final_NAMA-12-R-0015.docx

ENCLOSURE 3

TERMS AND CONDITIONS

This is a combined synopsis/solicitation for commercial items in accordance with the format in FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; fixed price proposals are requested and a written solicitation will not be issued. The solicitation number is NAMA-12-R-0015 and is issued as a Request for Proposal (RFP). This request does not commit the government to pay any costs incurred in the preparation of the submission of this proposal or to contract for supplies or services. Any representations and/or certifications attached to this RFP must be completed by the offeror. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60, effective July 26, 2012. COMPETITION: This acquisition unrestricted and subject to full and open competition. EVALUATION: The Government reserves the right to make an award without discussions of this procurement. Evaluation and award will be in accordance with the procedures of FAR Subpart 12.602, Streamlined Evaluation of Offers. Award will be made to the offeror whose conforming proposal in response to the RFP will be most advantageous to the Government. Best value for this award will be obtained through a lowest price technically acceptable evaluation. For evaluation purposes, the fixed price for each CLIN will be determined by multiplying the firm fixed Unit Price by the Maximum Quantity of units, and the Total fixed price will be determined by summing the price of all CLINs. The Government will only accept commercial-off-the-shelf items. In order to facilitate a comprehensive Government evaluation, contractors quoting other than the specified brand name and/or model number (“Or Equal”), contractors MUST explicitly indicate this in their proposal. Contractors MUST submit itemized technical specifications—that address each enumerated requirement of RFP Enclosure 2, Salient Characteristics—for each proposed “Or Equal” item. CONTRACT TYPE: The National Archives and Records Administration (NARA) intends to issue an Indefinite Delivery Indefinite Quantity (IDIQ) contract with firm fixed unit price. AFFIRMATION STATEMENTS: Supplies furnished under this RFP are of domestic origin unless otherwise indicated by contractor. Contractors must include the country name for the Place of Manufacture (End Product) for each CLIN in their proposal submissions in order to assist with Congressional reporting requirements of end products manufactured outside of the United States, see FAR subpart 25.004. REQUIREMENT: The purpose of this acquisition is to purchase positive duplicating microfilm to facilitate the preservation and access to the public of NARA’s non-textual holdings: CLIN 0001, Positive Duplicating Microfilm, manufactured AGFA., Manufacturer part number: 2OYAT, Minimum Quantity: 200, Maximum Quantity: 2,000, Unit of Issue: Roll. Contractors must submit their pricing in accordance with RFP Enclosure 1, Schedule of Prices and Delivery Schedule. DELIVERY: F.O.B. Destination pricing is requested for each CLIN, all delivery costs must be included in total firm fixed-price. See RFP Enclosure 1, Schedule of Prices and Delivery Schedule. Packaging must be in a manner that prevents damage to the equipment during shipment. Delivery must be undertaken during regular business hours (7 AM and 5 PM Eastern Time), Monday through Friday, unless mutually agreed upon by NARA and the Contractor. Deliveries will be made in accordance with the delivery schedule outlined in RFP Enclosure 1, Schedule of Prices and Delivery Schedule. QUESTIONS/ REQUESTS FOR CLARIFICATION: All questions or requests for clarification regarding this RFP must be submitted in writing to Mrs. Evelyn Dean no later than 3:00 PM E.T. on August 24, 2012 to be considered. Questions submitted at a later date may not be answered. The Government will answer questions or requests for clarification via a written solicitation amendment. SUBMISSION OF PROPOSAL: Hard copy submission: An original plus three (3) copies of each proposal should be mailed to National Archives and Records Administration (NARA), Attention: Mrs. Evelyn Dean (NAMA-12-R-0015), 8601 Adelphi Road, Room 3340, College Park, MD 20740-6001. Electronic submission: Proposals may also be e-mailed to: evelyn.dean@nara.gov. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of proposal as the e-mail will need to pass through IT security. Submission deadline: Proposals should be received by 3:00 PM E.T. on August 31, 2012. Failure to submit proposals by the due date may result in rejection of the proposal as untimely. The following Federal Acquisition Regulation (FAR) clauses and NARA Terms and Conditions are incorporated and are to remain in full force in any resultant firm fixed-price contract, with the exception of FAR provisions which will be removed prior to award: 1. FAR 52.211-6, Brand Name or Equal (Aug 1999) – Applies to CLIN 0001. Contractors must clearly demonstrate equality if quoting other than Brand Name for these CLINs.

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— Meet the salient physical, functional, or performance characteristic specified in this solicitation;

Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation. 2. FAR 52.212-1, Instruction to Offerors—Commercial Items (Feb 2012). 3. FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Apr 2012) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. 4. FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Feb 2012). 5. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jul 2012). Please see RFP Enclosure 3, Terms and Conditions, for additional FAR provisions and clauses and NARA Terms and Conditions.

LISTING OF RFP DOCUMENTS

NAMA-12-R-0015

CONTRACT LINE ITEMS (CLINs) REQUIRED:

ITEM

NO.

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL FIRM

FIXED-PRICE

Manufacturer: AGFA or equal Part No. 2OYAT or equal

PAYMENT TERMS: __________________________

Delivery Date - Delivery is required within 30 calendar days from the date of the contract. National Archives and Records Administration, Digitization Services Branch (IDS), 3301 Metzerott Road, College Park, MD 20740. *See the Terms and Conditions for additional Mark For information required to be included on each shipping container label.

