RFP.doc

Solicitation # CC-10-HQ-R-0008

PART I - SUPPLIES OR SERVICES AND PRICES/COSTS

Gift Basket & Length of Service Award Items

1.0 LINE ITEM DESCRIPTION

In accordance with this contract, the Contractor shall provide all management, personnel, materials, labor, equipment and facilities, except as specified herein to be furnished by the Government, and shall do all that which is necessary to satisfy the requirements listed in Part II- Performance Work Statement. These prices shall be in effect through the base period of the contract and through the option years, if exercised.

1.1 Pricing

The offeror is required to propose a fully burdened fixed price for the CLIN structure.

The fully burdened price includes all direct labor hours performed by all personnel actually engaged in the direct performance of work required under this contract. All prices must be loaded, including but not limited to overhead, shipping, and travel.

Base Period: January 1, 2010- September 30, 2010

Option Year 1: October 1, 2010-September 30, 2011

Option Year 2: October 1, 2011-September 30, 2012

Option Year 3: October 1, 2012-September 30, 2013

Option Year 4: October 1, 2013-September 30, 2014

Base Total Estimated Ceiling

Options Total Estimated Ceiling

Total Estimated Contract Ceiling

PART II – SPECIFICATION/ WORK STATEMENT/

PERFORMANCE WORK STATEMENT

2.0 SCOPE

The contractor will provide all labor, management, and supervision required to assemble and distribute the Welcome Gift Baskets directly to the employees (address to be provided) and the OCC Length of Service Gifts to the OCC Headquarters and the District Service Center Office (address to be provided at time of order).

2.1 BACKGROUND

The OCC is a non-appropriated federal financial regulatory agency with approximately 2,850 permanent employees in 100 cities nationwide. OCC employees are located in offices throughout the contiguous United States with the majority of employees located in Washington, DC. The OCC also has five employees located in London, England.

1) The OCC hires approximately 150 Assistant National Bank Examiners (ANBE) every year (in total) in two recruitment cycles (fall and spring). Welcome Gift Baskets comprised of OCC branded items and specialty food products are sent to each new ANBE hire.

2) In addition to the Welcome Gift Baskets, the OCC has a Length of Service Awards program for its employees. Beginning with the 5th year of service with the OCC, and continuing in five-year increments thereafter, the employee is entitled to one of the following gifts:

2.2 PERFORMANCE REQUIREMENTS

Welcome Basket Specifications & Contents

1) Light brown, medium wicker rectangular/oval shaped, basket sized (14”x 7”x 4” estimated)

2) Five (5) OCC branded products/travel related items to include in gift basket. Examples of items:

a. Millennium leather luggage tag – black with embossed OCC broken ‘donut’ logo

b. Bullet vacuum silver bottle thermos – imprint OCC broken ‘donut’ logo and the words “Comptroller of the Currency” in dark/navy blue

c. Silver finish calendar pen with laser pointer – imprint with OCC broken ‘donut’ in dark/navy blue

d. Executive business card holder – black leather case imprint with OCC seal

e. Round 5.25” diameter crushed t-shirt (round). T-shirt should be Black Hanes Beefy t-shirt (size large) with OCC broken ‘donut’ imprinted in navy/blue

f. Welcome insert card and booklet (made by our Graphics Department, to be supplied to contractor)

3) Seven (7) Specialty Food Products to include in gift basket. Examples of products:

a. 1 container Emerald Nuts (7 oz)

b. 2 Standup Pouches McDuffies Scottish Shortbread (5 oz ea)

c. 1 Box Guylian 6 piece Chocolate box (2.3 oz)

d. 1 Box Radimaker Chocolate mint sticks (2.6 oz)

e. 1 Container Black Mountain Kona Coffee (1.4 oz)

f. 1 Box Brent & Sams White Chocolate Macadamia Cookies (7 oz)

4) Welcome Insert Card and OCC booklet (made by our Graphics Department, to be supplied to contractor) Basket Assembly

Contractor will assemble the baskets using five (5) OCC branded items and seven (7) specialty food products (with expiration dates at least six months in the future) comparable to the examples listed above, as well as the OCC Welcome Insert Card and booklet. Upon assembly, the basket will need to be shrink-wrapped with a decorative bow. Attachment C provides examples of acceptable basket presentation and examples of OCC branded products/items.

