SF1447-clauses-provisions-12-R-0001.rtf

SECTION A - Solicitation/Contract Form

The Contract Form is a Standard Form (SF) 1447. These clauses are a continuation of that Standard Form.

This Contract Type is a Firm-Fixed Price (based on level of effort). See Attachment 2 for Contractor’s firm-fixed, fully loaded prices. The amount obligated for each period of performance (POP) will be the estimated level-of-effort for that period based on the firm-fixed prices and estimated numbers for each CLIN type for the POP.

The only Other Direct Cost (ODC) CLIN is for increased postage rates for option years only.

SECTION B - Supplies or Services/Prices

See Attachment 2 for Contractor’s fully loaded, firm-fixed prices for a base year and four option years.

SECTION C - Description/Specifications

See Attachment 1 for the Performance-Based Statement of Work (SOW), titled “PERFORMANCED-BASED STATEMENT OF WORK FOR PRINTING AND MAIL SERVICES FOR THE SMALL BUSINESS ADMINISTRATION, DENVER FINANCE CENTER,” and consisting of 12 pages.

The Period of Performance for this Contract is a base year with four option years. The exact dates are stated on the awarded SF 1447, as the exact dates will be adjusted depending on the award date.

SECTION D - Packaging and Marking

See Attachment 1, SOW.

SECTION E - Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F - Deliveries or Performance

See Attachment 1, SOW.

SECTION G - Contract Administration Data

The Contracting Officer (CO) and Contracting Officer’s Representative (COR) will administer this contract. The names and contact information for the CO and COR will be provided to the Contractor at the time of award.

SECTION H - Special Contract Requirements

Invoicing

Invoicing follows contractor performance, and may occur no more often than monthly. Invoices shall refer to the contract number and to the requisition number stated on the Standard Forms. Invoices shall be submitted by email only to jaamscp@sba.gov .

Security Requirements – Local Clause

Pursuant to Federal Acquisition Regulation (FAR) clause 52.204-9, incorporated into this solicitation and the resulting contract, each contractor and subcontractor must comply with Agency Personal Identity Verification (PIV) procedures when the contractor and subcontractor will have unescorted physical access to a federally-controlled facility and/or access to a federally-controlled information system (including, but not limited to, computer systems, networks, or information technology infrastructure).

In addition, data contained within all SBA computer systems are governed by Agency record disclosure and privacy regulations (13 C.F.R. part 102), IT Security regulations as well as other regulations, and statutes and guidance, including the Privacy Act of 1974, as amended (5 U.S.C. § 552a). The contractor and its subcontractors will be held accountable for adherence to these statutes, regulations and guidance, as well as following SBA requirements described in this clause. Thus, anytime the term contractor is used, it shall be meant to include the contractor and all of its subcontractors working on this contract that have access to a federally-controlled facility and/or routine access to a federally-controlled information system (including, but not limited to, computer systems, networks, or IT infrastructure).

In addition, various Federal requirements obligate SBA to establish controls to limit access to PII and sensitive information, as defined below, to authorized personnel. These include OMB Circular A-130, Appendix III, and OMB Memoranda M-10-15, M-09-29, M-08-21, M-07-19, M-07-16, M-06-16, and M-06-15.

a. General. The contractor, within 30 days of contract award, must develop a final Systems Security Plan (SSP), which shall be updated at least annually. The SSP will be reviewed by the COTR or designated technical point of contact. The SSP must establish administrative, technical, and physical security measures at the contractor’s computer facility to protect sensitive and personally identifiable information (PII) from unauthorized disclosure, alteration, or misuse; prevent unauthorized access to the contractor’s computer system; and protect the availability of data and services to SBA. Sensitive information includes: Sensitive but Unclassified (SBU) information; procurement sensitive information; For Official Use Only (FOUO) information; information generated by or in the possession of SBA that is commercially valuable, trade secret, market sensitive, proprietary, related to an SBA enforcement or examination matter, subject to privilege, protected by the Privacy Act (5 U.S.C. § 552a), or otherwise deemed sensitive, confidential or non-public by an SBA office head, and is not otherwise available to the public. This definition applies to sensitive information in any form, including documents, electronic mail, computer files, conversations, and audio or video recordings. Examples of sensitive information include corporate financial data provided to SBA that has not been made public; SBA planned or contemplated courses of action regarding SBA examinations, investigations, and enforcement actions; and SBA personnel information covered by the Privacy Act, 5 U.S.C. § 552a.

b. Protection of Sensitive and PII Data. Physical access to the contractor’s office areas that contain sensitive and PII SBA data, including SBA loan and any other data subsequently identified by SBA as sensitive or PII, must be controlled to prevent unauthorized personnel from acquiring access to this data. Log-on passwords, identifiers, and access procedures must be safeguarded from unauthorized use and disclosure. Contractor personnel must comply as follows:

(1) The 1228 “Computer Access/Clearance Form” (available from the YES page) must be read and signed.

