NEEOISO Terms and Conditions_March 2020.docx

1 - PART 1 - COVER SHEET AND SCHEDULE

ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

Amendment Number Date Amendment Number Date

REMITTANCE ADDRESS

Remittance Address (if different from Block 16, PS Form 8203)

INVOICE STATEMENT

All invoices MUST reference the Award Number and corresponding line item number listed on this purchase document. Invoices not in compliance may result in delayed payment.

Invoices that do not include the Supplier's Name as stated on the original award document or latest modification will be returned.

All payments for this award and related orders will be transmitted or sent to the Remittance Address on the Award document or latest modification, regardless of any Remittance Address on the invoice. The Supplier must notify the Contracting Officer of any change to the Supplier name and/or Remittance Address.

PRIVACY ACT STATEMENT

Privacy Act Statement: Your information will be used to determine your qualifications for a USPS EEO contract investigator. Collection is authorized by 39 U.S.C. 401, 409, 410, 1001, 1005, and 1206. Providing the information is voluntary, but if not provided, we may not be able to process your response to this solicitation. We may disclose your information as follows: in relevant legal proceedings; to law enforcement when the U.S. Postal Service (USPS) or requesting agency becomes aware of a violation of law; to a congressional office at your request; to entities or individuals under contract with USPS; to entities authorized to perform audits; to labor organizations as required by law; to federal, state, local or foreign government agencies regarding personnel matters; to the Equal Employment Opportunity Commission; and to the Merit Systems Protection Board or Office of Special Counsel. For more information regarding our privacy policies visit www.usps.com/privacypolicy2 - PART 2 - PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

The above provisions are incorporated by reference as if set forth in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. The text of these provisions may be accessed electronically at this address: http://about.usps.com/manuals/spp/spp.pdf or, upon request, will be provided by the contracting officer.

PROVISIONS BY FULL TEXT

PROVISION 1-1 SUPPLIER CLEARANCE REQUIREMENTS (MARCH 2006)

The contract resulting from this solicitation will require the contractor or its employees (including subcontractors and their employees) to have access to occupied postal facilities, and/or to postal information and resources, including postal computer systems. Clearance in accordance with Administrative Support Manual 272.3 will be required before that access will be permitted. It is the contractor's obligation to obtain and supply to the Postal Service the forms and information required by that regulation.

Offerors must familiarize themselves with the requirements of that section, taking into account in their offices the time and paperwork associated with the screening.

PROVISION 1-4 PROHIBITION AGAINST CONTRACTING WITH FORMER POSTAL SERVICE OFFICERS OR PCES EXECUTIVES (MARCH 2006)

The offeror represents that former Postal Service officers or Postal Career Executive Service (PCES) executives will not be employed as key personnel, experts or consultants in the performance of the contract if such individuals, within 1 year of their retirement from the Postal Service, will be performing substantially the same duties as they performed during their career with the Postal Service. In addition, no contract resulting from this solicitation may be awarded to such individuals or entities in which they have a substantial interest, for 1 year after their retirement from the Postal Service, if the work called for in the solicitation requires such individuals to perform substantially the same duties as they performed during their career with the Postal Service.

PROVISION 1-5 PROPOSED USE OF FORMER POSTAL SERVICE EMPLOYEES (MARCH 2006)

In its proposal, the supplier must identify any former Postal Service employee it proposes to engage in the performance, directly or indirectly, in the performance of the contract. The Postal Service reserves the right to require the supplier to replace the proposed individual with an equally qualified individual.

