Solicitation 040ADV-22-R-0022.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 31

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SECTION B - SUPPLIES/SERVICES

The Government intends to issue one Fixed Price contract for Bench-top Spectrophotometer, hand-held color meter software license, calibration and warranty. The Period of performance will include one 12-month base period and four (4) 12-month option period periods. Prices shall be in accordance with Lowest Price Technically acceptable (LPTA). Prices must include all general, administrative, and shipping costs for the service requested.

Base Year: November 1, 2022 through October 31, 2023

Option Year 1: November 1, 2023 through October 31, 2024

CIN

Description Quantity UMO Total Price

1001 Calibration and Service Agreement 1 Year

Option Year 2: November 1, 2024 through October 31, 2025

2001 Calibration and Service Agreement 1 Year

Option Year 3: November 1, 2025 through October 31, 2026

3001 Calibration and Service Agreement 1 Year

Option Year 4: November 1, 2026 through October 31, 2027

4001 Calibration and Service Agreement 1 Year

CIN Description Quantity UMO Unit Price Total Price

0001 Benchtop Spectrophotometer 2 Each

0002 Hand-held Color Meter 1 Each

0003 Software lic/ software copies (Software can be downloadable or on a disc

3 Each

0004 Manufacturer 1-year warranty 3 Each

Total Price

Section C: Statement of Work

BACKGROUND

The Plant Operations T&TSB laboratory has the requirement to test the color of materials supplied to the agency to ensure the visible color meets customer requirements. The laboratory is replacing two color meters and one handheld color meter with both units capable of reading LAB color values as described in ASTM D 2244. The current units have reached the end of manufacturer support life and will no longer be calibrated by the manufacturer. This requirement is in support of material color analysis used in secure and unsecure products produced by the Agency and analyzed by Testing and Technical Services Branch of the QCIM department.

A spectrophotometer color meter is an instrument used to measure the true color of a material in the as received, printed, laminated, or otherwise altered state.

SCOPE OF WORK

The scope of this Statement of Work encompasses the acquisition of 2 benchtop spectrophotometer color meters capable of testing using different light sources at different angles using different sized apertures.

The largest aperture shall be 25mm and the smallest shall be 6mm. All units will come with calibration color chips (White body, Black Body and Green body) to calibrate and check unit. The bench top instruments shall include the light source D65 with 2- and 10-degree observer. Color testing can be performed in multiple modes which includes reflection. The specular can be included or excluded. Color is calculated using the instrument software and the ASTM D 2244 CIELAB methods which includes DE*, DE*2000, DEcmc.

The hand-held unit shall be capable of testing color and color density using 45/0 optics. The hand-held unit shall have a calibration chip for the unit for point of use calibrations and verification of unit operation. The vendor shall supply 3 software lic./software copies for data collection and data management from the bench top and hand-held color meters. The software shall be installable on a benchtop computer or laptop and the instruments shall be connected to the computers using a USB or ether net (TCP/IP) connection. The software shall be capable of selecting different light sources, observer, optical modes, specular inclusions etc. Both units shall be provided with power cables used in standard US wall outlets and cables to connect to the benchtop or laptop. Both the bench tops and hand-held units shall use the same software and produce reports comparing to standard reference from a library or creating references using data collected from the instruments. The awarded Vendor shall be responsible for providing the instruments in both a benchtop and hand-held configuration and will ensure calibration and operation after installation.

OBJECTIVE

Acquire color meter instruments:

2 Benchtop color meters

1 Hand-Held color meter

3 Software lic/ software copies (Software can be downloadable or on a disc; USB sticks are not acceptable)

Manufacturer 1-year warranty for each instrument

REQUIREMENTS/TASK

i. Supply benchtop units

ii. Supply handheld unit

iii. Supply computer software compatible for the new units

iv. Ensure all units are calibrated and operational at time of installation

v. Provide a base year warranty for the units.

vi. Provide a calibration service for 4 additional years with prices broken out by Fiscal Year ranging from Oct to Sept.

vii. Provide internal calibrations control materials to ensure the unit is calibrated prior to each use.

