Loren Data's SAM Daily™

FBO DAILY ISSUE OF MARCH 13, 2011 FBO #3396
SOLICITATION NOTICE

T -- Hi-Speed, Hi-Volume Photocopier Cost-Per-Copy Services - Solicitation Word Document and Attachments

Notice Date

3/11/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

561439 — Other Business Service Centers (including Copy Shops)
 

Contracting Office

Railroad Retirement Board, Acquisition Management Division, OA, Procurement Section, 844 North Rush Street, 9th Floor NE, Chicago, Illinois, 60611-2092
 

ZIP Code

60611-2092
 

Solicitation Number

RRB11R003
 

Point of Contact

Elizabeth A Kelly, Phone: 312-751-3350, Paul T. Ahern, Phone: (312) 751-7130
 

E-Mail Address

elizabeth.kelly@rrb.gov, paul.ahern@rrb.gov
(elizabeth.kelly@rrb.gov, paul.ahern@rrb.gov)
 

Small Business Set-Aside

N/A
 

Description

Attachment 9 Attachment 6 Attachment 5 Attachment 1 Attachment 8 Attachment 7 Attachment 2 Offerors should submit one signed copy of this Standard Form (SF) 1449 This is the word document of the posted solicitation. Offerors should complete and submit the Price Schedule in section II.B with their proposal submissions. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This notice constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. Offerors may use the attached Word document version of this solicitation as a reference. Offerors may send questions regarding this solicitation to elizabeth.kelly@rrb.gov by 11:00 AM on March 16, 2011. This solicitation is issued as Request for Proposal RRB11R003. The solicitation document aND incorporated provisions are those in effect through Federal Acquisition Circular Number (FAC) 2005-48. This solicitation is not a small-business set-aside. I.OVERVIEW A. Agency Information- The U. S. Railroad Retirement Board ("RRB") is an independent Federal agency that administers a retirement and survivor benefits program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its benefits program was the forerunner of the more familiar Social Security System. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefits program covering a single private industry. The RRB also administers the Railroad Unemployment Insurance Act, which provides unemployment and sickness benefits to railroad employees. The RRB's headquarters is located in Chicago, Illinois. B. Performance-based Service Contracting Solicitation/Contract- This solicitation has been developed in response to the Office of Federal Procurement Policy (OFPP) policy to increase the use of performance-based contracting methods in the acquisition of services. Performance-based contracting aims to improve the value of contracting services by emphasizing objective, measurable mission-related outputs rather than how the work is performed or broad and imprecise statement of work. It requires objective, measurable performance requirements and quality standards in developing statements of work, selecting contractors, determining contract type and incentives, and performing contract administration. C. Project Information The RRB is seeking one contractor that can provide cost-per-copy services, duplication operator services and optional desktop publisher services as specified in section III.A below for the U.S. Railroad Retirement headquarters facility in Chicago, IL. D. Availability of Funds The services required by the RRB in this solicitation are subject to the availability of funds. Offerors please be advised that there currently is no funding available for these services. The RRB is currently funded for Fiscal Year 2011 through March 18th. The RRB may award an order or contract for these services once funds become available through the extension of the Federal Government's Continuing Resolution or through the passage of the Federal Government's appropriation for FY 2011. E. Contracting Officer's Technical Representative (COTR) The COTR provides technical direction and prioritization, as needed, as well as quality assurance monitoring of the work performance. The RRB's COTR information is as follows: Name: Lloyd Kingsbury Room No.: 2nd Floor Address: U.S. RRB, 844 N. Rush St. City, State, Zip Chicago, Illinois, 60611 Phone No. 312/751-4522 e-mail Lloyd.Kingsbury@rrb.gov F.cInspection of Facility It is recommended that potential offers do a pre-inspection of the building/facility where contract performance will be held. Access to the building/facility may be obtained for inspection purposes by contacting Mr. Lloyd Kingsbury or Mr. Pedro Borjas at the RRB Headquarters Building, 844 North Rush Street, Print Shop, Chicago, Illinois 60611-2092 between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. Mr. Kingsbury can be reached on (312) 751-4522 and Mr. Borjas can be reached on (312) 751-4589. G.Post Award Conference - In order to codify any procedural issues and implement contract performance start up, a post award conference will be held at the RRB Headquarters Facility, 844 North Rush Street, Chicago, Illinois, 60611-2092. The contractor must attend this conference and be prepared to discuss the initial phase-in-plan. The contractor will be responsible for all costs related to attending this conference. It is anticipated that this conference will be held within 5 workdays after contract award. II. PRICE SCHEDULE A. Offerors shall complete sections B. (pricing offer), F. (Contractor Information), G. (Offeror Reps and Certs) 1.Price quotation is valid thru ___/____ 2011. (Please Fill in)90days unless otherwise stated. B.The offeror shall provide a "fully loaded" firm-fixed price below to provide cost-per-copy, duplication operator and desktop publishing services to accomplish the requirements as described in Section III. The RRB defines "fully loaded rates" as the price inclusive of direct wage, fringe benefits, all overheads, general and administrative (G&A) costs, profit and fees, and all travel and per diem costs for the contractor's employee to perform the required services at the RRB headquarters facility, located in Chicago, Illinois. The offeror shall provide equipment, designated accessories, maintenance, materials and supplies (except paper) to conduct a hi-speed, hi-volume photocopier cost-per-copy program located at the Board's headquarters. The offeror shall enter in the space provided below a firm-fixed cost-per-copy price for the minimum copy guarantee as listed below to provide all equipment, maintenance service and consumable supplies (except paper) for the initial contract term and four option years. Cost-Per-Copy Services SEE PRICE SCHEDULE ON ATTACHED WORD DOCUMENT OF THIS SOLICITATION. C. Offers which do not include prices as required by CLINS 001-010 above will not be considered for award. D. Offerors are cautioned that any offer may be rejected as nonresponsive if it is materially unbalanced as to prices for the options and the initial contract period. An offer is unbalanced when it is based on prices which are significantly less than cost for some work or when prices are significantly overstated for other work. E. There shall be no additional costs charged to the Board with respect to the provision of services under this contract including delivery and installation of machines and supplies, training of key operators, equipment maintenance and the replacement of or removal of machines and supplies from assigned copier stations. F. CONTRACTOR INFORMATION FOR ORDER ADMINISTRATION 1) Order address ______________________ ______________________ ______________________ 2) Business Size ______________________ 