PROVISION 4-1 STANDARD SOLICITATION PROVISIONS (SEPTEMBER 2016)

a. Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified on this solicitation. Offers may be submitted on PS Form 8203, Order/Solicitation/Offer/Award, letterhead stationery, or as otherwise specified in the solicitation. As a minimum offers must show:

1. Solicitation Number;

2. The name, address and telephone number of the offeror;

3. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

4. Terms of any expressed warranty;

5. Price and any discount terms;

6. “Remit to” address, if different than mailing address;

7. A completed copy of the representations and certifications;

8. Acknowledgment of Solicitation Amendments;

9. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items, and other references (including contract numbers, point of contact, with telephone numbers, and other relevant information); and

10. If the offer is not submitted on PS Form 8203, include a statement specifying the extent of agreement with all terms and conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

b. Business Disagreements. Business Disagreements. Business disagreements may be lodged with the Supplier Disagreement Resolution (SDR) Official if the supplier and the contracting officer have failed to resolve the disagreement as described in 39 CFR Section 601). The SDR Official will consider the disagreement only if it is lodged in accordance with the time limits and procedures described in 39 CFR Section 601. The SDR Official’s decisions are available for review at www.usps.com.

c. Product Samples. When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples must be submitted at no expense to the Postal Service and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

d. Multiple Offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

e. Late Offers. Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers will not be considered unless determined to be in the best interests of the Postal Service.

f. Type of Contract. The Postal Service plans to award an Ordering Agreement under this solicitation, and all proposals must be submitted on this basis. Alternate proposals based on other contract types will __ will not X be considered.

g. Contract Award. The Postal Service may evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. Discussions may be conducted if the Postal Service determines they are necessary. The Postal Service may reject any or all offers if such action is in the best interest of the Postal Service; accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

h. Multiple Awards. The Postal Service may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Postal Service reserves the right to make an award on any items for quantity less than the quantities offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

i. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it in the Postal Service Supplying Practices, and its date. The text of incorporated terms may be found at http://about.usps.com/manuals/pm/welcome.htm.

If checked, the following provision is incorporated in this solicitation by reference: (contracting officer will check as appropriate) X Provision 3-1: Notice of Small-, Minority-, and Woman-Owned Business Subcontracting Requirements (February 2018)

PROVISION 4-2 EVALUATION (MARCH 2006)

General. The USPS anticipates awarding ordering agreements to the offerors whose Proposals are most advantageous to the USPS, that is, making award to the offerors whose overall integrated Proposal, including Technical Proposal and Past Performance information is most advantageous to the USPS.

NOTE: THIS SOLICITATION IS FOR INDIVIDUALS ONLY. SUBMISSIONS FROM COMPANIES OR CORPORATIONS WITH EMPLOYEES DESIGNATED TO PERFORM THIS TYPE OF WORK WILL NOT BE CONSIDERED. SELECTED APPLICANTS MUST PERFORM ALL THE WORK ASSOCIATED WITH THE ASSIGNED TASK ORDER.

The following Performance Evaluation Factors will be used in the evaluation of offers:

A. Pass/Fail Qualifications

i. The USPS does not award ordering agreements or contracts to current Federal and USPS employees. Are you a current Federal or USPS employee?

ii. Have you completed a BA degree or higher; or paralegal certificate with experience in EEO law; or two (2) years’ experience in EEO investigations? (add separate page if necessary)

Degree Educational Institution Date Awarded

iii. Required Equipment – Offeror must provide the following upon being offered an Ordering Agreement:

· Own workspace

· Computer with Windows 10 or higher operating system with at least 4 GB of memory

· Microsoft Office 2010 or higher software, Adobe Reader and WinZip software with password protection and encryption

· Fax machine or eFax

· Internet using DSL or broadband service and email account

· Dedicated telephone line

· Document scanner (Adobe PDF software)

· Anti-Virus Protection for computer system

· External CD/DVD ROM Drive

· Adobe Acrobat Professional

iv. Offerors shall provide a minimum of three (3) references of current or past performance within the last three (3) years. These references should demonstrate a history, qualifications, and experience similar in scope and complexity to the requirement being solicited. References should include: the name, email address, and telephone number of the contact familiar with performance and a detailed description of the services provided.

B. Technical Evaluation

An overall Evaluation rating using the adjectival rating criteria is described below. This rating criteria will be used to assess the Technical & Supplier Capability and Past Performance. For the rating criteria, Technical & Supplier Capability is considered to be more important than Past Performance:

Not Demonstrated at Minimal Level – This indicates that the qualifications presented by the offeror do not meet the demands of the service needed

Minimally Acceptable – This indicates that the offeror has adequately met the listed qualifications

Above Average – This indicates that the offeror’s stated qualifications are above average

Superior – This indicates that the offeror’s stated ability to meet the listed qualifications is superior.