DELIVERABLES (For Each Unit)

The instruments shall be operational for normal use when installed.

Certificates of Conformance, Analysis and/or Calibration shall be provided at delivery.

(Hard copies or digital copies supplied to POC, USB stick will not be acceptable)

A pdf or digital version of the operation manual shall be provided for each version of instruments.

Calibrating checks to ensure units are operating correctly

SECTION - D - PACKAGING AND MARKING

The products shall be packaged and packed in accordance with the best commercial practice so as to insure a proper and safe delivery to destination. The supplier must identify all packages by labeling it with the quantity, and purchase order number. Failure to package and properly label the items may be cause for rejection.

SECTION E: Inspection and Acceptance

Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR. The COR will inspect/accept services provided to assure services conform in all respects to the contract specifications. The contractor will be notified by the Contracting Officer of services that are found not to be in conformance with contractual specifications. Inspection will consist of monthly examination of services to ensure compliance with the required Task as cited in the statement of work. The Government reserves the right to conduct any inspection it deems reasonably necessary to assure, services provided conform in all respects to the requirements outlined in the statement of work. Services, which upon inspection, are found not to be in conformance shall be promptly rejected and notice of such rejection, together with appropriate instructions, will be provided to the Contractor by the Contracting Officer. The contractor has three (3) business days to resolve an Unapproved Deliverable. If it takes longer than 3 business days to resolve a problem, then the time must be mutually agreed upon.

SECTION F: DELIVERIES OR PERFORMANCE

Deliveries – Ship to:

US GPO

ATTN: Chief of Testing and Technical Services Loading Dock 44 H St, NW

Washington, DC 20401 Loading Dock hours of operation -8am to 3pm, Mon to Fri, excluding federal holidays.

PROJECT STATUS AND REPORTING

Vendor delivers the instruments to the Agency at the Ship to address and install the instruments in the laboratory. Delivery and installation by November, 1, 2022

Bench top units will be used at:

U. S. GPO

Testing and Technical Services Branch 732 North Capitol St, NW

GOVERNMENT FURNISHED PROPERTY AND SERVICES

Supply computers for Benchtops and hand-held interface.

WARRANTIES.

Contractor shall warrant equipment, hardware and supplies provided under this contract for at least one year. These warranties shall in no way impair or diminish the rights of the Government under any other clause of this contract.

OTHER REQUIREMENT/GENERAL INFORMATION

All vendors working on site at the GPO must check in at the visitor center and obtain a visitor badge.

Under some GPOSAFE requirements, vendors may be required to be checked for temperature at entry and/or required to where a face mask at all times as well as practice social distancing while on site.

PERIOD OF PERFORMANCE

The period of performance will include one (1) twelve-month base year and four (4) twelve (12) month option years as followed below:

Base Period: November 1, 2022, through October 31, 2023 Option Year One: November 1, 2023, through October 31, 2024 Option Year Two: November 1, 2024, through October 31, 2025 Option Year Three: November 1, 2025, through October 31, 2026 Option Year Four: November 1, 2026, through October 31, 2027

OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK DAYS:

For work to be performed at Government site(s), the Contractor must establish a standard holiday schedule that exactly coincides with the Government's schedule for employees working on a Government site(s). Holidays observed are listed below. For Government site work, holidays and other non-work days are not billable unless work is specifically requested by the Government and productive hours are performed on those days. For work to be performed at Contractor site(s), the

Holiday schedule may differ if it is customary practice (for example, when the day after Thanksgiving is given in lieu of Columbus or Veterans’ Day). The following is a list of the official Federal Government holidays:

A. New Year’s Day B. Martin Luther’s King Day C. President’s Day D. Memorial Day E. July 4th- Independence Day F. Labor Day G. Columbus Day H. Veteran’s Day I. Thanksgiving Day J. Christmas K. Inauguration Day (every 4th year in Washington, DC) L.

Juneteenth

Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

INCLEMENT WEATHER

In the case of inclement weather, or other occasions when access to the work area is not available, please contact the CO and the COR for further instructions.