3) Federal Tax ID # ______________________ Submit on IRS Form W9 with offer 4) DUNS No. ______________________ 5) Remit Address ______________________ ______________________ ______________________ ______________________ 6) GSA MAS Contract Number __________________ Please attach (or E-Mail) a copy of contract. Effective dates ___________ - ______________. OR OPEN MARKET OFFER - Y/N (circle one) 7) Authorized representatives: Business Technical Name: Phone #: Fax #: E-Mail: 8) Central Contractor Registration (CCR) completed*: Yes [ ] No [ ] * Offeror must be properly registered, including business size annotation, in CCR to be eligible for award of a Federal contract or order. (See www.ccr.gov) III. PERFORMANCE WORK STATEMENT A. RRB Headquarters Hi-Volume, Hi-Speed Photocopier Cost-Per-Copy Services - This Request for Proposal (RFP) describes a program in which the Vendor must provide facilities management services, equipment, maintenance services, and supplies (except paper) necessary to satisfy the RRB's hi-speed, hi-volume duplicating, mainframe printing, remote printing, and color reproduction needs that exist at its Headquarters facility in Chicago, Illinois for a maximum of five years. The Board's Print Shop current equipment configuration consists of the following: •Two (2) Canon IRPRO125VP's which are used for the day-to-day hi-speed, hi-volume printing. •One (1) Canon IRC3220 which is used to produce business color copy. •Two (2) IR85PLUS printers which are used to run mainframe reports and letter jobs. •One (1) Canon IR110 which is used in the RRB Data Center to run mainframe reports and letter jobs. •One (1) facility services contractor who is responsible for running the IRPRO125VP's located in the Print Shop. All duplicators/copiers listed above are under a cost-per-copy program. The equipment remains sole property of the incumbent contractor, IKON Office Solutions. Dry copies produced by the walk-up self-service photocopiers are not included in these statistics are beyond the scope of the program envisioned by this RFP. The RRB intends to satisfy its current and future hi-speed, hi-volume photocopier duplication, mainframe printing, remote printing, and color reproduction requirements through the use of this indefinite quantity/indefinite delivery contract. The contractor shall deliver, install and make the finalized configuration of the cost-per-copy equipment systems and services ready for use by the RRB's Print Shop and Data Center no later than June 1, 2011. B.General Specifications 1.A single vendor must provide the necessary equipment for the RRB's hi-speed, hi-volume duplicating, mainframe printing, remote printing, and color reproduction. 2.The vendor must provide a duplicating operator to run the hi-speed, hi-volume equipment located in the RRB's Print Shop. 3.All copiers must be digital and network ready print devices. 4.Printer(s) must be able to support output from the following sources: a.Network input from multiple sources such as MAC, PC, UNIX, and mainframe data b.Output using mainframe products from the Levi, Ray, and Shoup product VPS and with IMB;s JES2 c.Printing bar codes produced by Group 1's Code 1 ZIP code + 4 software 4.The printer provider must train all end-users promptly and thoroughly. Additional training must be provided upon request in a timely manner. 5.Each machine must be tagged with an ID number and the telephone numbers to call for service and supplies. 6.All service calls must be responded to within two (2) business hours. This requires that a certified technician has examined the machine on site and attempted to repair the machine. If additional parts are required, these parts should be available for overnight delivery allowing for installation the following day. 7.Machines with an extensive history of poor performance will be swapped out for a like machine at no additional cost to the RRB. 8.Performs at any temperature between 50 - 90 degree Fahrenheit 9.Performs at any humidity between 15 - 85 percent 10.Not contain any asbestos or polychlorinated biphenyls (PCBs) 11.The vendor shall maintain a minimum average rate of 95% uptime efficiency per copier 12.The vendor must provide the purchase price on which the cost-per-copy amount is based on. C.Electrical Specifications 1.120 V System: 120 volt + 10%, single phase, 60 cycle circuit. Full load on circuit should not exceed 16 amps. Male cap (plug) must be two pole three wire grounded 20 A 125V NEMA rated No. 5-20. 2.208 V System: 208 volt + 10%, single or triple phase 60 Hz circuit. 3.The vendor's proposal must state which set of electrical requirements their proposed system(s) require(s). D.Paper Specifications The Government will supply recycled paper whose specifications are in accordance with the Joint Committee on Printing (JCP) circular No. JCP O-65 dated July 1, 1994 (See Attachment 1). Copier(s) shall be capable of performing all required tasks using recycled copier paper. E.Equipment Specifications 1.Provide an equipment proposal. Use the additional equipment specification minimums detailed below when configuring units. Provide technical specifications, marketing materials, and at least fifteen samples to be produced by the exact models included in your proposal 2.All equipment must be new and not refurbished or used in any way. All parts and subsystems must also be new and not refurbished or used in any way. 3.Provide specifications for the following equipment ranges. Please use the past copy volumes and the specifications below as a guideline when determining the best fit. a.Integrated Document Management Workstation and a Scan, Make-ready Workstation must include but not be limited to the following: •Intel(R) Core TM i3 dual-core processor (3.06GHz), 512KB L2 •4GB DDR3-133MHz SDRAM or higher •500GB 7200 rpm SATA 3Gb/s hard drive •DVD/RW Optical Disk Drive •Integrated Ethernet port •Wireless keyboard and mouse •Windows 7 down to Windows XP Pro operating system •20" LCD Flat Panel Monitor b.Make-ready Workstation's output manager and print manager software must Include but not be limited to the following: •Full version of Adobe Postscript software including SMARTBOARD. •Document preview menus that provide logical views of documents for printing pages or book layout •Easy and intuitive user interface for page layout, editing and proofing •Comprehensive document editing features such as: 1) cut and paste, 2) headers and footers, 3) page numbering, 4) overlays, and 5) deskew/despeckle •Tab formatting and printing •Set labeling feature that easily adds variable content to document such as covers, inserts, and slipsheets •Registration that offers precise control over front-to-back alignment accuracy •Effectively control digital printing and manage the flow of print jobs across multiple printers •Accepts print jobs from: a.Job submission clients; b.Internet; c.Network PC's; d.Mainframe; and e.Formats supported: Postscript, PDF, PCL, ASCII, and XPIF job tickets c. Scanner •Document feeding automatic or flatbed •Automatic Document Feeder(ADF) with 100 sheet capacity •ADF must scan document sizes up to 11" x 17" •Automatic two-sided scanning •Scan speed ranges must be 70 ppm simplex and 70 ppm duplexed •Optical resolution must be 600 dpi •Output resolution must be 100/150/200/240/300/400/600 dpi •Operating modes must include simplex, duplex, flatbed, auto, color, grayscale, black and white, error diffusion 4.The RRB Print Shop printer(s) handle(s) jobs that are single-sided, duplexed, stapled, punched, made