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UNITED STATES MINT SOLICITATION
| SOLICITATION NUMBER: |
| DRAFT USM-HQ-13-0018 |
SOLICITATION DATE:
SOLICITATION DUE DATE:
| ISSUED BY/RESPOND TO: |
| Department of the Treasury |
United States Mint 801 Ninth Street, NW Washington, DC 20220-0001
CONTRACTOR NAME: ADDRESS:
POINT OF CONTACT:
PERIOD OF PERFORMANCE:
CONTRACT TYPE:
ESTIMATED TOTAL VALUE:
DESCRIPTION: Order Management System – Retail Sales End to End Solution
The Contractor agrees to furnish and deliver all items and perform all services as set forth herein. The rights and obligations of the parties to this contract shall be subject to and governed by the contract and all attachments thereto. By executing this document, the Contractor agrees to all terms and conditions included herein and has read the Notice Regarding Inapplicability of Laws Governing Procurement or Public Contracts (I.26).
Offer
SIGNATURE
Typed Name:
Title:
Date: _____________________________
FOR
Acceptance
SIGNATURE
Typed Name:
Title: Contracting Officer Date: __________________________
FOR THE UNITED STATES MINT
| SECTION B - PRICES | 5 |
| B.1 PRICE PROTECTION (Nov 2001) Clause #B-001 | 5 |
| B.2 PRICING | 5 |
| B.3 CONTRACT MODIFICATION AND/OR TASK ORDER PRICING | 5 |
| B.4 MAXIMUM VALUE OF CONTRACT (NOV 2001) CLAUSE # B-007 | 6 |
| B.5 TASK ORDERS | 6 |
| SECTION C - STATEMENT OF OBJECTIVES | 8 |
| C.1 STATEMENT OF OBJECTIVES | 8 |
| C.2 CONFORMANCE WITH THE ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY STANDARDS - ALL ACQUISITIONS OTHER THAN IDIQ (OCTOBER 2002) CLAUSE # C-123 | 8 |
| C.3 SECTION 508 COMPLIANCE - NEW IDIQ CONTRACTS (MAR 2009) CLAUSE # C-125 | 8 |
| SECTION D - PACKAGING AND MARKING | 9 |
| D.1 PACKAGING (JAN 1996) CLAUSE # D-008 | 9 |
| SECTION E - INSPECTION AND ACCEPTANCE | 10 |
| E.1 INSPECTION AND ACCEPTANCE - GENERAL (DEC 2001) CLAUSE # E-013 | 10 |
| SECTION F - DELIVERIES OR PERFORMANCE | 11 |
| F.1 CONTRACT TERM (JAN 1996) CLAUSE # F-017 | 11 |
| F.2 PLACE OF PERFORMANCE (JAN 1996) CLAUSE # F-019 (VAR) | 11 |
| F.3 TASK ORDER DELIVERY SCHEDULE (JAN 1996) CLAUSE # F-023 (VAR) | 11 |
| F.4 WORKING HOURS AND HOLIDAYS (FEB 2000) CLAUSE # F-029 (VAR) | 11 |
| F.5 PHOTOGRAPHY AND WEB REQUIREMENTS/DELIVERABLES (OCT 1999) CLAUSE # F-090 | 11 |
| SECTION G - CONTRACT ADMINISTRATION DATA | 15 |
| G.1 INVOICING (JUL 1999) CLAUSE # G-034 | 15 |
| G.2 ORDERING (OCT 1997) CLAUSE # G-036 (VAR) | 15 |
| G.3 TRAVEL (DEC 1999) CLAUSE # G-040 | 16 |
| G.4 REFUNDS (OCT 1997) CLAUSE # G-042 | 17 |
| G.5 SUBCONTRACTOR PAYMENTS (DEC 1999) CLAUSE # G-094 | 17 |
| G.6 POST-AWARD CONFERENCE (SEP 1998) CLAUSE # G-099 | 17 |
| G.7 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAR 1999) CLAUSE # G-103 | 17 |
| G.8 CONTRACTOR CONTACT (MAR 1998) CLAUSE # G-107 | 18 |
| G.9 PAYMENT (CLAUSE #G-108, NOVEMBER 2012) G-108 | 18 |
| G.10 CORRESPONDENCE PROCEDURES (JAN 1996) CLAUSE # G-109 | 20 |
| G.11 CONTRACT CLOSEOUT (FEB 1997) CLAUSE # G-110 | 20 |
| G.12 SUBCONTRACTOR GOODS AND SERVICES (JAN 2000) CLAUSE # G-114 | 20 |
| SECTION H - SECURITY REQUIREMENTS | 22 |
| H.1 SECURITY PROCEDURES FOR CONTRACTOR EMPLOYEES (MAY 2012) CLAUSE # H-044 | 22 |
| H.2 SECURITY INGRESS/EGRESS (MAY 2012) CLAUSE # H-045 | 24 |
| H.3 PASSES AND BADGES (MAY 2012) CLAUSE # H-046 | 25 |
| H.4 NON-DISCLOSURE AGREEMENT (MAY 2012) CLAUSE # H-047 | 25 |
| H.5 SECURITY OVER UNITED STATES MINT ASSETS (MAY 2012) CLAUSE # H-048 | 25 |
| H.6 SECURITY AND CONTROL (MAY 2012) CLAUSE # H-129 | 26 |
| H.7 SENSITIVE DATA PROCESSED ELECTRONICALLY (MAY 2012) CLAUSE # H-131 | 26 |
| H.8 SENSITIVE INFORMATION (MAY 2012) CLAUSE # H-130 | 27 |
| H.9 DISPOSITION OF INFORMATION (MAY 2012) CLAUSE # H-132 | 27 |
| H.10 SECURITY AWARENESS AND EDUCATION (MAY 2012) CLAUSE # H-133 | 27 |
| H.11 CONFIDENTIALITY (MAY 2012) CLAUSE # H-134 | 28 |
| H.12 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2012) CLAUSE # H-135 | 28 |
| SECTION I - CONTRACT CLAUSES AND GENERAL PROVISIONS | 29 |
| I.1 MINT-FURNISHED PROPERTY (NOV 2006) CLAUSE # I-050 | 29 |
| I.2 INSURANCE (ALTERNATE IV - UNITED STATES MINT ASSETS PROVIDED AS MFP) (DEC 2000) CLAUSE #I-051, (VAR) | 30 |
| I.3 PROPERTY AND INVENTORY CONTROL | 31 |
| I.4 KEY PERSONNEL (SEP 1998) CLAUSE # I-057 | 33 |
