Office Supplies IFB-final.doc

SOLICITATION/CONTRACT/ORDER AL ITEMS

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

DATE

5/19/09

7. FOR SOLICITATION

UNRESTRICTED OR

FORMCHECKBOX

SET ASIDE: 100 % FOR

Office of Logistics and Acquisition Operations, Branch 3

SMALL BUSINESS

EMERGING SMALL

BUSINESS

6011 Executive Blvd., Rm. 541D

FORMCHECKBOX

HUBZONE SMALL BUSINESS

FORMCHECKBOX

SERVICE-DISABLED VETERAN-

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8(A)

SIZE STANDARD:500 emp. OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE …..

16. ADMINISTERED BY CODE … ..

Same as Block 9

17a. CONTRACTOR/ CODE …..

FACILITY …..

OFFEROR

CODE

18a. PAYMENT WILL BE MADE BY CODE …..

TELEPHONE N0.

e-mail:

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

FORMCHECKBOX

SEE ADDENDUM

Office Supplies

See Attachment

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

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

FORMCHECKBOX

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED .. YOUR OFFER ON SOLICITATION

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

This acquisition is being solicited using reverse auction procedures. Bidders SHALL NOT submit pricing with their response to this solicitation-refer to Article D.2 for required items to be submitted. Only those bidders determined to be responsive to this solicitation will be invited to participate in the online bidding process. AbilityOne products are required for all line items unless the items are not on the Mandatory Products List for AbilityOne.

Pricing Schedule tc “Pricing Schedule “ \l 2 The estimated quantities shown below represent the Government’s best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only.

tc “The estimated quantities shown for each item represents the Government’s best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only (refer to FAR 52.216-21, paragraph 6, Addendum to FAR Clause 52.212-4 - Contract Terms and Conditions - Commercial Items). “ \l 2 Base Contract Year: through_______________

(Specific dates to be completed at time of award)