A. Technical & Supplier Capability

Supplier capability is evaluated to determine a supplier's ability to perform upon award of a contract. This information will be used to assess the quality, experience and resources of the offeror to perform. The USPS will evaluate the offeror’s demonstrated understanding of the various functional and technical requirements of the statement of work. The USPS will evaluate the degree to which the offeror’s approach will meet the requirements to provide, on an on-going basis, the services as detailed in the USPS statement of work. Offerors should address each of these factors separately and in the order they appear in the solicitation. When documenting their knowledge, skills, and qualifications, offerors should describe in detail their applicable experience and knowledge and include in their responses the successes they have had related to those requirements.

Describe in detail your experience including positions held that demonstrate these abilities and years spent performing these duties as well as your level of success.

i. Offerors must have knowledge of statutes, regulations, current case law and administrative procedures as they relate to federal sector EEO complaints.

ii. Offerors must have excellent organizational, and administrative skills, including proficiency with computer applications including Microsoft Office Suite. Ability to create and edit Adobe PDF documents and proficiency with email. Must be able to meet provided timelines.

iii. Offerors must have the ability to determine who will be interviewed, relevant documents and policies to be reviewed.

iv. Offerors must have the ability to develop affidavit questionnaires to acquire relevant testimony pertinent to the accepted claim. Have the ability to summarize testimony and record evidence from complainants, witnesses and others, regarding relevant allegations.

v. Offerors must have the ability to create an electronic, objective report including comparative analysis, as applicable, ensuring all accepted issues are addressed, scope and depth of investigation are sufficient, and facts are adequately substantiated.

B. Past Performance

The USPS will evaluate the degree to which the past performance of the offeror has successfully delivered the same or similar types of services as required by this statement of work. The USPS will evaluate the offeror’s past performance in providing effective EEO Investigative services. The USPS will evaluate the offeror’s record of conforming to agreement specifications, quality of services, and adherence to contract schedules. The USPS will contact references provided by the offerors and USPS will consider the references’ responses as a part of the past performance evaluation.

i. Describe your experience investigating employment discrimination complaints, to include the type of complaints investigated (e.g. federal, state, local, or corporate; Title VI, Title VII, ADEA, ADA, etc.), the approximate number of investigations completed, the methods used to conduct the investigations, the types of reports prepared and when the investigations were conducted.

Please describe in detail your experience including positions held that demonstrate these abilities and years spent performing these duties as well as your level of success.

ii. Describe your other investigative experience, to include type of investigations, number of investigations completed, the methods used to conduct the investigations, the types of reports prepared and when the investigations were conducted.

Please describe in detail your experience including positions held that demonstrate these abilities and years spent performing these duties as well as your level of success.

C. Questionnaire & Course Pre-work

If supplier is successful in responses to A. Pass/Fail Qualifications and B. Technical Evaluation listed above, a passing score of minimally acceptable must be achieved by completing all requested Course Pre-work, including, but not limited to, answering a to-be-provided questionnaire.

An overall rating using the adjectival rating criteria is described below:

a. Not Demonstrated at Minimal Level – This indicates that the answers presented by the offeror do not meet the minimum level for questions asked

b. Minimally Acceptable – This indicates that the offeror has adequately answered the listed questions

c. Above Average – This indicates that the offeror’s stated answers are above average

d. Superior – This indicates that the offeror’s stated answers are superior

i. Questionnaire - Attachment 3 “Gautier Questionnaire” –Sample provided

ii. The applicants will be given a pre-requisite base file of a sample case and corresponding questionnaire that they must complete and submit by the given due date. The sample base file will consist of all the documents a normal base file would contain including the 2564-A Pre-Complaint, 2570 Counselor’s Report, 2565 Formal Complaint and several supporting documents. The applicant is to review the base file thoroughly, familiarizing themselves with the contents, and then answer the questionnaire based on the sample file. They need to be sure to provide sufficient details in their questionnaire responses. They will be graded on the questionnaire and must earn a Minimally Acceptable or higher in order to continue in the process.