| I.5 SOFTWARE GRANT OF LICENSE (MAR 2004) CLAUSE # I-081 | 33 |
| I.6 PROPRIETARY RIGHTS (DEC 1997) CLAUSE # I-082 | 33 |
| I.7 PROPRIETARY INFORMATION (DEC 1997) CLAUSE # I-083 | 34 |
| I.8 MAINTENANCE AND NEW VERSIONS (DEC 1997) CLAUSE # I-084 | 34 |
| I.9 SOFTWARE WARRANTIES AND REPRESENTATIONS (MAR 2004) CLAUSE # I-085 | 34 |
| I.10 SMOKING AND OTHER MINT-SPECIFIC POLICIES (FEB 1998) CLAUSE # I-086 | 35 |
| I.11 TERMINATION OF CONTRACTOR EMPLOYEES (AUG 1998) CLAUSE # I-091 | 35 |
| I.12 EXCUSABLE DELAYS (APR 2000) CLAUSE # I-095 | 35 |
| I.13 NON-COMPETITION AGREEMENTS (DEC 2000) CLAUSE # I-097 | 36 |
| I.14 INTERRELATIONSHIPS OF CONTRACTORS (AUG 2001) CLAUSE # I-098 | 36 |
| I.15 CONTRACTOR ACQUIRED PROPERTY (AUG 2000) CLAUSE # I-104 | 36 |
| I.16 AUDIT AND RECORDS (JUN 1999) CLAUSE # I-106 | 36 |
| I.17 ADDITIONAL COMPENSATION (MAY 2000) CLAUSE # I-111 | 37 |
| I.18 TAX EXEMPTION (DEC 2000) CLAUSE # I-120 | 37 |
| I.19 REQUIRED SYSTEM FOR AWARD MANAGEMENT (SAM) – NEW CONTRACTS I-122 | 37 |
| I.20 Accessibility of Electronic and Information Technology Warranty (Clause #I-124, August 2002) | 38 |
| I.21 INITIATION OF UNITED STATES MINT'S DISASTER RECOVERY PLAN (JUL 2004) CLAUSE # I-135 | 39 |
| I.22 AGREEMENT REGARDING POTENTIAL CONFLICTS OF INTEREST (NOV 2004) CLAUSE # I-136 | 39 |
| I.23 $1 COIN ACCEPTANCE AND DISPENSATION I-137 | 40 |
| I.24 NOTICE REGARDING INAPPLICABILITY OF LAWS GOVERNING PROCUREMENT OR PUBLIC CONTRACTS (MAR 2003) CLAUSE # GP-1 | 40 |
| I.25 DISPUTES (OCT 2011) CLAUSE # GP-3 | 40 |
| I.26 ENTIRE AGREEMENT (APR 1996) CLAUSE # GP-4 | 41 |
| I.27 GOVERNING LAW (NOV 1996) CLAUSE # GP-5 | 41 |
| I.28 INDEMNITY (SEP 1997) CLAUSE # GP-6 | 41 |
| I.29 MINT APPROVAL (NOV 1996) CLAUSE # GP-7 | 41 |
| I.30 PERMITS (AUG 1998) CLAUSE # GP-8 | 41 |
| I.31 PUBLICITY (MAR 1996) CLAUSE # GP-9 | 41 |
| I.32 REMEDIES NOT EXCLUSIVE (FEB 1997) CLAUSE # GP-10 | 41 |
| I.33 RIGHTS IN DATA (JUL 1999) CLAUSE # GP-11 | 42 |
| I.34 SEVERABILITY (NOV 1996) CLAUSE # GP-12 | 42 |
| I.35 STANDARD OF PERFORMANCE (NOV 1996) CLAUSE # GP-13 | 42 |
| I.36 SURVIVAL (NOV 1996) CLAUSE # GP-14 | 42 |
| I.37 TERMINATION (APR 2000) CLAUSE # GP-15 | 42 |
| I.38 TIME IS OF THE ESSENCE (NOV 1996) CLAUSE # GP-16 | 43 |
| I.39 TRADEMARK USE (AUG 2010) CLAUSE # GP-17 | 43 |
| I.40 WAIVER (NOV 1996) CLAUSE # GP-18 | 43 |
| I.41 WARRANTIES AND REPRESENTATIONS (AUG 2000) CLAUSE # GP-19 | 44 |
| SECTION J - LIST OF ATTACHMENTS | 45 |
| SECTION K - REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS | 47 |
| K.1 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS (NOV 2000) CLAUSE # K-068 | 47 |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 49 |
| L.1 COMMITMENT | 49 |
| L.2 TYPE OF CONTRACT | 49 |
| L.3 GENERAL INSTRUCTIONS | 49 |
| L.4 PREPARATION OF PROPOSAL (JAN 1996) CLAUSE # L-071 | 51 |
| L.5 PREAWARD SURVEY (JAN 1996) CLAUSE # L-077 | 55 |
| SECTION M - EVALUATION FACTORS FOR AWARD | 56 |
| M.1 BASIS FOR AWARD (APR 2000) CLAUSE # M-079 | 56 |
| M.2 EVALUATION FACTORS AND CRITERIA | 56 |
| M.3 PRICE ANALYSIS | 57 |
| M.4 PAST PERFORMANCE EVALUATION | 57 |
| M.5 COMPETITIVE RANGE AND BEST AND FINAL OFFERS (BAFO) | 57 |
SECTION B - PRICES
B.1 PRICE PROTECTION (Nov 2001) Clause #B-001
Contractor warrants and guarantees that the prices contained in this contract are the lowest available prices for the specific personnel, goods and/or services specified. If, during the six-month period before or after the issuance of this contract or purchase/delivery order, the Contractor sells or offers to sell comparable quantities of goods and/or services substantially similar to those purchased under this contract at lower prices or more favorable terms than those stated in this contract, the prices and/or terms of this contract shall be automatically revised to equal the lowest prices and most favorable terms. If the United States Mint becomes entitled to lower prices for any goods and/or services under this clause, the Contractor shall promptly notify the United States Mint and refund the difference. If the Contractor does not promptly refund the difference, the United States Mint shall have the right to deduct or withhold payment under this contract or any other contract with the Contractor in effect at the time for the amount of difference.