SECTION G: CONTRACT ADMINISTRATION DATA

CONTRACT MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination with the GPO points of contact (Contracting Officer) during performance of the contract.

CONTRACTING OFFICER (CO)

U.S. Government Publishing Office Acquisition Services Room: A529A Stop: AS Washington, DC 20401 Email: dsampson@gpo.gov

(202) 320-0089

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract; the said authority remains solely the Contracting Officers. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made at the contractor’s risk. No adjustment will be made in the contract terms and conditions of this contract, including price.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this contract.

The COR is not authorized to make any commitments or otherwise obligate the GPO or authorize any changes, which affect the quantity, quality, scope or Contract price. All requests for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk.

The COR may designate an alternate COR(s) to act for the COR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

INVOICE SUBMISSION

All invoices must include Task Order Number. The invoices will be reviewed and approved by the CO before submitting for payment.

Contracting Officer (CO) Dyeshia Sampson, dsampson@gpo.gov

Contract Specialist Rosalyn Graham, rgraham@gpo.gov

Contracting Officer Representative

Invoice Mailing Address: U.S. Government Publishing Office (GPO) Comptroller North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401

(202) 512-0874 or email to: invoiceGPO@gpo.gov

PAYMENT METHOD

G.6.1 Payments under this contract will be made by the GPO by electronic funds transfer (EFT).

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this selection are hereby incorporated by reference:

Material Management Acquisition Regulation (MMAR)

NUMBER DATE TITLE

Payment by Electronic Funds Transfer Other

52.232.34 May 1999 than Central Contractor Registration

Effective January 1, 1999 payments on all GPO purchase orders will only be made by electronic funds transfer (EFT) unless you are granted a waiver. A waiver can only be granted if you certify below in writing that you do not have an account with a financial institution or an authorized payment agent and return the certification to the Contracting Officer.

G.5 REQUEST FOR WAIVER/CONTRACTOR CERTIFICATION

I certify that I do not have an account with a financial institution or an authorized payment agent.

Signature and Date

In the event the Contractor designates additional key personnel as deemed appropriate for the requirement, the Contractor shall submit to the contracting officer for approval the information required in the paragraph above.

The Contracting Officer shall evaluate requests for substitutions and additional personnel and promptly notify the Contractor, in writing, whether a request is approved or disapproved.

The following individuals are considered to be essential to the work being performed:

NAME

TITLE

[To be specified prior to award] [To be specified prior to award]

SECTION – H – Special Contract Requirements “ This area is intentionally left blank’

PART II- CONTRACT CLAUSES

SECTION- I CONTRACT CLAUSES

SECTION I- 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(FEB 2002)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at MMAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at MMAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.

An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by

Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Governn1ent reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract Individual orders can then be combined and placed in boxes for pick-up shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance ꞏwith laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES AND EXECUTIVE ORDERS COMMERCIAL ITEMS

(MAY 2002)

a) The Contractor shall comply with the following MMAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-3, Convict Labor (E.O. 11755).

(2) 52.233-3, Protest after Award (31 U.S.C. 3553).

(b) The Contractor shall comply with the MMAR 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 or components:

_x_ (1) 52.203.5, Covenant Against Contingent Fees.

x_ (2) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41

U.S.C. 253g and 10 U.S.C. 2402).

_x_ (3) 52.203-7, Anti-Kickback Procedures.

X___(4) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) _x_ (5) 52.215-19, Notification of Ownership Changes x_ (6) 52.222-26, Equal Opportunity (E.O. 11246).

x_ (7) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212)

_X__(8) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).

x_ (9) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212).

x_ (10) 52.222-19, Child Labor-Cooperation with Authorities and Remedies.

X__(11)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).

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

_ (12) 52.225-1, Buy American Act-Supplies (41 U.S.C. I Oa- 10d).

__(lO)(i) 52.225-3, Buy American Act-North American Free Trade Agreement-Israeli Trade Act (41 U.S.C.

lOa- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

x_ (ii) Alternate I of 52.225-3.

x_(iii) Alternate II of 52.225-3.

__(13) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x_ (14) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129).