iii. The pre-work will also consist of a required eLearning course that includes the following topics:

a. A brief history of the EEOC

b. Relevant statutes and regulations that govern the EEO process

i. MD 110

ii. 29 C.F.R. Part 1614

iii. Title VII of the Civil Rights Act

iv. Age Discrimination in Employment Act

v. Equal Pay Act

vi. Rehabilitation Act

vii. Genetic Information Nondiscrimination Act

viii. Pregnancy Discrimination Act

c. The EEO Process and Timelines

i. Pre-Complaint Process

ii. Formal Complaint Process

d. Theories of Discrimination and their Prima Facie elements including:

i. Disparate Treatment

ii. Disability and Reasonable Accommodation

iii. Retaliation

iv. Harassment

e. Role of the Investigator

f. 10 question quiz at the end that must be completed

D. Security Clearance

Supplier must be a U.S. citizen or have permanent resident alien status and successfully complete a background check and drug screening and must be able to obtain a sensitive security clearance.

E. EEO Investigator Skills Class

It is customary to award an Ordering Agreement if the applicant successfully passes the EEO Investigator Skills class. Please note, the USPS cannot reimburse selected applicants for any travel expenses associated with attending the EEO Investigator Skills class, even in the event that a selected applicant does not complete the class successfully and thereby becomes ineligible for performing EEO Investigations.

The Supplier will be compensated based upon the stated pricing structure developed by NEEOISO, therefore the Supplier will not be submitting Price Proposals and pricing is not a factor in the Evaluation.

A. Options. The Postal Service will __ will not _X_ evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Postal Service may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options will not obligate the Postal Service to exercise the option(s).

B. Notice of Award. The Postal Service may accept an offer (or part of an offer), whether or not there are discussions after its receipt, before an offer’s specified expiration time, unless a written notice of withdrawal is received before award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding contract without further action by either party.

PROVISION 4-3 REPRESENTATIONS AND CERTIFICATIONS (NOVEMBER 2012)

A. Type of Business Organization. The offeror, by checking the applicable blocks, represents that it:

1. Operates as:

_ a corporation incorporated under the laws of the state of ________; or country of________________ if incorporated in a country other than the United States of America.

_ an individual;

_ a partnership;

_ a joint venture;

_ a limited liability company;

_ a nonprofit organization; or _ an educational institution; and

2. Is (check all that apply) _ a small business concern;

_ a minority business (indicate minority below):

_ Black American _ Hispanic American _ Native American _ Asian American:

_ a woman-owned business; or _ none of the above entities.

a. A small business concern for the purposes of Postal Service purchasing means a business, including an affiliate, that is independently owned and operated, is not dominant in producing or performing the supplies or services being purchased, and has no more than 500 employees, unless a different size standard has been established by the Small Business Administration (see 13 CFR 121, particularly for different size standards for airline, railroad, and construction companies). For subcontracts of $50,000 or less, a subcontractor having no more than 500 employees qualifies as a small business without regard to other factors.

b. Minority Business. A minority business is a concern that is at least 51 percent owned by, and whose management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged minority group, namely U.S. citizens who are Black Americans, Hispanic Americans, Native Americans, or Asian Americans. (Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens whose origins are Japanese, Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian, Kampuchean (Cambodian), Taiwanese, in the U.S. Trust Territories of the Pacific Islands or in the Indian subcontinent.)

c. Woman-owned Business. A woman-owned business is a concern at least 51 percent of which is owned by a woman (or women) who is a U.S. citizen, controls the firm by exercising the power to make policy decisions, and operates the business by being actively involved in day-to-day management.

d. Educational or Other Nonprofit Organization. Any corporation, foundation, trust, or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private shareholder or individual.