B.2 PRICING
The United States Mint encourages contractors to propose their industry standard pricing models for work of this size and scope. However, the United States Mint will not consider pricing models that are based on commission or revenue sharing.
< To be filled in after award >
B.3 CONTRACT MODIFICATION AND/OR TASK ORDER PRICING
All proposed fully burdened labor rates for pricing of contract modifications and/or Task Orders to this contract are included in Table II. These rates are for direct labor exempt and direct labor non-exempt employees. Direct-labor positions are those positions in the contractor’s organization that routinely account for their time worked on customer projects on a weekly/monthly basis. Table II will be populated based on the information Contractor submits in Attachment 4 - Pricing Template.
Table II – Direct Labor, Exempt and non-Exempt
| Labor Category |
| Definition |
| Sell Rate per hour |
Table III will be populated based on the information Contractor submits in Attachment 4 - Pricing Template.
Table III (Other Direct Costs)
Markup Factor
Hardware
Software
Sub-Contracted Services
| Travel |
| No Mark-up |
B.4 MAXIMUM VALUE OF CONTRACT (NOV 2001) CLAUSE # B-007
The estimated maximum anticipated contract value will be based on the contractor’s proposal and will be determined at time of award.
B.5 TASK ORDERS
This contract permits the issuance of written Fixed Price, Labor Hour, and Time and Material Task Orders or a combination thereof. No funds are obligated by issuance of this contract. All funds will be obligated under individual task orders.
Prior to the issuance of a task order, the United States Mint will issue a Task Order Proposal Request that may be issued either verbally or in writing by either the Contracting Officer’s Representative (COR) or the Contracting Officer. The Contractor shall respond by submitting to the Contracting Officer a written proposal within fifteen (15) calendar days of the date of the United States Mint's request. The proposal shall include a technical narrative and a price proposal. The price proposal shall be based upon the contracted rate structure as established in section B.3 Tables II & III.
Labor Hour or Time and Material Task Orders If Labor Hour or Time and Material task orders are issued under the contract, each task order shall include estimated levels of effort or work hours per Contractor employee labor category/skill set or for non-employee subcontracted services/labor. The United States Mint shall be invoiced monthly for only actual hours expended on United States Mint work. The Contractor shall never exceed the not-to-exceed dollar amounts established under this contract or any task order issued hereunder. Rates for non-employee subcontracted services/labor hours require prior written approval from the Contract Officer. Further, the Contractor shall notify the Contracting Officer when the costs shall exceed 75% of the estimated cost specified in any task order issued hereunder. Notification shall include the date at which contractor anticipates exceeding 75% of the estimated costs. Costs are defined as actuals to date plus projected costs.
The Contractor shall only bill or invoice the United States Mint for employee hours actually spent performing contract work required by the Performance Work Statement (PWS), or Statement of Work. Non-employee hours will be billed at cost plus markup in accordance with Table II under section B.2. As such, the United States Mint shall not be billed for any holidays, sick leave, vacation leave, training, lunch periods or other breaks, or any other hours not spent specifically performing United States Mint required work. Salaried employee hours are limited to 40 hours per week, fewer hours charged to other tasks, and less contractor paid time-off hours. All Contractor invoices shall include the appropriate employee time sheets that must support the hours being billed for that month. Unless authorized in writing by the Contracting Officer, for onsite contractor personnel the contractor shall invoice for only those hours worked at United States Mint premises. Additionally, no hours shall be billed to the United States Mint for labor categories or labor rates not included as part of the contract. Any materials (Hardware or Software) acquired under a Task Order shall be billed to the United States Mint at cost plus the mark-up factor agreed to in Section B (Table III). However, the Contractor shall not purchase materials without the written authorization of the Contracting Officer. Purchases of materials, if required, shall be funded on a case-by-case basis. The United States Mint shall have the right to examine and audit the Contractor's records to verify costs claimed in accordance with United States Mint clause "Audit and Records".
Authorization to Proceed In order to accommodate urgent program requirements, the Contracting Officer may give the Contractor written Authorization to Proceed in advance of issuing a task order. In such instances the Contractor shall submit a proposal within fifteen (15) calendar days of the notice date.