_ (15) 52.225-15, Sanctioned European Union Country End Products (E.O.

_ X _ 12849). (14) 52.225-16, Sanctioned European Union Country Services (E.O. 12849).

_ (16) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332).

x_ (17) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (31 U.S.C. 3332).

_x (18) 52.232-36, Payment by Third Party (31 U.S.C. 3332).

_x (19) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

X___(20) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C.

1241).

(ii) Alternate I of 52.247-64.

(c) The Contractor shall comply with the MMAR clauses in this paragraph (c), applicable to commercial services, which 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 or components:

_ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (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) (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 (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

_ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).

(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.

52.233-2 SERVICE OF PROTESTS (AUG 1996)

An agency protest may be filed with either (1) the Contracting Officer or (2) at a level above the Contracting Officer, with the agency Chief Acquisition Officer.

Agency protests filed with the Contracting Officer must be sent to the following address:

Dyeshia Sampson U.S. Government Publishing Office Acquisition Services Stop: AS Washington, D.C. 20401

Agency protests filed with the Chief of Acquisition Services shall be sent to the following address:

Timothy Matthews Chief, Acquisition Services U.S. Government Publishing Office Stop: AS

If a protest is filed with either the Chief of Acquisition or with the Government Accountability Office (GAO), a complete copy of the protest (including all attachments) must be served upon the Contracting Officer and GPO General Counsel within one day of filing with the Chief Acquisition Officer or with GAO. Service upon the GPO General Counsel must be made as follows:

Office of the General Counsel U.S. Government Publishing Office

Attn: James Goodman Room C-814 Stop: GC

DISPUTES (GPO Clause June 2008)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613, and as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Public Law No. 11 0-161).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until ce1iified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and ce1iification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of$50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals, within ninety (90) days of receipt of a Contracting Officer's decision, to the U.S. Government Accountability Office Contract Appeals Board (GAO CAB), 441 G Street, NW, Room 7182, Washington, DC, 20548;

Facsimile: 202-512-9749; E-Mail: CAB@GAO.GOV.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, interest shall be paid from the date that the Contracting Officer initially receives the claim. [A "defective ce1iification" means a ce1iificate which alters or otherwise deviates from the language in (d)(2)(iii) above, or which is not executed by a person duly authorized to bind the contractor with respect to the claim. Failure to certify shall not be deemed to be a defective certification.] Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (j) This contract clause, Disputes (GPO Clause June 2008), cancels and supersedes the contract clause, MMAR Dispute 52.2331 (July 2002), and all other references to the contract clause, Disputes. This contract clause also cancels and supersedes any other disputes language currently included in existing contractual action

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 _60 days.

52.217-8 EVALUATION OF OPTION TO EXTEND SERVICES UNDER

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under MMAR 52.217-8, as follows:

1. The evaluation will consider the possibility that the option can be exercised at any time during any contract performance period and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract.

2. The evaluation will assume that the prices for any option exercised under MMAR 52.217-8 will be at the same rates as those in effect under the contract when the option is exercised.

3. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under MMAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other, and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise.

4. This evaluation will not obligate the Government to exercise any option under MMAR 52.217-8.

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 __30 days___; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60 days___ before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _5 option years plus 6 months.

52.211-6 -- Brand Name or Equal

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

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

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

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

52.212-1, Instructions to Offerors-Commercial Items (OCT 2000)

a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at MMAR 52.212-3;

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

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

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdraw normally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror's best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

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

(i) Availability of requirements documents cited in the solicitation. (1 )(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(2) The DoD Index of Specifications and Standards (DoDISS) and documents listed in it may be obtained f r o m the- Department of Defense Single Stock Point (DoDSSP) Building 4, Section D 700 Robbins Avenue Philadelphia, PA 19111-5094 Telephone (215) 697-2667/2179 Facsimile (215) 697-1462.

(i) Automatic distribution may be obtained on a subscription basis.

(ii) Order forms, pricing information, and customer support information may be obtained-

(A) By telephone at (215) 697-2667/2179; or

(B) Through the DoDSSP Internet site at

(3) Nongovernment (voluntary) standards must be obtained from the…