3. Is (check all that apply) _ a Postal Service employee or a business organization substantially owned or controlled by such an individual _ a spouse of a Postal Service employee or a business organization substantially owned or controlled by such an individual _ another family member of a Postal Service employee or a business organization substantially owned or controlled by such an individual _ an individual residing in the same household as a Postal Service employee or a business organization substantially owned or controlled by such an individual.

(Note: Offers from any of the sources listed in subparagraph A.3, may not be considered for an award pending review and recommendation by the Postal Service Ethics Office.)

B. Parent Company and Taxpayer Identification Number

1. A parent company is one that owns or controls the basic business polices of an offeror. To own means to own more than 50 percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or otherwise.

2. Enter the offeror's U.S. Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security number or other Employee Identification Number (EIN) used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941, or as required by Internal Revenue Service (IRS) regulations. Offeror's TIN: ________________

3. IRS Form W-9, Request for Taxpayer Identification Number and Certification. You must complete a copy of IRS Form W-9 and attach it to this certification.

4. Check this block if the offeror is owned or controlled by a parent company: ______________

5. If the block above is checked, provide the following information about the parent company:

Parent Company's Name:_______________________________ Parent Company's Main Office:__________________________ Address:_____________________________________________ No. and Street:________________________________________ City:________________ State:______ ZIP Code:_____________ Parent Company's TIN:__________________________________

6. If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group:

Name of Common Parent: ______________________________ Common Parent's TIN: _________________________________

C. Certificate of Independent Price Determination

1. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own organization, that in connection with this solicitation:

a. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;

b. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or indirectly to any other offeror or to any competitor; and

c. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

2. Each person signing this proposal certifies that:

a. He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or

b. He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to paragraph a above.

3. Modification or deletion of any provision in this certificate may result in the disregarding of the proposal as unacceptable. Any modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any disclosure or communication.

D. Certification of Nonsegregated Facilities

1. By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

2. As used in this certification, segregated facilities means any waiting rooms, work areas, rest rooms or wash rooms, restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

3. The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause; that it will retain these certifications in its files; and that it will forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific time periods):

Notice: A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exempt from the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (quarterly, semiannually, or annually).

E. Certification Regarding Debarment, Proposed Debarment, and Other Matters (This certification must be completed with respect to any offer with a value of $100,000 or more.)

1. The offeror certifies, to the best of its knowledge and belief, that it or any of its principals:

a. Are ___ are not ___ presently debarred or proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency;

b. Have ____ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

c. Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (b) above;

d. Have ___ have not ___ within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in conjunction with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and

e. Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (d) above.

2. The offeror has ___ has not ___, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, state, or local agency.

3. "Principals," for the purposes of this certification, means officers, directors, owners, partners, and other persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

4. The offeror must provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. A certification that any of the items in E.1 and E.2 of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered as part of the evaluation of the offeror's capability (see the Conduct Supplier Capability Analysis topic of the Evaluate Proposals task of Process Step 2: Evaluate Sources, in the Postal Service's Supplying Practices). The offeror's failure to furnish a certification or provide additional information requested by the contracting officer will affect the capability evaluation.

6. Nothing contained in the foregoing may be construed to require establishment of a system of records in order to render, in good faith, the certification required by E.1 and E.2 of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

7. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, Title 18, United States Code.

8. The certification in E.1 and E.2 of this provision is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Postal Service, the contracting officer may terminate the contract resulting from this solicitation for default.

F. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, its provision or clause number assigned to it, and its date. The text of incorporated terms may be found at http://about.usps.com/manuals/pm/welcome.htm. If checked, the following provision(s) is incorporated in this solicitation by reference: (contracting officer will check as appropriate)

[ ] 1. Provision 1-2: Domestic Source Certificate - Supplies [ ] 2. Provision 1-3: Domestic Source Certificate - Construction Materials [ ] 3. Provision 9-1: Equal Opportunity Affirmative Action Program [ ] 4. Provision 9-2: Preaward Equal Opportunity Compliance Review [ ] 5. Provision 9-3: Notice of Requirements for Equal Opportunity Affirmative Action

3 - PART 3 - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The above clauses are incorporated by reference as if set forth in full text. The text of these clauses may be accessed electronically at this address: http://about.usps.com/manuals/spp/spp.pdf or, upon request, will be provided by the contracting officer.