SECTION C - STATEMENT OF OBJECTIVES
C.1 STATEMENT OF OBJECTIVES
Reference Attachment 1
C.2 CONFORMANCE WITH THE ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY STANDARDS - ALL ACQUISITIONS OTHER THAN IDIQ (OCTOBER 2002) CLAUSE # C-123
The United States Mint seeks Electronic and Information Technology products and services that best conform to 36 CFR 1194 and which best address the accessibility needs of the intended end users.
Submission of the Electronic & Information Technology Accessibility Standards Evaluation spreadsheet (Attachment C-1) referenced in paragraph (c) is a prerequisite imposed due to 36 CFR 1194 for making or entering into this contract.
The Contractor assures by completing the Electronic & Information Technology Accessibility Standards Evaluation spreadsheet (Attachment C-1) that the products and services offered in response to this solicitation conform as stated in the spreadsheet to the Electronic and Information Technology Accessibility Standards at 36 CFR 1194.
C.3 SECTION 508 COMPLIANCE - NEW IDIQ CONTRACTS (MAR 2009) CLAUSE # C-125
All electronic and information technology (EIT) products (supplies and services) provided or delivered under this contract shall fully conform to Section 508 of the Rehabilitation Act of 1973, as amended, and the Architectural and Transportation Barriers Compliance Board's Electronic and Information Technology Accessibility Standards at 36 CFR Part 1194 et seq.
Any electronic means by which the Contractor shall provide information or data about its offered products must conform to Section 508 requirements.
For every EIT product accepted under this contract by the United States Mint that does not fully comply with 36 CFR Part 1194 et seq. (pursuant to an exception or exclusion as determined by the United States Mint in its discretion), the Contractor shall on 30 days’ notice, at the discretion of the United States Mint, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral.
SECTION D - PACKAGING AND MARKING
D.1 PACKAGING (JAN 1996) CLAUSE # D-008
(a) All shipments shall be properly packaged to ensure against damage resulting from improper handling, inclement weather, water, excessive heat or cold, and to ensure acceptance by common carrier for safe transportation to the destination point of delivery. The Contractor shall provide adequate protection against corrosion, deterioration, and physical damage during shipment and storage.
(b) The Contractor's standard or best commercial practice for packaging is acceptable. The United States Mint will not be held responsible for any damage, deterioration, or losses incurred during loading, shipment, storage, and installation, except where gross, willful negligence or mishandling is lawfully proven against the United States Mint.
SECTION E - INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE - GENERAL (DEC 2001) CLAUSE # E-013
(a) The United States Mint shall have the right to inspect the work being performed under this contract at any time. Such inspections are for the sole benefit of the United States Mint and do not relieve the Contractor of any requirement under this contract.
(b) Any work found not to be in compliance with the contract, and/or task order(s), shall be corrected by the Contractor at no additional cost to the United States Mint or an appropriate price reduction shall be taken.
(c) Inspection of the work shall be made as soon as practicable after completion of the work and subsequent acceptance shall be final except for latent defects, fraud, gross mistakes amounting to fraud or the United States Mint's rights under warranty.
(d) Failure to agree with any decision by the Contracting Officer under this clause shall not excuse the Contractor from continuing work under this contract pending resolution of the issue. Failure to proceed in this manner will constitute a breach of the contract.
SECTION F - DELIVERIES OR PERFORMANCE
F.1 CONTRACT TERM (JAN 1996) CLAUSE # F-017
The term of this contract is as follows:
Base period is equal to the proposed period of performance for Logical Design Phase Option 1 is equal to the proposed period of performance for Physical Design Phase and shall not extend beyond October 2014 Option 2 is Operations and Maintenance Phase, 5 year period Option 3 is Operations and Maintenance Phase, 1 year period Option 4 is Operations and Maintenance Phase, 1 year period Option 5 is Operations and Maintenance Phase, 1 year period Option 6 is Operations and Maintenance Phase, 1 year period
F.2 PLACE OF PERFORMANCE (JAN 1996) CLAUSE # F-019 (VAR)
Unless otherwise specified, all work shall be performed within the United States by United States citizens or legal resident aliens. None of the work may be contracted to or performed in locations outside of the United States.
F.3 TASK ORDER DELIVERY SCHEDULE (JAN 1996) CLAUSE # F-023 (VAR)
Each Task Order shall include the performance schedule and describe the work to be performed.
F.4 WORKING HOURS AND HOLIDAYS (FEB 2000) CLAUSE # F-029 (VAR)
This section is applicable when the contractor is performing work under this contract within the confines of United States Mint facilities.
(a) The normal working hours are between 7:00 a.m. and 7:00 p.m., Monday through Friday. Working hours outside normal hours must have the written advance approval of the COR.
(b) Except as approved by the COR in writing, in advance, work shall not be performed on Federal holidays: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas Day.
F.5 PHOTOGRAPHY AND WEB REQUIREMENTS/DELIVERABLES (OCT 1999) CLAUSE # F-090
(a) General. Copies of all artwork, photography, posters, brochures, catalogs, radio spots, text, video, page layout and design, multimedia, and camera-ready output deliverables etc. (see required web deliverables in Para. c. below) shall be provided to the United States Mint in either IBM PC-compatible electronic format or MAC-compatible format. Acceptable media are CD-ROM and DVD.
All files, objects and disks shall be clearly labeled and marked with descriptive names per the United States Mint’s instructions (if not known, contact the United States Mint’s Office of Electronic Information and Products (EIP) for instructions). Hardcopy of originals shall also be provided where applicable.
All deliverables shall be delivered in duplicate to: the COR, who is responsible for submitting a copy to EIP for the United States Mint’s Electronic Library.
(c) Acceptable File Formats.