Contractor will be required to provide a sample basket for OCC approval before completion of the contract award. It is critical that the Welcome Gift Baskets reflect the highest standard of quality and professionalism that we want to demonstrate to our new hires.

Length of Service Gifts Specifications Attachment A, Length of Service Gift List, is a detailed description of the items requested along with the historical average number ordered for the item each year. The OCC understands all items are subject to replacement/substitution depending on availability. Prior to replacing/substituting items the contract shall be modified.

2.3 DELIVERABLES

Deliverable 1: Gift Baskets

Gift Basket Distribution Requirements

OCC will provide the contractor with an approximate number of baskets needed two months prior to delivery. OCC will then provide the names and addresses of the basket recipients in a format agreed to by the contractor within one week of delivery. Baskets will be shipped to recipients no later than one week after receipt of names/addresses by the contractor. If basket is returned due to mail servicing issues, contractor to notify OCC within 2 business days of mail return.

The contractor shall provide immediate order verification and product availability by email to the COTRs & Contracting Specialist. The contractor shall provide suggested replacements/substitutions for unavailable items within 48 hours to the COTRs and Contracting Specialist. Suggested gift basket product substitutions are to be approved in writing by the COTRs prior to actual substitution.

Deliverable 2: Length of Service Gifts

Length of Service Gifts Distribution Requirements

Based upon the items in the contract, the government shall issue task orders to the contractor for the various items throughout the year. Each item in the task order must come individually boxed with the employee’s name, exactly as specified in the order, labeled on the box (handwritten acceptable).

Delivery shall be as described in the order and to the address identified in each Delivery Order (See Attachment B for a list of the OCC offices for delivery). Delivery shall be made within 30 days from the date of the order. The Point of Contact for each order will be named in the Delivery Order.

Tracking information shall be provided to the COTRs upon shipment.

Errors/defects shall be acknowledged by contractor within two (2) days of initial contact by OCC. Contractor shall provide OCC with a date by which we will receive corrected item within one (1) day. Replacement item shall be received by the OCC within 15 days of initial acknowledgement. Additional shipping costs for replacement items shall not be incurred by the OCC.

Additional Requirements

The contractor shall provide a quarterly status reports for both the Gift Basket and Length of Service orders received. The report shall be in a format that has been mutually agreed upon by both the Contractor and the Contracting Officer’s Technical Representative.

2.4 POST-AWARD MEETING

The OCC will have a post-award meeting within five days after contract award. The post-award meeting will be held at OCC Headquarters in Washington, DC and will also serve as the kick-off meeting, which will include a discussion of schedule for the completion of this requirement and any other pertinent information that the contractor will need to in order to meet the performance requirements of this contract.

2.5 GOVERNMENT FURNISHED INFORMATION

For performance of work under this contract, the Government will provide the following information to the contractor:

· Names and addresses of New Hires receiving a gift basket

· Names of OCC employees receiving a length of service gift, the employee’s specified gift, and the personalization information

2.6 GOVERNMENT FURNISHED PROPERTY

For performance of work under this contract, the Government will provide the following property to the contractor for use while at the facility:

· OCC Welcome Insert Cards

· OCC Welcome Booklets

2.7 PERFORMANCE REQUIREMENTS SUMMARY

All services under this contract will be subject at all times to inspection by the government. Although the government retains the right to specifically enforce all provisions in the contract, the Performance Requirements Summary identifies those contract requirements considered most important to acceptable contract performance and the government’s intended quality assurance procedures. The Performance Requirements Summary references the most applicable section of the PWS, the qualitative performance standards (objectives), the government’s intended quality assurance procedures and frequency of inspection (measures), and what the government believes is the minimum satisfactory rating (expectations) at this time.

The Contracting Officer may unilaterally change the Performance Requirements Summary provided the Contractor is notified of the change at least 7 calendar days prior to the beginning of the evaluation period to which the changes apply.

2% disincentive of monthly invoice if more than 15 days late

Persistent issues with inaccurate audits will be subject to consultation on performance issues.

PART III - OTHER CONTRACTUAL TERMS AND CONDITIONS

Type of Contract

This is a performance based firm fixed price contract.

3.0 Administrative Clauses

3.1

PERIOD OF PERFORMANCE:

The Period of Performance of this contract shall be from date of contract award through September 30, 2010. There are four one-year option periods.