(2) Passwords must be changed every 90 days.

(3) The contractor shall notify the COTR as soon as it is known that a contractor will no longer be working on the contract. The contractor’s project manager must ensure that all personnel leaving this contract return all issued identification and any government property no later than the last day of their employment on the contract. Such identification and property must then be provided to the COTR within 24 hours.

(4) The contractor must not release SBA data outside of its facility, either orally or in written form, without the express written consent of the SBA COTR. The contractor must refer all requests for SBA data to the assigned SBA COTR for action.

(5) SBA reserves the right to inspect the contractor’s security measures, data handling procedures and other security safeguards to determine the security posture of the contractor facility. The contractor shall provide SBA access to the contractor’s and subcontractor’s facilities, installations, operations, documentation, databases, and personnel used in performance of this contract, with no additional cost to SBA. Authorized SBA personnel include the Chief Information Security Officer (CISO), the Contracting Officer (CO), the COTR, the Office of Inspector General (OIG) and other personnel designated by the Chief Information Officer (CIO).

(6) Weaknesses in physical, personnel, or computer security noted by SBA during the accreditation process must be corrected as specified by the CISO. Quarterly updates of the status of the corrective actions must be in writing and forwarded through the COTR to the information system owner.

(7) Contingency plans must be implemented and tested annually, at a minimum, to avoid loss of SBA data and to minimize, within the provisions of the contract, the impact of contingencies (environmental failures, fire, severe weather, natural disasters, etc.) on services provided to SBA. Contractors must develop and provide plans for responding to security incidents, as that term is used in OMB Circular A-130, Appendix III, involving sensitive data and PII, and procedures for making any changes to the data processing environment. Documentation must be provided to the COTR within 30 days from the date of contract award. (See NIST 800 53, as revised.)

c. Information Handling and Disposition.

(1) Sensitive data and PII when distributed electronically must be protected against unauthorized disclosure and modification. At a minimum, draft and final documents must be encrypted.

(2) The CO’s approval is required prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of sensitive information received under, generated under, or relating to this contract. The contractor support team will be required to abide by government and Agency guidance for protecting sensitive data and PII. Any such information made available in any format will be used only for the purpose of carrying out the provisions of this agreement. Such information will not be divulged or made known in any manner to anyone outside the Agency or removed from approved work sites without approval from the COTR or other authorized SBA personnel. The contractor support team will immediately notify the COTR upon discovery of any inadvertent disclosures of information. The contractor will not disclose sensitive or proprietary information of, or in the possession of, SBA or any of its operating units, contractors, or business partners to unauthorized persons. The contractor will be subjected to any and all penalties imposed by law for unlawful disclosure of SBA information which may include termination of the contract.

(3) Sensitive data and PII, and/or equipment will only be disclosed to authorized personnel with “a need-to-know” as described in the contract or order. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established prior to storing SBA data to ensure the security and confidentiality of this information. Data containing PII information is prohibited from being used as test data or stored in a non production-processing environment for development/testing.

(4) All contracts supporting SBA’s Information Systems shall require Internet Protocol Version 6 (IPv6) compliant products to be included in all new IT acquisitions using Internet protocol.

d. Contractor Background Investigations. The following guidelines apply to contractor background investigations:

(1) Office of Management and Budget (OMB) Circular A-130 requires that as a condition for access to Government Automated Information System (AIS) (including data), SBA must screen contractor personnel commensurate with the level of risk presented by their access to sensitive SBA systems. Not all SBA automated information systems (AIS) and data are considered sensitive. SBA policy is to perform background investigations on personnel accessing sensitive data and PII to perform their primary job functions. (See SOP 90 47 2a.)

