE

Estimated

Not to Exceed Price

$ 8,500

Not to Exceed

RESERVED

RESERVED

(j) Option Period 4 – March 05, 2013 – March 04, 2014

QTY

MAX

QTY

UNIT

PRICE

TOTAL

PRICE

Estimated

Not to Exceed Price

Not to Exceed

RESERVED

RESERVED

SOLICITATION CLAUSES

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Oct 2008 (IAW FAR 12.301(b)(3))

Contract Terms and Conditions -- Commercial Items (Oct 2008)

(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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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 Governmentwide 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)

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION TERMS AND CONDITIONS

(ADDENDA to 52.212-4)

1. SUBMISSION OF FORMS AND REPORTS

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

2. GOVERNMENT CONTRACT ADMINISTRATION

a.

The contract will be administered by:

Acquisition Services Division, Code NAA

Room 3340

8601 Adelphi Road b.

Contract administration:

Any Authorized NARA Contracting Officer (CO)

Telephone: (301) 837-3100

Stuart Hitchings, Contract Specialist

Telephone: (301) 837-0310

Email: stuart.hitchings@nara.gov

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. Written communication to the Contract Specialist (CS) must make reference to the contract number and must be mailed, postage prepaid, to the above address.

c.

Contracting Officer (CO)

(1) The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

3. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

a. COR:

Mr. Darryl Munsey

8601 Adelphi Road

Phone: (301) 837-1998

Fax: (301) 837-3232

E-Mail: darryl.munsey@nara.gov

(i) The individual named above is designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer (CO) in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the Contract Specialist (CS), and overall technical surveillance of services to be performed under this contract and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the CO be effective or binding upon the Government.

(ii) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor must promptly notify the CO in writing.

(iii) No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change.

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

(A) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO;

(B) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(C) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO;

(D) Review and certify invoices in accordance with invoicing instructions of the contract. Maintain a file with copies of these documents;

(E) Review and evaluate Contractor's indefinite delivery, indefinite quantity (IDIQ) estimates, furnish comments, and recommendations to the CS/CO;

(F) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues;

(G) Furnish the CS 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;

(H) Submit a written evaluation to the CS/CO within 60 days of contract completion or annually on the anniversary date for contracts that include options. The evaluation should include:

(1) The quality and timeliness of the Contractor's performance; and

(2) A statement as to the uses made of any deliverables furnished by the Contractor.

4.

APPOINTMENT OF ORDERING OFFICER(S)

(a) The following individual(s) are designated the authorized Ordering Officer(s) under this contract for email or facsimile Task or Delivery Orders.

Name/Organization: Darryl Munsey

Telephone: (301) 837-1998

(b) Although the(se) individual(s) is/are responsible for issuing and administering any Task or Delivery Orders placed hereunder, no authority to modify any terms or provision of this contract is granted. Any deviation from the terms of the basic contract must be submitted to the Contracting Officer in writing for contractual action. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government.

(c) Should you have questions regarding individual Task or Delivery Orders, however, contact these individual(s), and not the Contracting Officer.

(d) The responsibilities of the Ordering Official include, but are not limited to, the following:

(1) Placing written orders for supplies using either e-mail or fax; consolidating orders each month and preparing and issuing written task order;

(2) Documenting all orders and maintaining order files; providing copies to the CO and COR;

(3) Ensuring Contractor’s invoices match order quantities; and

(4) Providing technical assistance/recommendation regarding the individual orders.

5.

INVOICE SUBMISSION REQUIREMENTS

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, shall be sent to:

ARC/ASD/NAR

ARC/ASD/NAR Avery 3-F

P.O. 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.

The Contractor’s invoice shall include the following information and/or attached documentation:

(1) Name of the business concern and invoice date;

(2) The complete contract number and/or delivery/task order number preceded by the letters NAMA;

(3) Description, price, and quantity of supplies actually delivered or rendered and segregated by CLIN and/or SUBCLIN number(s) including dates;

(4) Payment terms;

(5) DUNS number;

(6) Taxpayer’s Identification Number (TIN);

(7) Government Fund Cite and DOC/ACT Number (eight digit number preceded by the letter N); and

(8) Government Organization ordering the items c.

All invoices for services must be submitted on the first of each month.

d. 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.

6.

CERTIFICATION OF INVOICE

(a) The COR and CS will review a copy of each invoice for correctness, supplies provided, etc. The COR will certify if services/supplies are satisfactorily received and:

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

(2) Authorize reimbursement by Government purchase card.

(b) If the COR or CS disagrees with the invoice, the COR will immediately:

(1) Notify the Contracting Officer and paying office;

(2) Withhold certification or, if applicable, Government purchase card reimbursement;

(3) Contact the Contractor to resolve any discrepancies;

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

(5) 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 coordinate 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 must notify the Contracting Officer, in writing, with details of the problem.

7.

PAYMENT

(a) Payments must be made on a calendar month basis in arrears of supplies delivered upon submission of a proper invoice. Payments will be due on the 30th calendar day after receipt of a proper invoice, or on the 30th calendar day after the date the supplies were accepted by the Government, whichever is later.