Estimated Unit

Quantity

Price Amount

1. Weekly Appointment Book

Ea

NSN 7530-01-450-5457

2. Ballpoint Pen/Highlighter

EA

NSN 7520-01-451-0728

3.. Basket, Wastepaper, Med

NSN 7520-01-005-9136

4. Basket, Wastepaper, Small

5. Battery, Size AA

18390 Pkg

NSN 6135-00-985-7845

6. Battery, Size D

NSN 6135-00-835-7210

7. Battery, Size AAA

NSN 6135-00-826-4798

8. Binder, Clip, Large

Dzn

NSN 7510-00-285-5995

9. Binder, Clip, Mini

NSN 7510-00-282-8201

10. Binder, D-Ring, 1”, 11X8-1/2

NSN 7510-01-391-1297

Price

11. Binder, D-Ring, 2”, 11X8-1/2

NSN 7510-01-391-1298

12. Binder, Red Pressbrd, 3” CAP

NSN 7510-00-582-4201

13. Binder,Stiff, Black 1”

NSN 7510-00-281-6180

14. Book, Blank, 8X5-1/4” 192Pg.

NSN 7530-00-222-3521

15. Book, Blank, No index

NSN 7530-00-222-3525

16. Book, Blank, No Index, 288 Pg.

NSN 7530-00-286-8363

17. Book, Blank, W/Index, 152 Pg.

NSN 7530-01-092-3565

18. Book, Blank, Wire Bound

NSN 7530-00-286-6952

19. Book, Blank Journal Rule 8X5-1/2”

NSN 7530-00-286-6207

20. Book, Memorandum, 6X3-1/2”

NSN 7530-00-222-0078

21 Box, Filing Gray

NSN 7520-01-051-4417

22. Calendar, Wall Engagmt

15216

NSN 7510-00-687-8184

23. Cards, 3X5 Ruled, White

HND

NSN 7530-00-247-0318

24. Cart, Luggage Compact

NSN 8460-01-490-7344

25. Cartridge

NSN 7510-01-439-0503

26. Cartridge

NSN 7510-01-439-0505

27. Cartridge, FAX

BX

NSN 3610-01-289-7468

28. Cartridge, Toner

NSN 7510-01-439-0501

Price

29. Cartridge, Toner

NSN 7510-01-455-6062

30. Cartridge, Toner

NSN 7510-01-455-6063

31. Cartridge, Toner

NSN 7510-01-455-6072

32. CD Rewritable, 700 MB

NSN 7045-01-482-7542

33. Cleaner, CRT

NSN 7930-01-454-1138

34. Cleaner, Hand, Towelette

NSN 8520-00-782-3554

35. Clip, Binder, Medium

DZN

NSN 7510-00-223-6807

36. Clip, Binder, Small

NSN-7510-00-282-8201

37. Clip, Clam, Dispenser

NSN 7510-01-392-6965

38. Clip, Paper, Butterfly #1

NSN 7510-00-161-4290

39. Clip, Paper, Large, NSN 7510-00-161-4292

40. Clip, Paper, Small

NSN 7510-00-318-2443

41. Clip, Paper, Small

NSN 7510-00-161-4291

42. Clipboard, 9X12-1/2”

NSN 7520-00-281-5918

43. Clips, Paper, Jumbo

NSN 7510-01-383-7990

44. Clocks, 6” Taupe or Black

NSN 6645-01-421-6900

45. Compact Disc, Recordable

11186

NSN 7045-01-482-7540

46. Compact Flash Drive

NSN 7045-01-628-9126

Price

47. Compact Flash Drive

NSN 7045-01-628-9128

48. Compact Flash Drive

NSN 7045-01-628-9127

49. Copy Safe Sheet Protector

NSN 7510-01-236-0059

50. Correction Pen, NSN 7510-01-386-1609

51. Correction, White Out

NSN 7510-01-104-1158

52. DeskTray, Rub

NSN 7520-01-094-4310

53. Dictionary, English Abrid

NSN 7610-00-142-9051

54. Dictionary, Oxford

NSN 7610-00-262-4021

55. Dictionary, Stedman’s Medi

NSN 7610-01-065-0221

56. Dispenser, Paper Clip

NSN 7520-01-283-5555

57. Dispenser, Tape 1” Core

NSN 7520-00-579-9053

58. Dispenser, Pop-Up, Emerald

NSN 7520-01-490-7272

59. Eraser, Art Gumm

NSN 7510-00-223-7044

60. Eraser, Ink & Pencil

NSN 7510-01-118-8987

61. Erasers, Pencil End

PKG

NSN 7510-00-634-5352

62. Folder, File Manila 1/3 Ct

NSN 7530-00-282-2507

63. Folder, Hang, Orange

NSN 7530-01-275-6416