into pamphlets/booklets, and have post processor insertions. Paper stock size is 8.5"x 11" up to 11" x 17" and runs from 20-lb bond up to 110-lb cover. Provide specifications for two (2) machines following equipment ranges. Please use the past copy volumes and the specifications below as a guideline when determining the best fit for this location. a.Print Shop Digital Printer(s) •On/Off indicator •Networked printer(s) •Between 100 - 125 letter size pages per minute •Printer(s) must be digital • Up to 500,000 impressions per month •600 x 600 engine resolution •Support client environments such as Windows 7 down to Windows XP Pro •Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data •Support PS and PCL6 or higher •Trayless duplexing (except for Tabs) •Acceptable paper weight from 16 lb. Bond to 150 lb. Index •Print size up to 12" x 18 •Paper weights from 16-lb bond to 150-lb index •Capable of printing on sheets, transparencies, Tabs, and covers •Paper capacity of 8,000 sheets •Four draws capable of holding 11" x 17" sheets •Full queue management •Printing noise lever of 75dB or less b.Finisher •Multi-position stapling •Equipment with a top tray (non-stapling) and a staple tray •Straight and offset stacking •Stitching capacity of none, top, bottom or both •Top tray capacity of 500 sheets all sizes •Staple tray capacity of 3,000 straight or offset •Stitch paper sizes from 8" x 10" up to 8 ½" x 14" c.Post-Process Inserter •Equipped with three paper trays •Paper capacity of 4,000 sheets •Two trays capable of holding 11" x 17" sheets •Paper weights from 16-lb bond to 150-lb index d.Stacker •Tray capacity at least 5,000 sheets •Capable of rotating 8 ½" x 11" portrait sheets 90 degrees •Straight or offset stacking •Delivery method - Face-down/Face-Up •Stacking paper sized 8" x 10" up to 12" x 18" e.Puncher •Individual sheets of paper must be punched at machine rated speed •Unit must be equipped with the following punch tools: 3-hole punch dye 19-hole punch dye 11-hole pin punch dye f.Booklet Maker •Paper size 8" x 10" up to 14" x 18" •Stitching capacity 2 to 22 sheets including a cover sheet •Come equipped with output tray to hold finished booklets •Stitching position must be either single-position stapling or 2 center staple positions •Saddle-stitched specifications are as follows: V-folding Folding capacity for 1 to 22 sheets of 20-lb bond paper Edge trimmed folder booklets with adjustable trim width 5.The Full-Color Printer located in the RRB's Print Shop processes full-color jobs that are single-sided, duplexed, and stapled. Paper stock size is 8.5"x 11" up to 11" x 17" and runs from 24-lb bond up to 90-lb cover. Provide specifications for at least one (1) machine following equipment ranges. Please use the past copy volumes and the specifications below as a guideline when determining the best fit for this location. a.Print Shop Full-Color Digital Printer/Copier •On/Off indicator •Networked printer(s)/copier(s) •Copier must be digital •Between 45 - 55 single-sided pages per minute •Up to 15,000 impressions per month •600 x 600 engine resolution or higher •600 x 600 scan resolution or higher •Support client environments such as Windows 7 down to Windows XP Pro •Support PS and PCL6 or higher •Paper capacity 4,000 sheets •Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data •Trayless duplexing (except for Tabs) •3,000 - 4,000 output capacity tray with staple finisher •Acceptable paper weights: Drawers/cassettes: 14-lb bond to 80-lb cover Bypass: 14-lb bond to 110-lb cover •Three paper trays with auto switching •11" x 17" Paper Deck that holds 2,000 sheets •Magnification, Enlargement and Reduction •Print Controller •Single-Pass Duplexing Automatic Document Feeder (ADF) 6.The RRB's remote printers are located on the 5th and 6th floor of the headquarters facility. These printers run letter and three-hole drilled 8.5" x 11" 20-lb bond paper. Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data. Provide specifications for at least one (1) machine following equipment ranges. Please use the past copy volumes and the specifications below as a guideline when determining the best fit for this location. a.Low Volume Remote Printer(s) •On/Off indicator •Networked printers •Printer(s) must be digital •Between 35 - 45 single-sided pages per minute •Up to 20,000 impression per month •Self-diagnostic, on-line functionalities to display understandable operator messages such as 1) needs toner, 2) needs paper, 3) paper mis-feed or paper jam, etc. •Must be capable of running 8.5" x 11" letter and three hole drilled recycled paper •Support client environments such as Windows 7 down to Windows XP Pro •Paper capacity 4,000 sheets •600 x 600 engine resolution or higher •Support PS and PCL6 or higher •Trayless duplexing (except for Tabs) •Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data •Printer(s) must be capable of full queue management •Print controller •Printing noise lever of 75dB or less b.Mid-Volume Remote Printer(s) •On/Off indicator •Networked printers •Printer(s) must be digital •Between 65 - 75 letter size pages per minute •Up to 60,000 impression per month •Self-diagnostic, on-line functionalities to display understandable operator messages such as 1) needs toner, 2) needs paper, 3) paper mis-feed or paper jam, etc. •Must be capable of running 8.5" x 11" recycled paper •Support client environments such as Windows 7 down to Windows XP Pro •Paper capacity 4,000 sheets •600 x 600 engine resolution or higher •Support PS and PCL6 or higher •Trayless duplexing (except for Tabs) •Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data •Printer(s) must be capable of full queue management •Print controller •Printing noise lever of 75dB or less 7.The RRB's Data Center printer is located in the 2nd floor computer room of the headquarters facility. This printer runs 8.5" x 11" letter, color and perforated recycled 20-lb bond paper. Printer(s) must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data.Provide specifications for at least one (1) machine following equipment ranges. Please use the past copy volumes and the specifications below as a guideline when determining the best fit for this location. a.Data Center Printer •On/Off indicator •Networked printer(s) •Between 85 - 110 letter size pages per minute •Up to 225,000 impressions per month •600 x 600 engine resolution •Support client environments such as Windows 7 down to Windows XP Pro •Support PS and PCL6 or higher •Printer hard drive must be capable of efficiently processing and holding 500,000 lines of data •Printer(s) print controller must be capable of receiving network input from multiple sources such as MAC, PC, UNIX, and mainframe data •Trayless duplexing (except for Tabs) •Basic staple finisher with capacity to hold up to 4,000 sheets •Acceptable paper weight from 16-lb. Bond to 80-lb. Index •Print size up to 8 1/2" x 14" •Paper capacity up to 8,000 sheets •Full queue management •Print controller •Printing noise lever of 75dB or less 8.Printer Compatibility and Multi-Functionality Capability a.Data Center initiated printing must function on any of the five (5) printers previously described. All printers must respond identically to the Data Center output so as to not require any major or minor changes to any output other than redirection to the desired printer. b.Data Center initiated printing will be either established forms coming through PARIS (see no. 7 below) or another forms development/storage management system or as mainframe direct IBM COBOL-generated output (for example COBOL compiler listings, reports, records, files, etc.). 