(2) SBA designates all contractor positions requiring access to AIS and physical access to a federally-controlled facility as Moderate Risk and requires a minimum background investigation (MBI) or higher level, if required by SBA, for all such contractor employees. An adjudicated background investigation is required for all contractor personnel who cannot show positive results of a recent MBI (one that was successfully adjudicated within the last five years or the contractor has not had a break as a contractor from the Federal Government exceeding two years) or higher level investigation, such as a Limited Background Investigation or other background investigation. The COTR or designated staff may assign each contract labor category a higher security sensitivity rating, which will determine the type of background investigation to be performed for that labor position.

(3) The Office of Security Operations (OSO) in the Office of Inspector General, Office of Investigations, will coordinate with the Office of Personnel Management (OPM) which will perform all required investigations. Any background investigation received by a contractor prior to employment on an SBA contract must have been conducted by OPM (or contracting firm approved by Defense Security Service (DSS) and/or OPM.) In order to be accepted by SBA, a contractor’s background investigation must be reviewed and approved by OSO to determine if it meets OPM’s standards.

The background investigation must also meet the requirements applicable to all other SBA contractor personnel. DEVIATION: SBA will pay OPM directly the total cost for each investigation (cost is subject to an increase by OPM each fiscal year). The FY 2010 cost is $591.00. Background investigations are not required if the contractor is not working in an SBA facility, not accessing an SBA information system, and working with non-sensitive, non-personally identifiable data.

(4) Investigation results will be reviewed by OSO for adjudication. The COTR will be informed of any issues requiring additional action by the contractor.

(5) The COTR will request the contractor to complete the 1228 “Computer Access/Clearance Form” and provide additional information (e.g., social security number, date and place of birth, position description). This information will be submitted to OSO to initiate the clearance process.

e. Designation of a System Security Officer (SSO). The contractor shall designate a management official responsible for fulfilling the responsibilities of an SSO who is knowledgeable in Automated Data Processing technology and computer security methodology. The SSO shall:

(1) Ensure that an appropriate level of physical, operational, and technical security is maintained to protect the computing environment(s) and facility that process SBA information, and the information is processed in accordance with SBA policy. This must include implementing controls described in an SBA approved System Security Plan and ensuring vulnerability scanning is routinely conducted for all devices supporting Agency operations. Scanning should also be conducted by the contractor’s external auditors as a part of the scope of the SAS 70 Type II evaluation.

(2) Assist SBA’s CISO in the investigation of information technology security breaches that affect processing at the contractor’s facility.

(3) Implement, at the direction of SBA’s CISO, SBA AIS security policies, procedures, and standards that affect systems that process SBA information at the contractor’s facility.

(4) Support SBA’s CISO in maintaining the system security plan and in conducting periodic information security audits and internal control reviews. Reviews will be scheduled and conducted at least every three years, and additionally, as required by changes in the system, data, and operating environment.

(5) Recommend security enhancements and improvements where appropriate.

(6) Ensure the timely correction or remediation of discrepancies found during the periodic information security audits and internal control reviews.

(7) Ensure that an accurate inventory list of all networking devices and licensed software products is maintained.

(8) Ensure that security patches and updates are applied to SBA-owned, contractor operated computing devices in a timely fashion.

(9) Notify information system owner of all security incidents immediately after they are discovered. Detailed follow-up reports must be submitted to the CISO describing the incidents, successful/unsuccessful network penetrations, root or user account compromises, denial of service attacks, website defacing attacks, malicious code, viruses, probes and scans, etc.

(10) Ensure that all contractors with access to SBA’s IT systems and/or sensitive data and PII, complete the annual Computer Security Awareness Training (CSAT) and report status of completion to SBA for tracking. New contractors must complete the CSAT within 45 days from starting to work as an SBA contractor.

(11) Provide SBA with a copy of the facility’s Statement of Auditing Standard 70 (SAS-70) in accordance with Federal guidelines over hosted applications as outlined in NIST 800-53, Recommended Security Controls for Federal Information Systems and Organizations and provisions of OMB Bulletin 07-04, Audit Requirements for Federal Financial Statements. The SAS-70 is a “Report on the Processing of Transactions by Service Organizations” where professional standards are set up to audit and assess internal controls of that specific service organization. In this instance, the specific organization would be the outsourcing facility that hosts and/or processes data belonging to SBA. The SAS-70 serves as SBA’s verification that the facility has satisfactory controls and safeguards in place to protect Agency data housed at a third party service provider.