(1) No contract payments will be made by check. Invoice payments will be made electronically in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration

(2) The date of payment by wire transfer through the Treasury Financial Communications system must be considered to be the date payment is made.

(b) The Contractor will be paid for the work called for in the PWS and identified and set forth in the “Line Item Description” located in the Schedule of Supplies/Prices of this contract. Payment for delivered supplies, minus any deductions from the invoiced price made in accordance with FAR 52.246-2, Inspection of Supplies-Fixed Price, will be made monthly upon submission of the Contractor’s properly certified invoice.

8. FINAL PAYMENT

Before final NARA payment is made, the Contractor shall furnish to the Contracting Officer a written release of all claims against the Government arising by virtue of the contract, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor's claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the Contracting Officer, whichever is later.

9.

TIME OF DELIVERY

Delivery is to be made at destination within 30 calendar days after receipt of order. (Note: A change in the number of days for delivery may make your offer non-responsive.)

10.

PLACE OF DELIVERY

Prices offered must cover delivery f.o.b. destination to the facilities listed in the Schedule of Supplies.

11. DURATION OF CONTRACT ORDERING PERIOD FOR INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) ORDERS

(a) The ordering period under this contract shall become effective on the date of award and shall be applicable to all orders placed hereunder for a period of 12 months, unless terminated in accordance with provisions herein, or extended in accordance the options provision.

(b) The period of performance for IDIQ supplies to be furnished under this contract shall be specified in each Delivery Order placed.

12.

ORDERS FOR SUPPLIES

(a) General. Orders for supplies specified in the Schedule of Supplies may be issued by the Contracting Officer or, as applicable and otherwise provided by this contract, a designated authorized Ordering Officer(s). The Contractor agrees to accept and perform orders issued unilaterally by the Contracting Officer or designated authorized Ordering Officer(s) within the scope of this contract. Orders may be placed at any time during the effective period of this contract. Except as otherwise provided in any order, the Contractor shall furnish all supplies and materials necessary to accomplish the work specified in each order issued hereunder. In the event of any inconsistency between any order and this contract, this contract shall control. All requirements of this contract will be applicable to all orders issued hereunder.

(b) Ordering. Requests for supplies as provided for in this contract will be made in writing (e-mail or facsimile) by the Contracting Officer or, as applicable and otherwise provided by this contract, a designated authorized Ordering Officer(s) on an as needed basis. At the end of each month, a formal written delivery order will be issued to the Contractor by the Contracting Officer or, as applicable and otherwise provided by this contract, designated authorized Ordering Officer(s) to formalize all supply requests made during the previous month. The Contract must notify the Government official who signed the delivery order of any discrepancies between the supplies provided by the Contractor during the previous month and the supplies listed on the Government delivery order for that month. Request for supplies will, as a minimum:

(1) Be dated;

(2) Include contract number and CLIN as appropriate, including quantity ordered;

(3) Indicate delivery date required;

(4) Set forth any other pertinent information; and

(5) Include name of individual requesting supplies.

(c) Order Payment. No invoice will be certified for payment by the Government until the Government verifies that all supplies were provided in accordance with the order and contract requirements.

13.

PERIOD OF PERFORMANCE/CONTRACT TYPE

(a) Period of Performance. The period of performance is for a base period of twelve (12) months and four (4) option periods of twelve (12) months each.

(b) Contract Type. This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract.

(c) Funding will be obligated on the individual delivery order

14.

FAR 52.209-4 FIRST ARTICLE APPROVAL – GOVERNMENT TESTING (SEP 1989)

(IAW FAR 9.308-2(a) and (b))

(a) The Contractor shall deliver three (3) sheets, laser printable polyester material die-cut sheet label stock in 8up format (3.75 wide by 2.375 tall)of Lot/Item one (1) within 15 calendar days from the date of this contract to the Government Contract Specialist at the National Archives and Records Administration, NAA, Room 3340, 8601 Adelphi Road, College Park, MD 20740-6001 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within fifteen (15) calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of Clause)

16. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(IAW FAR 17.208(g))

a. The Government may extend the term of this contract by written notice to the Contractor within 30 days provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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 66 months.

17. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(IAW FAR 52.107(b))

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):

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

FAR 52.216-18 ORDERING (OCT 1995)

b.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

c.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

d.

FAR 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

e.

FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

f.

FAR 52.243-1 CHANGES-FIXED PRICE (AUG 1987)

g.

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS- Required to Jan 2009 Implement Statutes or Executive Orders-COMMERCIAL ITEMS

(IAW FAR 12.301(b)(4))

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2007)

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Sep 1996)(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]

_ _ (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.

_ _ (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 2006)(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).

_X_ (15) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X_ (16) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

_X_ (17) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (18) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X_ (19) 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_ (20) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X_ (21) 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_ (22) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (23) (i) 52.223-9, Estimate of Percentage…