9.Data Conversion and Forms Development/Storage/Management System 123 print jobs and 292 print environments currently exist in the format of the Paris system. All RRB forms have been converted to the Paris system but some legacy forms rely on DJDE language in JCL to set up and initiate the use of the legacy forms. The Paris server hardware and software are owned by the incumbent cost-per-copy printer provider, IKON Office Solutions. The new cost-per-copy provider must have full responsibility for the following: a.Provide the RRB with a complete Paris server system, (adequate hardware, latest version of the properly licensed software, etc.), and successfully transfer all existing forms from the current system to their system as required. b.Provide the RRB with a detailed plan to ensure that any downtime on the Paris server is minimized to avoid unnecessary disruption to required print jobs. c.As an alternative to a Paris system, provide a comparable forms development/storage/management system to the RRB and assume full responsibility for converting all existing forms to this system. This would also require providing training to RRB personnel as addressed in section III.H. All forms shall be successfully print-tested and accepted by the RRB at the conclusion of the conversion process. Conversion and training must be completed within three (3) months of contract award. Conversion and training pricing must be a separate line item distinct from the cost-per-copy costs. F.Consumable Supplies 1.All consumable supplies (e.g. toner, developer, fuser agent, wire staple rolls, staple, booklet maker staple cassette, etc.) with the exception of paper must be provided by the vendor and delivered to a centralized storage area at the RRB headquarters for the resulting contract. 2.The vendor must replenish the on-hand consumable supplies within the first five (5) business days of each month to ensure a continual stock of supplies for a minimum of 45 days. The Government must not be responsible for the inventorying of the vendor-furnished supplies. In the event supplies are exhausted prior to the beginning of the next stock replenishment cycle, the vendor shall, when requested by the RRB, furnish emergency supplies. The emergency supplies must be delivered within 24 hours after receipt of the RRB's request and must consist of sufficient quantity to sustain performance of the affected station(s) unit the next replenishment of supply stock. 3.The vendor must keep an adequate supply of machine parts on-site including such pieces as fuser rollers, loops, toner station(s), etc. in order to minimize printer downtime. G.Maintenance 1.The contractor shall provide maintenance services in accordance with the accepted commercial practice with respect to all machines furnished under this contract. Such service shall include all labor, parts, and consumable supplies, except paper, required to keep the equipment working in accordance with the original equipment manufacturers (OEM) specifications. 2.The contractor shall notify the RRB of all on-site field modifications engineering changes) made available by the OEM within 30 days of notice by the OEM. The contractor shall explain the nature of the modification and shall indicate whether the change is optional or mandatory. Implementation of the change shall be effected when mutually agreed upon or within 60 day of availability, whichever is earlier. 3.Maintenance service shall not include electrical work external to the equipment; repair of damage resulting from RRB precipitated accident, neglect, or misuse; repair of damage resulting from failure of electrical power, air conditioning or humidity control. 4.Within 20 days after contract award, the contractor shall submit a written preventive maintenance (PM) plan to the Contracting Officer's Technical Representative (COTR) specifying both the frequency and duration of maintenance required. The schedule shall be subject to the Board's approval. If a mutually agreed schedule cannot be established, the RRB reserves the right to specify a PM schedule. 5.The contractor shall provide remedial maintenance service, including the provision of labor, parts and consumable supplies (except paper), during the principal period of maintenance service upon notification by the RRB that equipment needs service. a.The principal period of maintenance service for the two (2) Print Shop hi-speed printers, the color printer and the two (2) remote printers shall be from 7:00 a.m. to midnight on Monday through Friday, except Federal Holidays. The principal period of maintenance service for the Datacenter hi-speed printer shall be from 6:00 a.m. on Monday thru 6:00 a.m. Saturday, except Federal holidays. b.The contractor shall provide the RRB with a designated point of contact and shall ensure that its maintenance representative(s) promptly receive the RRB's request for remedial service by providing a local toll-free telephone number, voice mail, or pager service during the principal period of maintenance service. c.The contractor shall respond to a service call placed by the Board within 2 business hours after initial notification to affect the repair of any malfunctioning or otherwise inoperable machine. The vendor should attempt to have a service technician on site within four (4) hours of the initial maintenance service call. d.If a copier cannot be repaired or made operable within two (2) working days (16 business hours) after the initial notification by the RRB, the contractor shall provide the RRB with a quick copy service capable of a minimum twenty-four hour turnaround while the malfunctioning copier is being repaired at no additional cost to the government. The quick copy service shall remain in place until the malfunctioning unit has been repaired or for five (5) workdays, whichever is earlier. If at the end of the backup period, the malfunctioning copier has not been repaired; the contractor shall provide and install, upon written request from the Board, a replacement copier of equal or greater capability at no additional cost to the government. The contractor shall be responsible for roundtrip pick-up and delivery of all copies produced under the quick copy service. e.The contractor shall provide a sufficient number of personnel who have the technical resources and ability to diagnose and correct complicated and/or intermittent problems involving all components under this contract. The contractor shall ensure that all contractor personnel conduct themselves in a courteous, professional manner. All preventive and remedial services shall be performed by fully trained and experienced repair technicians. The technicians must be trained on the specified components supplied by the contractor. The contractor shall ensure that all repair technicians receive formal and hands-on training on a continuing basis to ensure that they have current knowledge of all installed components. The contractor shall provide OEM certification for all personnel employed under this contract. f.The Government shall provide, after award, a list in writing of persons authorized to place service calls and order emergency replenishment supplies for copiers furnished under this contract resulting from the RFP. The Government will notify the contractor, in writing, of any change(s) made to this list during the term of the contract. H.Training The contractor shall provide comprehensive copier