64. Folder, Hang, Red

NSN 7530-01-219-1730

Price

65. Folder, Hang, Violet

NSN 7530-01-274-9924

66. Folder, Hang, Yellow

NSN 7530-01-364-9501

67. Folder, Pocket Type, Legal

NSN 7530-00-285-2916

68. Folder, Pocket Type, Letter

NSN 7530-00-285-2917

69. Folder, Set file 1/5 Cut

NSN 7530-00-281-5941

70. Form, Message, Telephone

NSN 7510-01-357-6830

71. Frame, Certificate, Black

NSN 7105-01-424-6477

72. Frame, Certificate, Walnut

NSN 7105-01-419-5322

73. Frame, Hanging Files

NSN 7520-00-246-2664

74. Glue Stick, Clear

NSN 8040-01-360-8079

75. Glue Stick, Purple

NSN 8040-01-361-3097

76. Highlighter, 6 Color Set

NSN 7520-01-420-7526

77. Index Set, Blank, 3 Ring

SET

NSN 7530-00-959-4441

78. Index Sheets, Alph.

NSN 7530-01-368-3492

79. Index Sheets, NSN 7530-01-364-9489

80. Index, Tab

NSN 7510-01-095-1839

81. Ink Stamp, Black

BTL

NSN 7510-00-161-4237

82. Inserts, Blank

NSN 7510-00-903-6967

Price

83. Knife, Stencil Cutting

NSN 5110-00-595-8400

84. Label, Time Tape ¾”

Roll

NSN 7530-00-827-4381

85. Label, 1/2X1-3/4”

NSN 7530-01-349-4462

86. Label, 1X2-5/8”

NSN 7530-01-289-1248

87. Label, 1X4”

NSN 7530-01-289-1249

88. Lead, 0.5mm, Mech. Pencil

Tube

NSN 7510-01-317-6421

89. Lead, 0.7mm, Mech. Pencil

NSN 750-01-317-6422

90. Marker, Blue

NSN 7520-01-159-1585

91. Marker, Orange

NSN 7520-01-383-7924

92. Marker, Yellow

NSN 7520-01-238-1918

93. Markers, 4 Color Set

NSN 7520-01-238-1728

94. Markers, Dry Erase, 6 color

NSN 7520-01-352-7321

95. Markers, Overhead Project

NSN 7520-01-005-8881

96. Mouse Wrist Pad (Black)

NSN 7045-01-441-9577

97. Notebooks 6X 9

NSN 7530-00-223-2939

98. Opener, Envelope

NSN 7520-00-240-4841

99. Organizer, Black

NSN 7520-01-166-0878

100. Pad, Ink, Latex

NSN 7510-00-526-1741

Price

101. Pad, 1-1/2X2”, Yellow

NSN 7530-01-116-7866

102. Pad, 3X3”, Fan-Folder, Yell

NSN 7530-01-352-6616

103. Pad, 3X3” Colored

NSN 7530-01-385-7336

104. Pad, 3X5” Colored

NSN 7530-01-372-3111

105. Pad, Gray, Ruled, 5/8”

NSN 7530-01-391-5704

106. Paper, Columnar 8X11”

NSN 7530-00-979-4225

107. Paper, Copier, Yellow

Ream

NSN 7530-01-147-6811

108. Paper, Filler, White 4X6”

NSN 7530-00-809-8253

109. Paper, Graph, Lined

PAD

NSN 7530-00-815-5227

110. Paper, Graph, 8-1/2X11, Blu

NSN 7530-00-797-4694

111. Paper, Pad, Memo, White

NSN 7530-01-124-5660

112. Paper, Pad, Memo, Yellow

113. Paper, Bond, For Manuscript

NSN 7530-00-616-7284

114. Paper, Pad Gray, Ruled B/S

NSN 7530-01-390-5753

115. Paper, Ruled, 11X8-1/2”

NSN 7530-00-286-4339

116. Paper, Tab, Perf.

Case

NSN 7530-01-030-7277

117. Paper, Graph, Quadrille Rule

Pad

NSN 7530-00-286-4340

118. Pen, Ballpoint

NSN 7520-00-935-7136

Price

119. Pen, Ballpoint, Black

NSN 7520-01-484-5250

120. Pen, Ballpoint, Blue

NSN 7520-01-484-5252

121. Pen, Ballpoint, Dr. Grip

NSN 7520-01-420-7523

122. Pen, Ballpoint, NSN 7520-01-420-7520

123. Pen, Ballpoint, NSN 7520-01-357-6843

124. Pen

NSN 7520-01-442-1469

125. Pen

NSN 7520-01-424-4861

126. Pen

NSN 7510-01-490-7270

127. Pen, Bla.

NSN 7520-01-396-9083

128. Pen, Red.

NSN 7520-01-386-1835