1. Graphics (general):
2. Encapsulated PostScript (*.eps; vector graphics), and
3. Tagged Image File Format (*.tiff; raster graphics).
4. Photos taken and/or scanned into a system for purposes of posters/blow-ups must meet the following:
5. Target scan size shall meet the physical dimensions of the final blow-up print at a 1:1 scale at 200dpi.
6. All scans shall be RGB color mode, any Grayscale and Bitmap modes shall also be converted.
7. Scans shall be saved in a Tiff format.
8. Deliver on a separate CD-ROM or DVD from the four color separations since they shall only be used for blow-up prints.
(d). Graphics (developed specifically for Internet use (EPS and TIFF are also acceptable)):
1. For line drawings or logos: interlaced Graphics Interchange Format (*.gif; GIF-89a), or Portable Network Graphics (*.png) formats.
2. For photos or photorealistic images: Joint Photographic Experts Group (*.jpg, *.jpeg)
3. (e). Video and Multimedia files:
4. *.avi, *.mov, or *.mpg formats, on CD-ROM or DVD.
5. Library copies in other formats (e.g., video cassettes) shall also be provided.
6. Sound files:
7. Shall be delivered on CD, DVD or Digital Audio Tape (DAT).
8. Text files:
9. Shall be provided in MS-Word (preferred) or RTF (Rich Text Format) on diskette or via e-mail.
(f) Deliverables. (Note: This section to be revised, as appropriate for each contract).
Images of Coins or Medals:
Contractor must provide, when requested, all images in the best resolution appropriate for the usage (EPS preferred), to include:
1. One each full, straight-on image of the coins obverse and reverse on a white background.
2. An individual (not as set with other packaging options), full, straight-on image of each packaging option (e.g., a 2-coin set image, a 4-coin set image, a coin and stamp set, etc.)
3. Any additional photographs of the coins in composite/artistic arrangements of coins and settings must also be provided in electronic format.
Note: Duplicate photographs should not be taken for obverse or reverse images which are identical except for size.
(g) Copy:
Text copy (together with additional images) tailored to web or multimedia use which may be developed by the Contractor to support the campaign shall be provided in electronic format to EIP through the COR.
(h) Other marketing materials:
The final, approved, original text used in other collateral materials (brochures, posters, press kits, order cards, etc.) shall be provided in electronic format to EIP through the COR.
(i) Other supporting materials:
Other supporting materials commissioned under this contract may be requested in electronic format, to include original artwork, non-coin images, etc. If requested, electronic deliverables other than those specified above shall be negotiated by separate modification to this contract.
(j) Copyright and Licensing.
In accordance with the Rights in Data general provision of this contract, all work products created, generated or commissioned under this contract shall become the property of the United States Mint, without restriction to its subsequent use or reproduction in any form. The Contractor certifies and warrants that any work product created or produced under this contract shall be an original work and not a reproduction of any copyrighted or trademarked work, except for those elements that consist of pre-existing works which shall be licensed by the Contractor for use in the deliverable and on the United States Mints web site unless determined otherwise by the COR.
Contractor shall be responsible for any applicable licensing fees prior to submission of any deliverable or stock images, in any form, to the United States Mint, consulting as necessary with the COR to determine the applicability, scope and length of the license. All licensing restrictions shall be clearly marked on all deliverables and each deliverable shall include a copy of the licensing agreement for any licensed works, as well as names, addresses and telephone numbers of each items source (author/originator/ creator).
(k) Due Date.
Electronic deliverables shall be provided to the United States Mint as soon as completed, but no later than the due date for print versions.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 INVOICING (JUL 1999) CLAUSE # G-034
The Contractor shall invoice Monthly for work performed under this contract or task order. Payment shall be made at prices stipulated in this contract less any deductions provided for. No partial payments are authorized.
G.2 ORDERING (OCT 1997) CLAUSE # G-036 (VAR)
(a) From time to time during the course of this contract, work may be authorized by the Contracting Officer through the issuance of written Task Orders. A Firm-Fixed, Labor Hour, or Time and Materials price shall be negotiated for each Task Order prior to issuance of the Task Order.
(b) Prior to the issuance of a Task Order, the Contracting Officer will issue, to the Contractor, a written Task Order Proposal Request either by the issuance of a Request for Proposal (RFP) or Request for Quote (RFQ). The Contractor shall respond by submitting to the Contracting Officer a written proposal within fifteen (15) business days from the date the RFP/RFQ is issued. The proposal shall contain a brief technical narrative and a price proposal. At no time will there be more than two (2) proposals due in the same seven (7) business day period.
Revision requests to a submitted proposal shall be submitted within fifteen (15) business days, depending on the complexity of the changes (i.e. additional technical requirements or requests for scope changes).
(c) For new work that is outside the scope of the work defined in the contract or Contractor’s proposal, the United States Mint will issue a Task Order Proposal Request to the Contractor and will simultaneously issue Requests for Proposals to other potential suppliers of the required services. Issuance of such a Task Order to the Contractor is contingent upon the Contractor’s submitting the proposal offering the best value to the United States Mint. Should the proposal submitted by the Contractor offer the best value to the United States Mint, negotiations will be conducted, as necessary.
(d) The Contractor shall be obligated to perform the services under each Task Order for the negotiated amount.
(e) For additional work beyond the original scope of work in this contract, travel costs will be in proposed in accordance with Clause G-040 below.
(f) All task orders are subject to the terms and conditions of this contract.
G.3 TRAVEL (DEC 1999) CLAUSE # G-040
All travel shall be pre-approved by the COR. Travel invoices shall be submitted separately with back-up documentation provided, to include a completed form, United States Mint Contractor Travel Voucher (Attachment G-3) for each traveler, receipts as indicated below, and the original United States Mint Travel Authorization (if applicable). The Voucher shall indicate the purpose of the trip and reference the associated contract deliverable. Except for meals and incidental expenses, all travel shall be reimbursed at the actual expense rate. Indirect costs associated with travel expenses shall not be reimbursed. Contractors shall obtain government rates whenever available and should obtain an agency letter of identification from the Contracting Officer to assist them in that regard. When government rates are not available, the Contractor shall so indicate on their travel invoice.