CLAUSES BY FULL TEXT

CLAUSE B-3 CONTRACT TYPE (MARCH 2006)

This is a Firm Fixed Price Ordering Agreement.

CLAUSE B-20 INVOICES (MARCH 2006)

a. The supplier’s invoices must be submitted before payment can be made.

b. The supplier agrees that submission of an invoice to the Postal Service for payment is a certification that:

1. Any services being billed for have been performed in accordance with the contract requirements; and

2. Any supplies for which the Postal Service is being billed have been shipped or delivered in accordance with shipping instructions issued by the contracting officer in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated in the contract.

c. To ensure prompt payment, an invoice must be submitted for each destination and each shipment. Each invoice must contain:

1. The supplier’s name and address;

2. The contract number;

3. Any applicable task or delivery order number;

4. A description of the supplies or services and the dates delivered or performed;

5. The point of shipment or delivery;

6. Any applicable unit prices and extensions;

7. Shipping and payment terms; and Any additional information required by the contract.

CLAUSE B-39 INDEMNIFICATION (MARCH 2006)

The supplier must save harmless and indemnify the Postal Service and its officers, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person, persons or property growing out of, occurring, or attributable to any work performed under or related to this contract, resulting in whole or in part from negligent acts or omissions of the supplier, any subcontractor, or any employee, agent, or representative of the supplier or any subcontractor.

CLAUSE 1-1 PRIVACY PROTECTION (OCTOBER 2014)

In addition to other provisions of this contract, the supplier agrees to the following:

a. Privacy Act — If the supplier operates a system of records on behalf of the Postal Service, the Privacy Act (5 U.S.C. 522a), the Postal Service regulations at 39 CFR Parts 266–267, and Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management and Appendix, apply to those records. The supplier is considered to operate a system of records if it maintains records (including collecting, using, revising, deleting, or disseminating records) from which information is retrieved by the name of an individual or by some number, symbol, or other identifier assigned to the individual. The supplier must comply with the Act and the Postal Service regulations and Handbook AS-353 in designing, developing, managing, and operating the system of records, including ensuring that records are current and accurate for their intended use, and incorporating adequate safeguards to prevent misuse or improper disclosure of personal information. Violations of the Act may subject the violator to criminal penalties.

b. Information Pertaining to Individuals (“Personal Information”) — If the supplier has access to Postal Service information pertaining to individuals (e.g. customer or employee information), including address information, whether collected online or offline by the Postal Service or by a supplier acting on its behalf, the supplier must comply with the following:

1. General — With regard to the Postal Service customer information to which it has access pursuant to this contract, the supplier has that access as an agent of the Postal Service and must adhere to its official Privacy Policy at http://usps.com/privacypolicy.

2. Use, Ownership, and Nondisclosure —The supplier may use Postal Service Personal Information solely for the purposes of this contract, and may not collect or use such information for non-Postal Service marketing, promotion, or any other purpose without the prior written approval of the contracting officer. The supplier may not maintain, access, or store (including archival back-ups) any Personal Information data outside the United States. The supplier must restrict access to such information to those employees who need the information to perform work under this contract, and must ensure that each such employee (including subcontractors’ employees) sign a nondisclosure agreement, in a form suitable to the contracting officer, prior to being granted access to the information. The Postal Service retains sole ownership and rights to its Personal Information. Unless the contract states otherwise, upon completion of the contract the supplier must turn over all Postal Service Personal Information and any copies of the information, in any form the Personal Information or copies may exist, in its possession to the Postal Service. In addition, the supplier must certify that no Postal Service Personal Information and, if applicable, copies, have been retained unless otherwise authorized in writing by the contracting officer. If so required elsewhere in this contract, the information or copies must be destroyed by the supplier and the supplier must certify to the contracting officer that such destruction has taken place.