129. Pencil, #2-1/2

NSN 7510-00-286-5750

130. Pencil, Mechanical

NSN 7520-01-436-7058

131. Pencil, Mechanical 0.5

NSN 7520-00-590-1878

132. Pencil, Mechanical 0.7

NSN 7520-01-132-4996

133. Pencil, Recycled

NSN 7510-01-357-8952

134. Pencil, Writing #2 Med.

NSN 7510-00-281-5234

135. Perforator, 2 Hole ¼”

NSN 7520-00-224-7589

136. Perforator, 3 Hole Punch

NSN 7520-00-163-2563

Price

137. Plaque, Black

NSN 9905-01-408-6051

138. Flag, Disp Ultra

NSN 7520-01-392-5299

139. Protector Sheet Clear

NSN 7510-00-286-1407

140. Protector, Sheet

141. Protector, Surge

NSN 6150-01-450-4397

142. Push Pins, Plastic ½”

NSN 7510-01-317-2459

143. Refill, Clam Clip, Small

NSN 7510-01-392-6512

144. Refill, Clam Clip, Med.

NSN 7510-01-317-4228

145. Refill, Pen

NSN 7510-01-451-0738

146. Refills, Dispenser, Pop-Up

NSN 751001-490-7267

147. Reinforcements, ¼ “

NSN 7510-01-408-1926

148. Rogets Thesaurus

NSN 7610-00-514-2927

149. Rolodex

NSN 7460-01-188-7105

150. Rubber Band #84

NSN 7510-00-205-0371

151. Rubber Bands #33

BAG

NSN 7510-00-205-0842

152. Rubber Bands #32

NSN 7510-00-243-3434

153. Rubber Bands #64

NSN 7510-00-243-3435

154. Rubber Cement, 4 Oz Jar

JAR

NSN 8040-00-291-8625

Price

155. Ruler, Plastic Transparent

NSN 7510-01-108-7797

156. Sack, Jiffy, 9-1/2X14-1/2”

NSN 8105-00-281-1168

157. Scissors/ Shears 7”

NSN 5110-00-293-9199

158. Sharpener, Pencil, Electric

NSN 7520-01-202-2927

159. Shears, Straight 9 “

NSN 5110-00-161-6909

160. Stapler Remover

NSN 7520-00-162-6177

161. Stapler, Desktop (2-60PG)

NSN 7510-00-272-9409

162. Stapler, Standard

NSN 7520-00-281-5895

163. Staples, Wire 1+4X1+2

NSN 7510-00-272-9662

164. Tape, Masking 2”

ROLL

NSN 7510-00-266-6710

165. Tape, Packing 3” Wide

NSN 7510-00-079-7905

166. Tape, Transparent, ½” Wide

NSN 7510-00-082-2521

167. Transparency Film

BOX

NSN 7530-01-386-2356

168. Transparency, 8-1/2X11”

NSN 7530-01-165-5375

169. Transparency, Laser Print

NSN 7530-01-386-2184

170. Tray, File, Wood

NSN 7520-00-232-6828

171. Wall Pocket Mod 501

NSN 7520-01-062-8211

Price

172. Wite-Out Pen

NSN 7510-01-386-1609

Total Base Year

Option Year One: through_______________

3. Basket, Wastepaper, Med

9. Binder, Clip, Mini

10;. Binder, D-Ring, 1”, 11X8-1/2

NSN 7530-00-286-6952

19. Book, Blank Journal Rule 8X5-1/2”

EA

24 . Cart, Luggage Compact

25 Cartridge

Price

35 Clip, Binder, Medium

Price

Price

Price

Price

Price

Price

NSN 7460-01-188-7105

Price

Price

NSN 7510-01-386-1609

Total Option Year One

Option Year Two: through_______________

3. Basket, Wastepaper, Med

9.. Binder, Clip, Mini

10;. Binder, D-Ring, 1”, 11X8-1/2

NSN 7530-00-286-6952

19. Book, Blank Journal Rule 8X5-1/2”

EA

24 . Cart, Luggage Compact

25 Cartridge

Price

35 Clip, Binder, Medium

Price

Price

Price

Price

Price

Price

NSN 7460-01-188-7105

Price

Price

NSN 7510-01-386-1609

Total Option Year Two

Total Base + Two Option Years Article C.1 – Salient Characteristics for Item Numbers 1 through 172

1. ABILITYONE PRODUCTS ARE REQUIRED FOR ALL ITEMS UNLESS THE ITEMS ARE NOT ON THE MANDATORY PRODUCTS LIST FOR ABILITYONE.