NOTES

1. BRAND NAME OR EQUAL ITEMS WILL BE EVALUATED - CLIN 0001: If providing other than the specified brand name and/or model number, vendors MUST explicitly state this in their proposal. Contractors MUST submit itemized technical specifications—that address each enumerated requirement of the RFP Enclosure 3, Salient Characteristics — for each proposed item, to facilitate a comprehensive Government evaluation.

2. EVALUATION - Competition for this requirement among small businesses is anticipated. Best value for this order will be obtained through a lowest priced technically acceptable evaluation in accordance with FAR 12.602. For evaluation purposes, the fixed price for each CLIN will be determined by multiplying the firm fixed Unit Price by the Maximum Quantity of units, and the Total fixed price will be determined by summing the price of all CLINs.

3. MINIMUM AND MAXIMUM QUANTITIES - The Government guarantees that it will place an order for, at the very least, the Minimum Quantity for each CLIN with the successful contractor. The anticipated first delivery order will be issued within 14 calendar days after the contract is fully executed. NARA may order additional quantities from the successful contractor during the IDIQ ordering period, up to the Maximum Quantity listed for the pertinent CLIN.

DELIVERY INSTRUCTIONS - Contractor shall clearly print the Mark For Information (provided at time of order issuance) in addition to the Delivery Address on shipping container address labels.

A. ANTICIPATED FIRST ORDER – The anticipated first order will be issued within 14 calendar days after the contract is fully executed. Below are the estimated quantities and delivery instructions for the first order:

DELIVERY ADDRESS

MARK FOR INFORMATION

DELIVERY DATE

3301 Metzerott Road College Park, Maryland 20740

NAMA-__ - _ - ____

Attn: TBD Code: TBD Room: TBD 30 Calendar Days ARO

* ARO = After Receipt of Order

B. SUBSEQUENT ORDERS – Quantities and delivery instructions shall be provided separately with each order.

ENCLOSURE 1

SCHEDULE OF PRICES AND DELIVERY SCHEDULE

Items subject to FAR provision 52.211-6, Brand Name or Equal

Positive Duplicating Microfilm

35mm x 305m

1,000 ft.

Polyester

Positive duplicating

Non-perforated meet ISO standard for Archival use

ENCLOSURE 2

SALIENT CHARACTERISTICS

(Current as of FAC 2005-60, July 26, 2012)

IMPORTANT INFORMATION FOR CONTRACTORS: The following Federal Acquisition Regulation (FAR) clauses and NARA Terms and Conditions are incorporated and are to remain in full force in any resultant fixed-price contract, with the exception of FAR provisions which will be removed prior to award:

I. SECTION I: FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS AND CLAUSES

A. FAR Provisions

1. FAR 52.211-6, Brand Name or Equal (Aug 1999) – Applies to CLIN 0001. Contractors must clearly demonstrate equality if quoting other than Brand Name for this CLIN.

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— Meet the salient physical, functional, or performance characteristic specified in this solicitation;

Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

2. FAR 52.212-1, Instruction to Offerors—Commercial Items (Feb 2012)

3. FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Apr 2012) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

4. FAR 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate (June 2009) - (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and” “United States” are defined in the clause of this solicitation entitled “Buy American Act–Free Trade Agreements–Israeli Trade Act.” (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

5. FAR 52.225-18, Place of Manufacturer (Sept 2006) –

(a) Definitions. As used in this clause— “ Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ___ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ___ Outside the United States.

B. FAR Clauses

1. FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Feb 2012)

2. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jul 2012) - (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

[Contracting Officer check as appropriate. Marked with X below and bolded.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (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.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 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)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X (51)(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. Marked with X below and bolded.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (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.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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. (End of Clause)

3. FAR 52.216-18, Ordering (Oct 1995) - (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for up to 12 months from the date of contract award. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

4. FAR 52.216-19, Order Limitations (Oct 1995) - (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one roll, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 2,000 rolls;

(2) Any order for a combination of items in excess of 2,000 rolls; or

(3) A series of orders from the same ordering office within two days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

5. FAR 52.216-22, Indefinite Quantity (Oct 1995) - (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.” (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that 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’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from date of award.

6. FAR 52.252-2, Clauses Incorporated By Reference (Feb 1998) - This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

II. ADDITIONAL NARA TERMS AND CONDITIONS

A. GOVERNMENT CONTRACT SPECIALIST

The Contract Specialist assigned to this acquisition is:

Evelyn Dean, Contract Specialist Telephone: (301) 837- 0736 Email: Evelyn.Dean@nara.gov

B. MARK FOR INFORMATION

Contractor must include the following information clearly on shipping container address label:

Award Number: ____(tbd)_____________ Accepting POC: ____(tbd)___________, Code _________ Room ________

C. INVOICE SUBMISSION REQUIREMENTS

1. All original invoices 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 notification of your electronic payment, register at http://fms.treas.gov/paid

2. If electronic invoices are not possible

a) Original invoices shall be sent to:

ARC/ASD/NAR

Avery Street 3-F Bureau of the Public Debt P.O. Box 1328 Parkersburg, WV 26106-1328

b) One copy to the Contract Specialist (identified above).

c) One copy to:

National Archives and Records Administration Attn: TBA, Code TBA

TBA

College Park, MD 20740 Email: TBD@nara.gov

For Bureau of Public Debt paying office (ARC/ASD/NAR) payment and invoice questions, call 304-480-7000

3. The Vendor’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 services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number(s);

(4) Payment terms;

(5) DUNS number;

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

(7) Government Fund Cite; and

(8) Government Organization ordering the items

4. Invoices for supplies should not be submitted until the supplies have been received and accepted by the Government.

5. 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.