training for up to ten (10) RRB employees designated as key operators. Classroom training, if available or on-the-job training shall be provided for each copier installed. The training should be sufficient to ensure that the key operators have a thorough working knowledge in the operation of each copier and all built-in and/or attached accessories. After the initial training has been completed, the contractor shall also provide the RRB with a telephone number and a name of a person to act as a help source, answering equipment related questions and/or problems. Due to night shift assignments for some of the computer operators, one training session shall be conducted beginning at 8:00 PM to allow attendance by individuals assigned to both the 3:30 to midnight and 8:00 PM to 4:30 AM shifts. The other training session shall be conducted at a mutually agreed upon time during the day. If existing data center forms need to be converted from the current vendor-provided Paris server, training at the RRB headquarters shall be provided by the offeror in the use of their printer language and the forms development/storage/management system. Ten RRB system developers shall be trained. I.Proposal for New and/or Improved Models The contractor may propose to introduce new and/or improved models of copiers anytime during the contract period for copiers initially installed under this contract. Any proposed new and/or improved model(s) must be of equal or greater capability as the model to be replaced. The contracting officer will accept or reject new and/or improved models by issuing a modification to the contract. J.Contractor Responsibilities 1.Responsibility of Government Property - The Contractor assumes full responsibility for and shall indemnify the Government for any and all loss of or damage of whatsoever kind and nature to any and all Government property, including equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repair or services to be performed under the terms of this contract, or any employee, agent, or representative of the Contractor or subcontractor. 2.Hold Harmless and Indemnification Agreement - The Contractor shall hold harmless and indemnify the Government against any and all liability claims and costs of whatsoever kind and nature for any injury to or death of any persons or persons and for loss of or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the contractor, any subcontractor, or any employee, agent or representative of the contractor of any subcontractor. Notwithstanding the foregoing, the contractor will not be liable for consequential damages as defined in the Warranty Exclusion and Limitation of Damages provisions, if any contained herein. 3.Damage to Government Property from causes other than the Contractor's Negligence - Nothing in the above paragraph shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or destruction of, damage to property in the custody and care of the Contractor where such loss, destruction, or damage is to Government Property. The contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor to the Government in obtaining recovery. 4.Laws and Ordinances - The Offeror shall comply with all laws, ordinances, and regulations (Federal, State, County, City or otherwise) covering work of this character and shall include all costs, if any, of such compliance in the prices quoted in this offer. K.Damage to Equipment All copying equipment provided under this contract remains the property of the contractor. Therefore, the contractor assumes all responsibility for loss or damage to equipment except for loss or damage caused by negligence or willful act of the Government. For such loss or damage, the contractor may submit a claim for reimbursement of equipment repair and/or replacement costs. L.Phase-In The contractor will provide all resources required to ensure a smooth transition. The Government requires the maintenance of customer support with minimal interruptions/disruptions to daily operations. 1.The contractor shall submit, with their proposal, a plan to the COTR specifying the method in which meter reading shall be submitted by the Government. 2.Government personnel will be responsible for physically taking meter readings on the last business day of each month. These readings shall be provided to the contractor on or before the first business day of the next month. The readings will contain the following data: Machine serial number, meter reading, and "unusable copies" count, the number of copies used during service calls, and an authorized machine operator signature. 3.During the installation, the contractor must demonstrate that all CPC systems are properly working. The contractor shall provide to the government a test and acceptance plan within (10) ten days after contract award to the COTR. The demonstration must be accomplished pursuant to the operating instructions furnished with each copier and in the presence of the COTR or his/her designated representative. Upon satisfactory completion of this demonstration, the appropriate RRB personnel authorized to accept equipment under this contract will sign any acceptance document(s). The contractor shall complete testing (5) five business days before contract start date. M.Phase-Out The contractor shall provide all resources required to ensure a smooth transition period in accordance with contract requirements. The Government intends to sustain a maximum level of customer support during this period. The contractor agrees to the performance requirements of the contract until all of the new copiers have been installed. The contractor will be reimbursed at the contract rate for all time exceeding the contract period in which equipment must remain. The government will require the incumbent contractor to cooperate fully with the new contractor to ensure a smooth transition period. This cooperation includes, but is not limited to, tasks associated with the prompt removal of copier equipment and consumable supplies as requested by the COTR or his/her designated representative. N.Uptime Efficiency Level 1.The contractor guarantees that each copier furnished under this contract shall achieve a minimum efficiency level of 95%. The efficiency level will be calculated on an individual machine basis by dividing the number of hours that a particular machine was operable in any month by the total number of operational hours in that month. For purpose of this contract only, the Board's printer operations schedule (workday) shall encompass the following: Printer Type Hours of Operation Days of Operation Remote Printers 12 hours Monday thru Friday Color Printer 10 hours Monday thru Friday Hi-Speed Printers (PS) 10 hours Monday thru Friday Data Center Printer 24 hours Monday thru Saturday Uptime efficiency will be documented on a monthly basis for all printers under this contract and will be reported during monthly service meeting with the vendor. 