3. Security Plan — When applicable, and unless waived in writing by the contracting officer, the supplier must work with the Postal Service to develop and implement a security plan that addresses the protection of Personal Information. The plan will be incorporated into the contract and followed by the supplier, and must, at a minimum, address notification to the Postal Service of any security breach. If the contract does not include a security plan at the time of contract award, it must be added within 60 days after contract award.

4. Breach Notification — If there is any actual or suspected breach of any nature in the security of Postal Service data, including Personal Information, the supplier must notify the contracting officer and the Postal Service’s Chief Privacy Officer as soon as practicable but no later than 24 hours following the detection of a suspected or confirmed breach. The supplier will be required to follow Postal Service policies regarding breach notification to customers and/or employees.

5. Legal Demands for Information — If a legal demand is made for Postal Service Personal Information (such as by subpoena), the supplier must immediately notify the contracting officer and follow the applicable requirements in 39 CFR, sections 265.11 and 265.12. After notification, the Postal Service will determine whether and to what extent to comply with the legal demand. Should the Postal Service agree to or unsuccessfully resist a legal demand, the supplier may, with the written permission of the contracting officer, release the information specifically demanded.

c. Online Assistance — If the supplier assists in the design, development, or operation of a Postal Service customer Web site, or if it designs or places an ad banner, button, or link on a Postal Service Web site or any Web site on the Postal Service’s behalf, the supplier must comply with the limitations set forth in the Official Postal Service Privacy Policy (see b.1, above). Exceptions to these limitations require the prior written approval of the contracting officer and the Postal Service’s Chief Privacy Officer.

d. Marketing E-Mail — If the supplier assists the Postal Service in conducting a marketing e-mail campaign, the supplier does so as an agent of the Postal Service and must adhere to the Postal Service policies set out in Postal Service Management Instruction AS-350-2004-4, Marketing E-mail. Suppliers wishing to conduct marketing email campaigns to postal employees must first obtain the prior written approval of the contracting officer.

e. Audits — The Postal Service may audit the supplier’s compliance with the requirements of this clause, including through the use of online compliance software.

f. Indemnification —The supplier will indemnify the Postal Service against all liability (including costs and fees) for damages arising out of violations of this clause.

Flow-down —The supplier will flow this clause down to any and all subcontractors

CLAUSE 1-7 ORGANIZATIONAL CONFLICTS OF INTEREST (MARCH 2006)

a. Warranty Against Existing Conflicts of Interest. The supplier warrants and represents that, to the best of its knowledge and belief, it does not presently have organizational conflicts of interest that would diminish its capacity to provide impartial, technically sound, objective research assistance or advice, or would result in a biased work product, or might result in an unfair competitive advantage, except for advantages flowing from the normal benefits of performing this agreement.

b. Restrictions on Contracting. The supplier agrees that during the term of this agreement, any extensions thereto, and for a period of 2 years thereafter, neither the supplier nor its affiliates will perform any of the following:

(1) Compete for any Postal Service contract for production of any product for which the supplier prepared any work statement or specifications or conducted any studies or performed any task under this agreement.

(2) Contract (as the provider of a component or the provider of research or consulting services) with any offeror competing for any Postal Service contract for production of any product for which the supplier prepared any work statements or specifications or conducted any studies or performed any task under this agreement.

(3) Contract (as the provider of a component or the provider of research or consulting services) with the offeror which wins award of a Postal Service contract for production of any product for which the supplier prepared any work statement or specifications or conducted any studies or performed any task under this agreement.

c. Possible Future Conflicts of Interest. The supplier agrees that, if after award of this agreement, it discovers any organizational conflict of interest that would diminish its capacity to provide impartial, technically sound, objective research assistance or advice, or would result in a biased work product, or might result in an unfair competitive advantage, except advantages flowing from the normal benefits of performing this agreement, the supplier will make an immediate and full disclosure in writing to the contracting officer, including a description of the action the supplier has taken or proposes to take to avoid, eliminate, or neutralize this conflict of interest.

d. Nondisclosure of Confidential Material

(1) The supplier recognizes that, in performing this agreement, it may receive confidential information. To the extent that and for as long as the information is confidential, the supplier agrees to take the steps necessary to prevent its disclosure to any third party without the prior written consent of the contracting officer.