Contractors are expected to incur expenses prudently. Excessive or lavish travel expenses shall not be reimbursed. Below are some guidelines to prevent the incurrence of unacceptable travel expenses:
1. Coach class transportation tickets should be purchased. Receipts are required. The lowest discounted tickets available should be purchased that shall allow accomplishment of the United States Mint’s mission.
2. Local transportation is encouraged, where applicable, i.e., metro rail, hotel shuttle, etc.
3. Receipts are required for all lodging costs, regardless of amount. Actual hotel costs shall be reimbursed up to the government maximum lodging amount for city as indicated in the Federal Travel Regulation. Standard hotel rooms should be purchased. Lodging cost shall not be allowed for stays with friends and/or relatives.
4. Receipts are not required for meals. Meals and incidental expenses (M&IE) shall be reimbursed at the government M&IE rate as indicated in the Federal Travel Regulation, limited to 3/4 rate for first and last day of travel.
5. Receipts are required for any miscellaneous expense over $75, i.e., taxi, phone calls, fax services, copier costs, rental of meeting room space, etc.
6. Non business-related activities shall not be reimbursed, i.e., movies in hotel rooms, personal phone calls, sightseeing ventures, transportation to night time activities or events, etc.
7. Tips should not exceed 15% of the cost for taxis, etc.
Note 1: As government per diem rates are revised in the Federal Travel Regulation, the new rates shall automatically be effective on the date of the revision. If additional expenses are needed, they must be justified, supported by receipts where applicable, and approved by the COR. If you cannot obtain a hard copy or access a Website for the Federal Travel Regulation (FTR), contact the Contracting Officer for assistance.
Note 2: The United States Mint will not reimburse the contractor for non-refundable tickets.
G.4 REFUNDS (OCT 1997) CLAUSE # G-042
The Contractor agrees that any refunds, rebates, or credits (including any related interest) accruing to or received by the Contractor or any assignee, that arise under this contract and for which the Contractor has received reimbursement, shall be paid by the Contractor to the Government. The Contractor shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits including any interest (United States Mint Form 7510/7511) in form and substance satisfactory to the Contracting Officer (Attachment G-3).
G.5 SUBCONTRACTOR PAYMENTS (DEC 1999) CLAUSE # G-094
The contractor shall be responsible for paying its subcontractors timely, in accordance with its subcontractor agreement(s) and independent of payments made by the United States Mint to the prime contractor. Failure to do so will result in a monetary penalty assessed to the prime contractor, in addition to any other rights and remedies available to the United States Mint for failure to perform in accordance with the terms of this contract. The penalty will be in an amount equal to the accrued interest on the owed subcontract payment amount, computed in accordance with the Prompt Payment Act.
G.6 POST-AWARD CONFERENCE (SEP 1998) CLAUSE # G-099
The United States Mint intends to hold a post-award conference with the Contractor no later than 2 weeks after contract award. The purpose is to bring all relevant contract administration personnel together to ensure a clear, mutual understanding of the contract requirements/objectives and personnel roles and responsibilities. Any changes to the contract resulting from a post-award conference must be made by contract modification.
G.7 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAR 1999) CLAUSE # G-103
The COR for this contract is: To be named at Contract Award.
(a) COR LIMITATIONS: Performance of the work under this contract shall be subject to the technical direction of the COR. Technical direction shall be issued in writing by the COR with a copy to the Contracting Officer and must be within the specifications/scope of work as described in Section C. The COR does not have the authority to, and may not issue any technical direction which: (1) constitutes an assignment of additional work outside the existing specifications/scope of work; (2) constitutes a change; (3) in any manner causes an increase or decrease in the total contract cost, the fixed fee (if any), or the time required for contract performance; (4) changes any of the expressed terms, conditions, or specifications of the contract; or (5) interferes with the Contractor's right to perform the terms and conditions of the contract.
(b) TECHNICAL DIRECTION. The term "technical direction" is defined to include the following:
(1) Directions to the Contractor which direct the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work;
(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description; and,
(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, products and technical information to be delivered by the Contractor to the Government under the contract.
G.8 CONTRACTOR CONTACT (MAR 1998) CLAUSE # G-107
The person listed below has been designated by the Contractor as the person whom the United States Mint may contact during the period of the contract for prompt action on matters pertaining to administration of the contract including negotiation of any proposed changes. This person shall also be responsible for distributing Smoking and other site-specific policies to all Contractor employees working at a United States Mint facility and shall serve as the point of contact regarding non-compliance with United States Mint policies.
Name: To be filled in by Contractor Title: To be filled in by Contractor Address: To be filled in by Contractor
Tel. No.: To be filled in by Contractor Fax No.: To be filled in by Contractor E-Mail Address: To be filled in by Contractor
G.9 PAYMENT (CLAUSE #G-108, NOVEMBER 2012) G-108
a) Payment Due Date. The due date for making payments shall be 30 calendar days after the later of: 1) Date designated paying office has received a proper invoice (see paragraph c. Invoice Content) or 2) Date United States Mint has accepted goods or services. If delivered goods or completed services are found defective, the provisions of this paragraph will be reapplied upon receipt of corrected goods or services. Payment shall be considered as being made on the date of an electronic funds transfer.
b) Billing Instructions. The contractor shall submit invoice(s) electronically to the Internet Payment Platform (IPP) website address at https://www.ipp.gov. Listed below is information for obtaining information and instructions for IPP. In addition waiver provisions for this requirement are also provided below.