2.If a machine maintained under this contract fails to achieve the minimum required efficiency level for two (2) consecutive months, the contractor shall, upon written request by the Board, replace the under-performing machine. The replacement printer shall be delivered, installed and ready for use within ten (10) working days of contractor's receipt of the written notice. Replacement printers shall be new or remanufactured equipment in current production at the time of replacement and shall meet or exceed both the capability and contract specifications applicable to the machine being replaced. The replacement machine shall be billed at the same rate as the machine being replaced. O.Credit for Excessive Downtime Each printer furnished under the resulting contract shall perform at a monthly effectiveness level of 95%. The effectiveness level for the machine is computed by: the total number of hour's downtime, divided by the total production time in a month. Total productive time shall be computed by multiplying the hours of operations for each printer by the days of operations for each printer (weekends and Federal holidays excluded). If the monthly effectiveness level is 95% or higher, there is no credit due under this provision. Failure of any particular printer to achieve a monthly effectiveness of 95% shall entitle the Government to unilaterally take credit against the monthly billing for each day the equipment is inoperative. The credit shall be a percentage amount of the cost-per-copy monthly charge per machine, which shall be determined by subtracting the actual percentage of effectiveness level attained during the month from 100. P.Relocation of Printers/Copiers The Government reserves the right to relocate copiers furnished under the resultant contract under the following conditions: 1.The Contracting Officer (or his/her authorized representative) will make every effort to ensure that the contractor is provided with an accurate list of copier installations. However, during the course of the contract, copier relocations may be necessary. Therefore, any copier may be relocated (after initial installation) one (1) time per contract year at no charge to the Government. Thereafter, if that same copier is relocated, there will be no charge to the Government if RRB activity personnel do the moving, while supervised by the contractor's technical representative. If the contractor's personnel perform the relocation, it will be at the rate proposed and accepted at Section II.B, CLIN 008. Relocation of copiers will be made only by the contractor, except in cases where the contractor determines (prior to the move) that the relocation does not require trained moving technical personnel and can be performed by the RRB. This move will be limited to the RRB's headquarters facility. 2.The contractor shall be notified by the Contracting Officer (or his/her authorized representative) of intended equipment moves, which shall take place within 48 hours of the notification. The contractor will be provided with the new location at this time. Q.Minimum Copy Guarantee The Government's minimum copy guarantee shall be 10 million "dry "copies and 160,000 full color copies during the initial term of this contract. Of the 10 million "dry" copies, approximately 9.5 million will be produced on the hi-speed, hi-volume photocopiers and 500,000 will be produced on the two (2) remote printers. R.Annual Reconciliation Procedures Within two business weeks of the completion of each contract performance year and receipt of the last monthly invoice for that period, the Railroad Retirement Board (RRB) Contract Administrator (CA) and Contracting Officer's Technical Representative (COTR) will complete a reconciliation of Contractor copies provided against Government payments to the Contractor for those cost per copy services. The reconciliation will ensure that the Government has paid the contractor for (1) the annual minimum copies guaranteed at that cost-per-copy rate in the contract and, (2) copies provided in excess of the minimum guarantee at that specified rate. The RRB CA will then apply a credit, if any, against the final invoice for that performance year, equal to the amount of RRB payments exceeding those due to the contractor for that performance period. The RRB CA will also notify the Contractor in writing, when applying that credit for the sum of annual overpayments. S.Quality Assurance Surveillance Plan 1.Introduction The procedures established in this plan will ensure that the RRB receives the quality of service specified in the contract. Close coordination and active cooperation on a daily basis between the vendor and the COTR are necessary to obtain a quality cost-per-copy service program. Under the Printer/Copier Quality Assurance Plan, the vendor must be evaluated on a monthly basis. The vendor must be evaluated in two (2) : areas Quality of Service and Customer Complaints. 2.Evaluation Factors a.Quality of Service Provided The COTR must keep a monthly performance log for each printer/copier provided under the contract. During each quarter, the COTR must notate on the Printing System Performance Log (See Attachment A) any end user and/or prime user production problems such as the following: • Printer/Copier excessive downtime; • Excessive problems with attached peripheral equipment (e.g. booklet maker, make ready workstation, finisher, etc.); • Consistently substandard output; • Non-response to maintenance issues; • Inadequate printer/copier supplies; and • Network accessibility (at the printer/copier end) Any performance problems observed during each quarter of service must be documented. Performance problems must be accumulated and totaled. Copies of the Printing System Performance Log must be provided to the vendor within three (3) workdays after the end of the rating quarter in which they occur. • Poor - There are more than 10 performance issues documented in the Printing System Performance Log. • Fair - There are no more than 10 performance issues documented in the Printing System Performance Log. • Good - There are no more than 3 performance issues documented in the Printing System Performance Log. • Excellent - There are no performance issues documented in the Printing System Performance Log. b. Customer Complaints Customer complaints is a means by which deficiencies can be reported and serve as the basis for unsatisfactory or nonperformance of work. The COTR must record and attempt to validate each customer complaint received. Many complaints will be difficult or impossible to validate, but should still be recorded and reviewed to determine if there is a trend or pattern of complaints in the delivery of cost-per-copy services. Only complaints validated by the COTR that are not the result of operator error must be counted for performance purposes. •Poor - There are more than 10 validated complaints per month documented on the Printing System Complaint Log (See Attachment B). •Fair - There are no more than 10 documented complaints per month on the Printing System Complaint Log. •Good - There are no more than 3 documented complaints per month on the Printing System Complaint Log. •Excellent - There are no documented complaints per month on the Printing System Complaint Log. A quality cost-per-copy service is the primary goal of this contract. During the life of the contract, administrative procedures such as inspection, documentation, and retention of records which reflect vendor performance are to be prepared and retained by the COTR. Deductions must be taken only for illegible copies (as a result of mechanical error) and for excessive downtime (See Section III.O) Poor performance is undesirable, therefore, if the vendor's performance remains less than fair and fails to adhere to the contract specifications, the contract may be canceled or terminated. The Government may also contract for the services and charge the vendor for all cost incurred by the Government. Monthly meetings must be held between the vendor and/or his representative and the COTR. The purpose of the meeting must be to discuss the vendor's performance, areas of deficiencies, areas of satisfaction, and customer complaints/concerns. If the vendor is non-responsive, meetings and inspections will need to be conducted more frequently. Once a more reliable service record is established, the inspections and meetings with the vendor can be reduced to normal levels. T.Pre-award Survey In order to determine responsibility of the Contractor, the Government reserves the right to conduct a pre-award survey of the Contractor's capability by requiring evidence of technical, production, managerial and financial capability to perform prior to the award of a contract. U.Print Shop Management Proposal 1.General Operating Requirements The RRB Print Shop is an on-sight printing facility available to all headquarters employees. Hours of operation will be 7:00 AM through 3:30 PM, Monday through Friday, except federal holidays. The RRB Print Shop is located at 844 North Rush Street, Chicago, Illinois 60611. 