2. Required supplies are identified by National Stock Numbers (NSN’s). The item descriptions for the NSN’s can be located in the Federal Supply Catalog, GSA Global Supply or the GSA Advantage catalog pricing.

3. All items shall perform the functions for which they were designed, and shall meet all the performance characteristics and specifications as stated in the manufacturer’s product description/literature. NO CATALOGS WILL BE ACCEPTED AS PART OF THE BID.

4. Items failing to fully perform according to the descriptive literature shall be replaced at no further cost to the Government.

Article C.2 – Additional Salient Characteristics for Item Numbers 1 through 172

ITEMS THAT ARE NOT LABELED WITH A UPC SHALL BE LABELED IN ACCORDANCE WITH NIH STANDARD NUMBER 6 (LATEST IN EFFECT), AS STATED BELOW:

Note: Numbers 1, 2, and 3 (iii) below apply only if the product offered does not have a UPC Code. Numbers 3 (i) and (ii) apply to all products being offered.

1.

Shall be marked in accordance with the attached NIH Standard Number 6, latest in effect, Symbology for Marking Unit Packs, Outer Container, and Selected Documents or latest NIH Standard in effect.

2.

All individual cases must be bar coded with a National Stock Number (NSN). This number identifies the commodity being procured for the NIH, Central Stockroom. The bar code shall be 3 of 9 code as per the current Fed. Std. No 123, latest in effect. The 13-digit NSN for the specific item shall be marked below the barcode symbol.

3. Packaging, Palletization and Marking Instructions:

(i) Packaging - Boxes shall be suitably glued and sealed to prevent tearing and opening during normal handling. All boxes shall be free of bulges and distortions and show no evidence of damage.

(ii) Palletization – All deliveries shall be palletized on clean, new, 42” wide x 48” long (106.68cm x 121.92cm), four way wood pallets. The total height of the pallet and supplies shall not exceed 55 inches (139.7cm). In addition, each pallet shall be stretch wrapped to assure safe and proper handling. There will be no exchange of pallets.

(iii) Marking – In addition to meeting the requirements set forth in NIH Standard No. 6, latest in effect, standard commercial marking shall be used. Exterior shipping containers and material not shipped in containers shall be marked, labeled, or tagged as applicable, and shall include

(a) contractor’s name and address; (b) contract and/or delivery order number, and

(c) total number of cartons in shipment (i.e., 1 of 5, 4 of 5, etc.).

ARTICLE D.1 DELIVERY

Every delivery must be coordinated in advance, at least one business day prior to shipping, with the NIH, GDC, and Customer Service Department at (301) 496-9156. Unless otherwise specified, deliveries shall be made to the delivery point specified below Monday through Friday, excluding Federal Holidays, between 8:30 a.m. and 3:30 p.m. only. If there is heavy snow the day of the scheduled delivery, please contact the NIH, GDC, and Customer Service Department at (301) 496-9156 to ensure that the NIH is open, if closed, delivery will be made on the following workday. The day for delivery will be in accordance with the delivery schedule faxed with each order. Trucks arriving after the specified time will not be allowed to remain overnight at the delivery point and must return the following day for unloading. Supplies scheduled for delivery on a Federal Holiday should be made the following workday.

Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer or the duly authorized representative of the item(s) described herein. Deliveries shall be made f.o.b. destination, within consignee’s premises to the following locations:

Deliver to

Item# 1 - 172

National Institutes of Health

Gaithersburg Distribution Center

16050 Industrial Drive, Main Warehouse

Gaithersburg, MD 20877

(301) 496-9156

The Government requires delivery to be made within 7 calendar days from the date the contractor receives an order.

ARTICLE D.2 Reverse Auction Procedures Bidders shall submit the following information as part of their bid:

· Certification as an authorized GSA 7511A Schedule holder for office supplies shall be submitted

· Certification as an authorized AbilityOne distributor shall be submitted

· Certification that bidder can bid and provide the entire estimated aggregate quantity of items for the base year and two (2) option years

· Past Performance-Bidders shall have experience in providing office products for at least one (1) year in quantities comparable to this requirement as evidenced by submission of three (3) past performance survey questionnaires

· Submission of executed copy of FAR 52-212-3-Offeror Representations and Certifications-Commercial Items

Only those vendors found to be authorized AbilityOne distributors that will supply AbilityOne products will proceed to Phase II of the selection process for participation in the Reverse Auction. Vendors who have passed this review will then have their past performance references reviewed by the Government .