c) Invoice Content. A proper invoice shall include the following: Name and address of the contractor; taxpayer identification number (TIN); invoice date; contract number or other authorization (including delivery/task order number and contract line item number); description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms); name of payee, telephone number and address where payment is to be sent; name, telephone number and address of person to be notified in the event of a defective invoice; and any other documentation required by the contract. An invoice that does not include the minimum elements set forth herein or contains incorrect information is considered defective and will be returned to the Contractor.
d) Payment Method. All payments will be made by electronic funds transfer. The Contractor shall be registered in the System for Award Management (SAM) database, per clause I-122, Required System for Award Management (SAM), New Contracts. Electronic payment information will be downloaded from SAM. Payments will only be issued when the Contractor’s SAM record is current. Invoices will be returned to the Contractor without payment if the Contractor’s SAM record has expired.
e) Interest. Any and all amounts that become payable to either of the parties to this contract shall be subject to interest at the rate determined by the U.S. Treasury under the procedures of the Prompt Payment Act (31 U.S.C. 3901-6 et. seq.) or the Debt Collection Act (31 U.S.C. 3701 et. seq.). Interest penalties are not required on payment delays due to defective invoices.
f) Electronic Invoice and Payment Requirements
1. Internet Payment Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers by the U.S. Treasury's Financial Management Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers.
2. The required method for invoicing is through IPP. The IPP website address is https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Help desk via email ippgroup@bos.frb.gov or phone (866) 973-3131.
3. If the Contractor is unable to utilize IPP for submitting payment requests, invoices may be submitted electronically to the e-mail address shown in Block 18a, page 1 of the contract after completing the IPP Waiver Form (Attachment G-9) and submitting it via e-mail to contractadministration@bpd.treas.gov (see attachment G-9). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. Invoices shall contain the information required in accordance with the above information contained in and by United States Mint contract terms.
Under this contract, the following documents are required to be submitted as an attachment to the invoice: To be determined at contract award.
g) Payment and Invoice Questions
For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@bpd.treas.gov.
h) Conversion of Check Payments
Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check for a payment obligation, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement. The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.
G.10 CORRESPONDENCE PROCEDURES (JAN 1996) CLAUSE # G-109
a) Technical correspondence shall be sent to the COR, with an information copy furnished to the Contracting Officer.
b) All other correspondence shall be sent to the Contracting Officer, with an information copy to the COR. The United States Mint contract number, task or delivery order number and/or modification number shall be included on all correspondence, information, forms, reports, invoices, etc., relating to this contract.
G.11 CONTRACT CLOSEOUT (FEB 1997) CLAUSE # G-110
It is the United States Mints intention to close out contracts as soon as possible after completion of all deliverables and expiration of any warranty period. Accordingly, upon completion of the contract, the Contractor shall sign a release (United States Mint Form 7510/7511) discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract. Failure to provide, or take exception to, the release within 30 calendar days of final payment shall constitute Contractors release of and from all liabilities, obligations, and claims arising out of or under this contract.
G.12 SUBCONTRACTOR GOODS AND SERVICES (JAN 2000) CLAUSE # G-114
The Contractor shall identify all goods and services provided by subcontractors, vendors, suppliers or any other third parties (herein after referred to as subcontracts) that comprises a substantial amount of the goods and services provided under this contract. For the purposes of this clause, substantial amount shall be defined as a critical component where either nonperformance of the services or no delivery of the supplies and materials would compromise contract performance or delivery schedules. The Contractor shall notify the Contracting Officer in writing of any changes to the subcontracted goods and services identified by the Contractor during the performance of this contract.
The Contractor shall ensure the prices paid to subcontractors and charged to the United States Mint are fair and reasonable. For subcontracted goods and services in excess of $5,000, upon request from the United States Mint, the Contractor shall provide to the United States Mint documentation to support and substantiate the prices as fair and reasonable.
SECTION H - SECURITY REQUIREMENTS
H.1 SECURITY PROCEDURES FOR CONTRACTOR EMPLOYEES (MAY 2012) CLAUSE # H-044
Contractor employees, representatives and /or subcontractors (hereinafter Contractor Personnel) may not gain access to United States Mint premises until each such person has successfully undergone a security investigation as set forth herein. For the purposes of security procedures and regulations, the same requirements apply to representatives and subcontractors as to the prime contractors.
1. General. Contractor personnel, while on United States Mint premises, are subject to and abide by all safety and security regulations of the United States Mint and are required to meet the same personnel security background requirements as United States Mint employees as defined in Department of the Treasury Security Manual, TD P 15-71 and Homeland Security Presidential Directive 12 (HSPD-12). A copy of these directives is available from the Contracting Officer upon request. All Contractor Personnel must be U.S. citizens or have lawful permanent resident alien status. For U.S. citizens, required proof of citizenship is a Birth Certificate, Certificate of Birth Abroad, or Certificate of Naturalization. For lawful permanent resident aliens, required proof of status is a Permanent Resident Card. Waivers to this requirement may be approved only on a case-by-case basis and only by the Treasury Director of Security.
(b) All ID badges are referred to as Personal Identity Verification (PIV) credentials. Investigative Requirements and PIV Process are in accordance with HSPD-12 which details the standard investigative requirements for hiring all Federal Government and Contractor personnel; it is required that:
1) Everyone issued a PIV credential must have been favorably adjudicated with a fingerprint check via Special Agreement Check (SAC) prior to access to United States facilities.
2) All personnel must be identity-proofed, which means that they must present two forms of identification, one of which must be a state or federally issued photo identification.
(c) Personal Identity Verification Process for Contractor Personnel.