2.Document Center Staffing Plan a.The RRB Print Shop must be staffed by a minimum of one (1) full-time employee employed directly by the vendor. Temporary labor and sub-contracted labor is not acceptable for this position b.Outline the staff levels, including job descriptions and position responsibilities for the RRB Print Shop. c.Outline your ability to add additional employees to fill vacancy needs as they occur within the RRB Print Shop (i.e. graphic arts, peripheral machine operators.) d.Describe you plans for staff coverage. Address sick absence, call/show, vacations, and leave of absence. If assigned vendor staffing personnel for any given reason will not be available for tour of work during the required normal hours of operation, the vendor must notify the RRB's COTR no later than 6:00 AM and have a suitably qualified substitute staff available by 7:00 AM at the RRB facility. e.If applicable, describe to what level the on-site manager is empowered to make decisions related to both workflow and staff. f.Describe how you determined the appropriate staffing level. Specifically, the number of employees required to deliver superior service and maintain adequate coverage should be addressed. g.What criteria do you use to hire qualified employees? h.What turnover have you had in staffing? i.Describe the process for addressing performance and conduct complaints regarding your employees. j.Describe your hiring process, including detail regarding screening and investigations for drug use, criminal activity, and felony convictions. k.How will you attract and retain qualified employees? l.Please provide a copy of your company's organizational chart, including headquarters and other relevant locations. m.Provide resumes of key personnel who will be assigned to this contract, including educational background, technical skills set and specific training. 3.Job Submission Process a.Job requests may be submitted in person or through RRB e-mail. This must be a formalized process insuring that all customer information and job requirements are captured at the point of initial request. b.Job requisition forms will detail all services offered by the RRB Print Shop. This must be consistent for both hard copy and e-mail requisition forms. Each job submitted will be identified by a RRB Print Shop job requisition number. c.Materials submitted for printing or reproduction can be accepted in either hard copy or electronic formats. The RRB Print Shop will be able to accept, and print electronic jobs generated in multiple applications. The RRB Print Shop employee(s) must know how to work with all the MS-Office applications, as well as many other popular desktop publishing applications including QuarkXpress and Adobe products. V.The RRB Print Shop will offer the following services to both headquarters and RRB Field Offices. 1.High-speed printing and reproduction of both printed and electronic documents; in both black and white and color; onto various paper sizes, colors, and weights. 2.Various types of binding services including Velo and GBC binding. 3.Paper Drilling. 4.Cutting of printed material. 5.High volume variable data printing. 6.Tab and cover printing. 7.Poster and signs production including: printing, mounting and laminating. 8.Delivery of completed print jobs throughout the RRB headquarters facility. W.Quality The RRB must receive the quality of service specified in the support service contract only with the close coordination and active cooperation on a daily basis between the vendor and the COTR. This quality will be assessed under the Support Services Quality Assurance Plan in which the vendor must be evaluated on a monthly basis to ensure accurate and timely support services. X.Performance Standards The vendor must perform the work in compliance with the Performance Standards, as agreed to and contracted for by the RRB. The performance standards must serve as an outline of the business and document management services the vendor must provide the RRB. The outline must include: 1. Outline of job-turn-around times 2. Quality parameters 3. Guidelines on performance for accuracy and timeliness Any questions regarding the Vendor's compliance with the agreed to standards must result, on written notification by the RRB, in a meeting to review the RRB's questions. The vendor must provide corrective measures in a timely manner, but in no case longer than thirty days after the RRB's notification. Y.RRB Quality Assurance Plan - Evaluation Factors 1.Quality of Service The COTR must randomly inspect each week a minimum of five (5) print service requests. During the evaluation, the COTR must notate any production errors based on the print requirements and whether or not the print request was completed within the negotiated deadline. Results must be accumulated and totaled for each month. The vendor must be provided copies of the COTR's findings. •Poor = More than eight (8) printing job errors per month. •Fair = 4 -7 printing job errors per month. •Good = 1 - 3 printing job errors per month. •Excellent = None 2. Customer Complaints The work performed by the hi-speed, hi-volume operator must be evaluated by customer complaints. Customer complaints are a means by which deficiencies can be reported and serve as the basis for unsatisfactory or nonperformance of work. The COTR must record and attempt to validate each customer complaint received. Many complaints will be difficult or impossible to validate, but should still be recorded and reviewed to determine if there is a trend or pattern of complaints in the delivery of Print Shop management services. Only complaints validated by the COTR will be counted for performance purposes. It is the goal of the RRB Print Shop to have a customer satisfaction rating of 95 percent or higher. •Poor = 3 or more customer complaints per month. •Fair = 2 customer complaints per month. •Good = 1 customer complaint per month. Excellent = None 3.Accurate, timely, and efficient Print Shop support services are the primary goal of this contract. During the life of the contract, administrative procedures such as inspection, documentation, and retention of records which reflect contractor performance, are to be prepared and retained. Unsatisfactory work is undesirable; therefore, if the contractor's performance remains less than satisfactory and fails to adhere to the contract specifications, the contract may be canceled or terminated. The Government may also contract for services and charge the contractor for all costs incurred by the Government. Quarterly