(12) SBA system owners will ensure that all contractors that have been granted access to one or more of SBA’s information systems are provided with a copy of the system’s “Rules of Behavior” which is a group of standards detailing permissible actions while using the system.

f. Service Level for Reporting, Review and Resolution. SBA system owners and contractors hosting SBA systems off-site, must ensure the system is capable of logging and the logging feature is enabled. Logs should capture account, name, normal and exceptional activities time, data and source of occurrence. Logs for privileged accounts (e.g., administrator, auditor, database administrator) must be set up to capture all activities carried out with these accounts with controls that cannot be altered by an individual. The contractor shall include in their proposal an established process and designated resources for the review and monitoring of such logs.

(1) Frequency of review of system and audit logs

a. Logs must be reviewed daily.

b. Critical and High alerts must be addressed within one hour.

(2) Log Retention

a. Logs must be kept for at least 90 days before deleting. After 90 days, logs must be archived offline.

b. Archived logs must be kept for at least one year.

(3) Turn-around time for reporting of events such as security incidents and violations.

a. Security incidents and violations need to be reported to SBA within one hour.

(4) Turn-around time for resolution of reported security problems

a. Reported security problems must be resolved within three business days of initial report.

(5) Turn-around time for applying approved security patches, updates and changes Security patches, updates and changes need to be applied within one week from release date. However, quality assurance testing must be done on all patches, updates and changes before they are applied.

(6) Submission of reports such as periodic problems, audit and system reports

a. Weekly report submission is required.

g. SBA Information Technology Security Program Requirements. The following Federal laws, OMB/NIST/SBA Policies and Guidelines are applicable to operating or hosting all SBA systems. See documents and links below:

SBA’s IT Security Policies Please click here to access the website to review and comply with the following SOPs pertaining to SBA’s Information Security Program:

• SBA Standard Operating Procedure (SOP) 90 47 2, Automated Information Systems Security Program

Upon request, the contracting officer or the COTR will provide you with copies of the following documents:

Patches (October 22, 2000)

Public Law and Statutes http://www.whitehouse.gov/omb

Office of Management and Budget (OMB) Circulars and Bulletins:

http://www.whitehouse.gov/omb

E-Government Act of 2002;

Federal Information Processing Standards Publications (FIPS PUBs):

http://www.nist.gov/index.html

SECTION I - Contract Clauses

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-13 Contractor Code of Business Ethics and Conduct. (APR 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 Central Contractor Registration. (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2010)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov/.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding obligated dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is obligated dollars.

(End of clause)

52.216-25 Contract Definitization. (OCT 2010)

(a) A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a None proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is: N/A.

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by -

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days prior to contract expiration.

(End of clause)

52.217-9 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 10 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months or five years.(months)(years).

(End of clause)

52.219-9 Small Business Subcontracting Plan. (JAN 2011)

52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

52.222-3 Convict Labor. (JUN 2003)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-41 Service Contract Act of 1965. (NOV 2007)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

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

This Statement is for Information Only:

It is not a Wage Determination

(End of clause)

52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts). (SEP 2009)

52.222-49 Service Contract Act - Place of Performance Unknown. (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: None. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by Awardee.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-1 Buy American Act - Supplies. (FEB 2009)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. (SEP 2010)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)

52.227-1 Authorization and Consent. (DEC 2007)

52.229-3 Federal, State, and Local Taxes. (APR 2003)

52.232-1 Payments. (APR 1984)

52.232-17 Interest. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt payment. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.237-3 Continuity of Services. (JAN 1991)

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

52.248-1 Value Engineering. (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

SECTION J - List of Documents, Exhibits and Other Attachments

Attachment 1 - Performance-Based Statement of Work (SOW), titled “PERFORMANCED-BASED STATEMENT OF WORK FOR PRINTING AND MAIL SERVICES FOR THE SMALL BUSINESS ADMINISTRATION, DENVER FINANCE CENTER,” and consisting of 12 pages, plus its attachments (forms) which consists of an additional 31 pages, Attachment 2 - Contractor’s fully loaded, firm-fixed prices for a base year and four option years, Attachment 3 – Contractor’s Technical Proposal, and

Attachment 4 – Wage Determination for locations of Contractor’s offices where work is to be performed

SECTION K - Representations, Certifications, and Other Statements of Bidders

To the extent possible, Contractor shall complete all required representations and certifications on the ORCA (Online Representations and Certifications Application) website.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-8 Annual Representations and Certifications. (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561499.

(2) The small business size standard is $7 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[ ](i) 52.219-22, Small Disadvantaged Business Status.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ](iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

[ ](iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ](vi) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.209-5 Certification Regarding Responsibility Matters. (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 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, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(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 paragraph (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.