1) Before any Contractor Personnel performs work in a United States Mint facility, they will be required to undergo the PIV process. The Contracting Officer, who is the designated sponsor for all NFGP, the COR, or specifically delegated Mint employee, will provide to the contractor the PIV Request Form along with the appropriate paperwork for completion of background investigation(s).
2) On or before the start of the Contract services the CO or COR must escort the contract candidate to the U.S. Mint Protection Department PIV office. At that time, the Contractor must bring two forms of identification which will be reviewed for authenticity. They may not utilize a current government issued employee identification badge as their picture ID.
3) At the registration (U.S. Mint Protection PIV) the identity forms will be authenticated by the U.S. Mint Protection personnel; they will also be fingerprinted and a photograph taken.
4) All information on the PIV form must be complete and current. The applicant must be favorably adjudicated prior to performing contracted work at the United States Mint. If derogatory or adverse information is developed during this process the Protection Department will make the final suitability determination in regards to approval for hiring and/or access to U.S. Mint facilities.
5) The CO or COR must indicate on the PIV Request Form if the Contractor will be working on or off site, have access to United States Mint systems and the duration of the contracted services.
(d) Contractor Personnel who have previously undergone the United States Mint Police investigation within the preceding twelve months may perform under a contract at the United States Mint without being subject to further investigative requirements provided no derogatory information is disclosed as a result of investigation review. The Contracting Officer shall notify the Protection Department of any changes of the Contractor status.
(e) Protection of Security Records - The information resulting from security investigations conducted on Contractor Personnel shall be adequately safeguarded to protect the interest of the Contractor, the individual employee and the United States Mint. This information shall not be released to anyone without the approval of the United States Mint Police. Requests relative to approval shall be directed to the Contracting Officer.
(f) Non-Disclosure of Information - The Contractor shall ensure that Contractor Personnel do not disclose any information obtained during performance of the contract without prior written request and Contracting Officer approval, as this information is considered proprietary to the United States Mint. Contractor Personnel must sign the required Non-Disclosure Agreement Forms.
(g) United States Mint-Issued Identification/Personal Identity Verification (PIV)
1) PIV Badges shall be visible at all times.
Upon the date of termination of United States Mint services, all Contractor Personnel under the terminated contract possessing a United States Mint-issued identification badge, shall ensure that the United States Mint badge is surrendered to the United States Mint COR or United States Mint Police. The United States Mint shall retain $150.00 of monies due under the contract for each individual Contractor Personnel badge that is not surrendered to the United States Mint COR or Protection Department.
(h) Required Investigation Forms:
1) All information on the form must be complete, current and correct. If the security check discloses unfavorable information, the applicant must undergo a thorough and complete background investigation, and be favorably adjudicated prior to assuming a contracted position at the United States Mint.
2) Contractor Personnel shall complete the below listed forms:
| i. | Mint Form 5009, Request for Investigation |
| ii. | Notarized copy of United States Naturalization Forms (Only naturalized U.S. citizens born outside the United States must provide this.) |
| iii. | Reference Check form (to be completed by the employer) |
The following investigative forms required for a complete background investigation must be submitted electronically by the Protection Department Personnel Security: Standard Forms 85, Questionnaire for Non-Sensitive Positions, Standard Form 85P, Questionnaire for Public Trust, Standard Form 86, Questionnaire for National Security Positions. The contractor will be notified by the Protection Department with instructions and the web link to complete the investigation forms.
(i) The United States Mint Police, as deemed appropriate, may authorize, deny and/or terminate temporary clearances to Contractor Personnel. However, the granting of a temporary clearance to any such employee shall not be considered as assurance that full clearance shall follow as a result or condition thereof and the granting of either temporary or full clearance shall in no way prevent, preclude, or bar the withdrawal or termination of any such clearance by the United States Mint.
(j) Furthermore, a security clearance granted by the United States Mint to Contractor Personnel is intended to be effective for the duration of the Contractor Personnel performance at the United States Mint and is not necessarily transferable to other Government agencies or to private corporations.
H.2 SECURITY INGRESS/EGRESS (MAY 2012) CLAUSE # H-045
At United States Mint manufacturing/depository facilities:
(a) When access to the building is required, ingress and egress for working personnel should not exceed 10 minutes per day. Contractor Personnel cannot take coins into or out of the building. Before exiting the building, Contractor Personnel shall be required to surrender personal items such as cigarette packages, belt buckles, shoes, metallic objects, etc. for x-ray inspection. All personnel are required to pass a metal detection inspection upon leaving the building.
(b) All Contractor Personnel shall be under the observation of United States Mint personnel at all times while at the United States Mint. Any worker being added to the Contractor work force who shall need access to United States Mint property must be processed through and receive a clearance from the United States Mint Police before working on United States Mint property. Contractor Personnel are not authorized to escort any visitors.
(c) It shall be the Contractor Personnel’s responsibility, through the COR, to obtain access to buildings and arrange for the building to be opened and closed.
H.3 PASSES AND BADGES (MAY 2012) CLAUSE # H-046
While on United States Mint premises all Contractor Personnel shall wear a United States Mint issued Contractor Personnel identification badges. The badge shall be visible at all times and reflect, at a minimum, the person's name and company name.
H.4 NON-DISCLOSURE AGREEMENT (MAY 2012) CLAUSE # H-047
The Contractor shall complete, and require their employees and subcontractors to complete, applicable United States Mint Non-Disclosure Agreements prior to obtaining access to any sensitive United States Mint information or systems, including the United States Mint Mailing List, contract documents, accounting records, personnel records, automated systems, plans/drawings, etc.
H.5 SECURITY OVER UNITED STATES MINT ASSETS (MAY 2012) CLAUSE # H-048
(a) Adequate security accountability and internal control procedures shall be employed to protect United States Mint information…
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