3.2

CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

DATE

TITLE

52.212-4

MAR 2009

CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

The following clauses are incorporated by reference, pursuant to FAR 52.252-2:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS

(JUN 2009)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

XX (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

XX (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

XX (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

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

XX (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

XX (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

XX (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

XX (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

XX (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

XX(31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___(32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

XX (33) 52.225-5, Trade Agreements (June 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

XX (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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

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

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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

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

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

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

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

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

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

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

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

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

[End of Clause] 3.3

CLAUSES INCORPORATED BY FULL TEXT

The following clauses are incorporated into this solicitation/contract by full text as follows:

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award date through September 30, 2014.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $35,000;

(2) Any order for a combination of items in excess of $35,000; or

(3) A series of orders from the same ordering office within 14 business days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2014.

(End of clause)

52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract completion. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(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 1 day of contract completion.

(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 1 day of contract end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 years.

1052.201-8000 (OCC) CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) DESIGNATION AND AUTHORITY (NOV 2008)

(a) The contracting officer's technical representative will be identified via separate letter to the contractor.

(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled "Changes";

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the contractor's right to perform under the terms and conditions of the contract; or,

(6) directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five work days, with a copy to the contracting officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes".

(End of Clause)

1052.204-70(OCC) REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAY 2003)

The Office of the Comptroller of the Currency (OCC) has adopted the Department of Defense's Central Contractor Registration database as its database for contractor information. Accordingly, the following requirements apply to this contract.

(a) Definitions. As used in this clause --

(1) "Central Contractor Registration (CCR) database" means the primary Department of Defense (DoD) repository for contractor information required for the conduct of business with DoD.

(2) "Data Universal Number System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities.

(3) "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern. This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying sub-units or affiliates of the parent business concern.

(4) "Registered in the CCR database" means that all mandatory information, including the DUNS number or the DUNS+4, if applicable, is in the CCR database; the DUNS number has been validated; and all edits have been successfully completed.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States.

(2) The offeror shall provide its DUNS or, if applicable, its DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(3) Lack of registration in the CCR database will make an offeror ineligible for award of an OCC contract.

(4) DoD has established a goal of registering an applicant in the CCR database within 48 hours after receipt of a complete and accurate application via the Internet. However, registration of an applicant submitting an application through a method other than the Internet may take up to 30 days. Therefore, offerors that are not registered should consider applying for registration immediately upon receipt of this solicitation.

(c) The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete.

(d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at http://www.ccr.gov.

1052.212-8001 (OCC) SUPPLEMENTAL INVOICING REQUIREMENTS – Commercial Item (OCT 2008)

In addition to the invoicing requirements specified in clause 52.212-4, Contract Terms and Conditions--Commercial Items, of this contract, the following special invoicing requirements also apply to the submission of invoices.

(a)(i) The contractor shall submit invoices in a format that replicates the line item (CLIN) and subline item (subCLIN) structure of the contract or, in the case of an order against a contract, the CLIN and subCLIN structure of the order. Each invoice shall provide, by CLIN and subCLIN, the line item number, description, quantity being invoiced, unit of measure, unit price, and current invoiced amount. Each invoice shall sequence CLINs and subCLINs in the same order in which they appear in the contract or order and shall be totaled at the bottom of the invoice.

(ii) If the contract allows for the submission of partial or periodic invoices, the contractor shall include an additional column, titled “Cumulative Amount,” to the right of the “Current Invoiced Amount” column. In the “Cumulative Amount” column, the contractor shall enter the total amount that has been billed for each contract line item and subline item through the end of the current invoice period.

(iii) The contractor shall submit invoices that conform to the requirements listed in subparagraphs (a)(i) and (ii) above. The contractor shall not deviate from this format without the expressed, written permission of the contracting officer. To further clarify the guidance provided in these paragraphs, a sample, generic invoice accompanies this clause.

(b) The contractor shall identify the point of contact (POC) or contracting officer’s technical representative (COTR) for this contract on the face sheet of all invoices submitted under the contract. The POC or COTR is identified in (b)(ii) below. The contractor shall precede the POC or COTR’s name with either a “POC” or “COTR” label, as appropriate (e.g., “POC: John E. Doe”).