To be invited to the reverse auction, a bidder shall have verifiable experience. Bidders shall have experience in providing office products for at least one (1) year in quantities comparable to this requirement. Evaluation of past performance will be based on consideration of all relevant facts and circumstances. The Government will focus on information provided by the references in the past performance surveys that demonstrates quality of vendor performance relative to quality of products provided, vendor’s commitment to customer satisfaction, and meeting required delivery dates. Only those vendors whose submissions pass both the Phase I &II reviews will be invited to participate in the Reverse Auction.

a.

General. A reverse auction is one in which suppliers submit their bids online via a service provider and continue to lower their prices until the auction closes. All qualified bidders will be required to submit pricing via the online bidding mechanism.

b.

Service Provider. Auction Enabler is the online auction service that will conduct the process through a secure web site. An enabler will safeguard proprietary data submitted by participants during the course of conducting or hosting the auction. The online auction enabler will contact all qualified bidders and provide training in how to participate. All bidders must agree to abide by the terms of the auction service.

c.

Process. An online auction enabler service conducts the process through a secure web site. The enabler ensures routing of documents using a very high level of security for authentication, authorization and privacy by providing: Authentication and encryption information using 128-bit Secured Sockets layer (SSL); Mandated user authentication prior to access inside a participant’s firewall; and, Server-to-server digital certificates for additional security. Qualified bidders will submit their prices via the online auction process. An industry standard browser and connection to the Internet is all that is required. There is no communication or negotiation with bidders by the Government. Bidders will be able to follow the process to see the status of their bid by viewing bids as they appear on the web site in real time. Bidders will not be able to identify other bidders participating in the process, only the bid prices.

d.

Bid Opening. Qualified bidders will be notified when the bidding period is open as well as the amount of time available for the process. The bid opening time period for the online reverse auction shall be set by NIH and the Auction Enabler. Bidding continues until a pre-established bidding period ends. The bid opening time period shall be extended for additional two-minute periods if a lower bid is submitted within the last one minute of the bidding period.

e.

Rules Applicable Specifically to NIH.

NIH will establish the list of qualified bidders to participate in the online reverse auction based on evaluation of the information provided in the initial submission. All qualified bidders will be contacted by the auction enabler, to schedule a training session on how to participate in the online auction. Training may include a “mock” auction.

Following the necessary training of all qualified bidders, the specific date and time of the bidding period will be announced.

NIH will not engage in additional price negotiations outside the online bidding mechanism.

NIH may suspend or cancel online competitive bidding at any time and without prior notification.

f.

Rules Applicable Specifically to Qualified Bidders

Bids, which qualified bidders submit through the online bidding system, are legally binding bids without qualification subject to the provisions of FAR Clause 52.212-1.

Bids are accepted only for the entire anticipated period of performance (e.g., base contract period and two option periods).

Qualified bidders agree to submit bids only through the online bidding mechanism supplied by the auction enabler and not to submit bids via any other mechanism including but not limited to courier, facsimile, e-mail, or orally, unless specifically requested by the Government or online provider.

Any qualified bidder experiencing difficulties during the auction period must notify the online provider and the Contracting Officer at the telephone number provided in the auction information immediately.

“Difficulties” include any event or problem, which interferes with the qualified bidder’s ability to participate in the reverse auction, and may include, but is not limited to, data entry errors, software problems, or hardware problems.

Qualified bidders shall not disclose their prices to others for the purpose of collusive bidding or any other anti-competitive purpose.

g.

Surrogate Support. In the event that a contractor does not have Internet connectivity or loses Internet connectivity, the auction enabler will provide surrogate support to take the contractor’s bid through a verification process.