(2) The supplier agrees to indoctrinate its personnel who will have access to confidential information as to the confidential nature of the information, and the relationship under which the supplier has possession of this information.

(3) The supplier agrees to limit access to the confidential information obtained, generated, or derived, and to limit participation in the performance of orders under this agreement to those employees whose services are necessary for performing them.

e. Postal Service Remedy. If the supplier breaches or violates any of the warranties, covenants, restrictions, disclosures or nondisclosures set forth under this clause, the Postal Service may terminate this agreement, in addition to any other remedy it may have for damages or injunctive relief.

CLAUSE 1-11 PROHIBITION AGAINST CONTRACTING WITH FORMER OFFICERS OR PCES EXECUTIVES (MARCH 2006)

During the performance of this contract, former Postal officers or Postal Career Executive Service (PCES) executives are prohibited from employment by the contractor as key personnel, experts or consultants, if such individuals, within 1 year after their retirement from the Postal Service, would be performing substantially the same duties as they performed during their career with the Postal Service.

CLAUSE 1-12 USE OF FORMER POSTAL SERVICE EMPLOYEES (MARCH 2006)

During the term of this contract, the supplier must identify any former Postal Service employees it proposes to be engaged, directly or indirectly, in contract performance. Such individuals may not commence performance without the contracting officer's prior approval. If the contracting officer does not provide such approval, the supplier must replace the proposed individual former employee with another individual equally qualified to provide the services called for in the contract.

CLAUSE 2-19 OPTION TO EXTEND (SERVICES CONTRACT) (MARCH 2006)

The Postal Service may require the supplier to continue to perform any or all items of services under this contract within the limits stated in the Schedule. The contracting officer may exercise this option, at any time within the period specified in the Schedule, by giving written notice to the supplier. The rates set forth in the Schedule will apply to any extension made under this option clause.

CLAUSE 2-20 OPTION TO RENEW (WITH PRELIMINARY NOTICE) (MARCH 2006)

This contract is renewable, at the option of the Postal Service, by the contracting officer giving written notice of renewal to the supplier within the period specified in the Schedule; provided that, the contracting officer will have given preliminary notice of the Postal Service's intent to renew at least 60 days before this contract is to expire (such a preliminary notice will not be deemed to commit the Postal Service to renewals). If the Postal Service exercises this option for renewal, the contract as renewed includes this option clause. The duration of this contract, including renewals, may not exceed the time limit set forth in the Schedule.

CLAUSE 2-39 ORDERING (FEBRUARY 2018)

a. Goods or services to be furnished under this contract will be ordered by authorized Postal Service credit card, issuance of delivery or task orders by contracting officers or other designated ordering officials, or alternative methods as described in the contract, during the period and by the activities specified in the schedule.

b. Orders may be issued in writing, by written telecommunication, electronic data interchange (EDI), via catalog, other methods as defined in the contract, or orally. Oral orders, other than authorized Postal Service credit card orders, must be confirmed in writing. Orders sent by mail are considered issued when placed in the mail.

c. The supplier must report to the contracting officer in the format and intervals specified in the schedule all orders charged to an authorized Postal Service credit card.

d. All orders are subject to the terms and conditions of this contract. If there is any conflict between an order and this contract, the contract is controlling.

Where the Postal Service has made more than one award for goods or services, the Postal Service reserves the right to further compete orders for the goods and services required under this contract. The decision to further compete orders and whether orders will be competed among all or a selected group of suppliers holding contracts for the same or similar goods or services is at the Postal Service’s discretion.

CLAUSE 3-1 SMALL, MINORITY, AND WOMAN-OWNED BUSINESS SUBCONTRACTING REQUIREMENTS (FEBRUARY 2018)

a. All suppliers, except small businesses, must have an approved subcontracting plan for contracts estimated or valued…