(c) The contractor shall submit an original and two copies of each invoice. The contractor shall submit the original and all copies of the invoice at the same time. Submission shall be as follows:

i) The contractor shall submit original hardcopy or electronic copy of invoice(s) to the designated billing office. Hardcopy invoices shall be sent to:

Address:

Comptroller of the Currency

Accounts Payable, MS FM 2

250 E Street, SW

Washington, DC 20219-0001

Telephone:

(202) 874-5140

Electronic invoices shall be sent to OMAPVendorInvoice@occ.treas.gov

(ii) The contractor shall submit a copy of the invoice (hardcopy or electronic) to the contracting officer’s technical representative (COTR), as designated in the contract. The COTR for the Length of Service Gifts on this contract is

Name:

TBD at award Address:

Telephone:

Electronic copy invoices shall be sent to ______________.

The COTR for the Gift Baskets on this contract is Name:

TBD at award Address:

Telephone:

Electronic copy invoices shall be sent to _______.

(iii) The contractor shall submit a copy of the invoice (hardcopy or electronic) to the contract specialist. The contract specialist is

Name:

Natalie Wallace

Address:

250 E Street SW

MS FM-4

Washington, DC 20219-0001

Telephone:(202) 874-4542

Electronic copy of invoices shall be sent to Natalie.Wallace@occ.treas.gov.

(d) The OCC may deem any invoice that does not fully comply with the invoicing requirements specified in 52.212-4, Contract Terms and Conditions -- Commercial Items, and this clause, 1052.212-70(OCC), Supplemental Invoicing Requirements – Commercial Item, as an improper invoice and return the invoice to the contractor.

(e) Contractors shall select one method to submit invoices, either hardcopy or electronically. Once a method is selected, Contractors must submit a request to the Contracting Officer to change the manner of submitting invoices for payment. The contract will be modified to effect the change.

(End of clause)

1052.242-70(OCC) EVALUATION OF CONTRACTOR PERFORMANCE (JUNE 2001)

A. The OCC will evaluate the contractor’s performance after contract award. If this contract has renewal options, an evaluation will be conducted at the end of the base year and each exercised option year. If this contract does not have renewal options, an evaluation will be conducted every 12 months and upon completion of the contract. Notwithstanding the preceding, the Contracting Officer may conduct evaluations more or less frequently, if the Contracting Officer deems appropriate.

B.

Evaluations will be conducted using an electronic format as established by the National Institute of Health’s (NIH) Contractor Performance System (CPS), an internet-based database of contractor performance information. The OCC will enter the information, gathered from the evaluation, into the CPS. The contractor will have access to and will be able to provide comments on the evaluation through the database. The contractor must first register to gain access to the NIH database at https://cpscontractor.nih.gov/cr.asp. The contractor will have 30 days to respond to the evaluation. If a response is not entered within 30 days, the evaluation will stand as written.

C.

If the contractor responds to the evaluation, and the response rebuts any or all of the ratings, the Contracting Officer will attempt to reconcile the areas of disagreement with the contractor. If agreement cannot be reached, the evaluation and response shall be reviewed at a level higher than the Contracting Officer and a final evaluation will be issued by the reviewing official. If the reviewing official finds, either all or in part, against the contractor, the contractor’s response shall become part of the final evaluation. The reviewing official’s final decision shall not be subject to dispute under the terms and conditions of the Disputes clause nor subject to resolution in accordance with the terms and conditions of the Alternative Dispute Resolution clause. The reviewing official will provide the contractor with a copy of the final evaluation.

D.

Any government agency authorized to access the NIH database will be able to view the performance information related to this contract. Any government agency may also receive a copy the contractor’s performance evaluation, and any associated comments, by contacting the OCC. The OCC will also, upon request, provide copies of any and all of the contractor’s evaluations to the contractor.

1052.243-8001 (OCC) AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (OCT 2008)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Name:

Marguerite Brown Address:

250 E Street SW

MS FM-4

Washington, DC 20219-0001

Telephone:

(202) 874-5096

E-mail:

Marguerite.Brown@occ.treas.gov (End of Clause)

3.4 FULL TEXT CLAUSES INCORPORATED FOR SOLICITATION PURPOSES ONLY

52.225-2 Buy American Act Certificate (Feb 2009)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of Provision) 52.225-6 Trade Agreements Certificate (Jan 2005)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification (Aug 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4)…