Prior to an auction the event dispatcher notifies/verifies all bidder participation and determines connectivity. During the bidding process, the session is monitored by the auction enabler. All sessions are documented and a report is generated for a successful “Session” report. Each report identifies the session details, date, commodity manager, problem, and participants.

The auction enabler follows procedures and processes to ensure that bidders receive a unique Logon ID. All information is validated to ensure that the person who is on the telephone has the authority to bid.

The auction enabler:

a.

Contacts all bidders b.

Confirms that all bidders are notified of an event c.

Verifies Internet connectivity capability d.

Confirms bidder training e.

Assigns Session/Event Date/Time and Logon

In the event that all parties lose connectivity, such as a computer server failure, the auction enabler will provide Surrogate support to complete an auction that has begun. The Surrogate support may take the form of a back-up computer server or other electronic means such as telephone or fax.

E.1 CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

The following clauses are hereby incorporated and made a part of this contract. All clauses incorporated by reference have 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:

http://www.acquisition.gov/comp/far/index.html Sealed Bid Supply Contract

ARTICLE E.2 FAR 52.219-6 -- Notice of Total Small Business Set-Aside Alternate I

(Oct 1995)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

ARTICLE E.3 FAR 52.214-3 -- Amendments to Invitations for Bids (Dec 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid,

(3) by letter or telegram, or

(4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

ARTICLE E.4 FAR 52.214.4 – False Statements in Bids (Apr 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

ARTICLE E.5 FAR 52.214-5 -- Submission of Bids (Mar 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) --

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

ARTICLE E.6 FAR 52.214-6 -- Explanation to Prospective Bidders (Apr 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

ARTICLE E.7 FAR 52.214-7 -- Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and—

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later tan 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii ) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

ARTICLE E.8 FAR 52.214-14 -- Place of Performance -- Sealed Bidding (Apr 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, * intends, * does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks “intends” in paragraph (a) above, it shall insert in the spaces provided below the required information:

ARTICLE E.9 FAR 52.214-15 -- Period for Acceptance of Bids (Apr 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within _______ calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

ARTICLE E.10 INVOICE SUBMISSION

a.

Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment and shall invoice on a monthly basis.

(1) Payment requests shall be submitted as follows:

(a) One original to the following designated billing office:

Office of Financial Management

Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

(b) One copy to the following approving official and project officer:

Contract Specialist

Office of the Director

Office of Acquisitions (OLAO) Branch 3

6011 Executive Boulevard, MSC 7663

Bethesda, MD 20892-7663

E-mail: lesliee2@mail.nih.gov

Project Officer

TBD at time of contract award

The Contractor shall submit an electronic copy of the payment request to the approving official/project officer in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF)]. (Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice.”)]

(2) In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

(a) Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OLAO Branch 3.

(b) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is oaolaob3@mail.nih.gov.

(c) Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form 26. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

(d) DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated on the face page of the contract.

(e) Identification of whether payment is to be made using a two-way or three-way match. This contract requires a three-way match.

(f) Inquires regarding payment shall be directed to the designated billing office, (301) 496-6088.

ARTICLE E.11 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

ARTICLE E.12 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 2008)

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

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

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

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

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

_X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

___ (4) 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).

___ (5) [Reserved]

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

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

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

___ (7) (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.

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

___ (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(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_(10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (12) (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.

___ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

___ (16) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)).

_X_(17) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X_(18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_(20) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X_ (21) 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_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

X_(23) 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 (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_(25) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

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

___ (26) (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)).

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (28) (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.

___ (29) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (30) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

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

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

___ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (32) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (35) 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)).

___ (36) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_(37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (38) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (39) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

_X(40) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (41) (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.]

___ (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) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

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

___ (5) 52.222-51, 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.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

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

(iv) 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).

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

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

(vii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

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

(ix) 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.)

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 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)

ARTICLE E.13 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 from Date of award through __________________.

(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.

(a) 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.

ARTICLE E.14 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 $50.00 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—

Any order for a single item in excess of the estimated total stated in the pricing Schedule;

(2) Any order for a combination of items in excess of the estimated total…