meetings will be held between the contractor and /or his on-site representative and the COTR. The purpose of the meeting will be to discuss the contractor's performance areas of deficiencies, areas of satisfaction and tenant concerns. If the Contractor is non-responsive, meetings and inspections will need to be conducted more frequently. Once a more reliable service record is established, then inspections and meetings with the contractor can be reduced to normal levels. IV.CLAUSES A. CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (JUN 2010) FAR 52.212-4 (1) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (a) Within a reasonable time after the defect was discovered or should have been discovered; and (b) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (2) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (3) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (4) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (5) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (6) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (7) Invoice. (a) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (1) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (2) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (3) EFT banking information is not required if the Government waived the requirement to pay by EFT. (b) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (8) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (9) Payment.- (a) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (b) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (c) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (d) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (e) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (a) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (b) Affected contract number and delivery order number, if applicable; (c) Affected contract line item or subline item, if applicable; and (d) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (f) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (a) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (b) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (c) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (a) The date fixed under this contract. (b) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (a) The date on which the designated office receives payment from the Contractor; (b) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (c) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (10) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (a) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (b) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (11) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (12) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (13) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (14) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (15) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (16) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (17) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (18) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (19) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The schedule of supplies/services. (b) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (c) The clause at 52.212-5. (d) Addenda to this solicitation or contract, including any license agreements for computer software. (e) Solicitation provisions if this is a solicitation. (f) Other paragraphs of this clause. (g) The Standard Form 1449. (h) Other documents, exhibits, and attachments. (i) The specification. (20) Central Contractor Registration (CCR). (a) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, 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 review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (b)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding notation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (20)(b)(i) of this clause, or fails to perform the agreement at paragraph (20)(b)(i)(c) of this clause, and, in the absence of a properly executed notation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (c) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (d) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. B. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2011) FAR 52.212-5 (1) 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: (a) 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)). (b) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (c) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) The Contractor shall comply with the FAR clauses in this paragraph (2) 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.] __ (a) 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). __ (b) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (c) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (d) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (e) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (f) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (g) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (h) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (i) [Reserved] __ (j)(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. __ (k)(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. _X_ (l) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (m)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (n) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (o) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (p)(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. __ (q) 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). __ (r) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (s) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (t) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (u) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (v) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (w) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (x) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (y) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (z) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (aa) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212). __ (bb) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (cc) 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.) __ (dd)(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.) __ (ee) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (ff)(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. __ (gg) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). _X (hh) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (ii)(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. __ (jj) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (kk) 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). __ (ll) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (mm) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (nn) 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)). __ (oo) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X (pp) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (qq) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (rr) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (ss) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (tt)(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. (3) The Contractor shall comply with the FAR clauses in this paragraph (3), 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.] _X_ (a) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (b) 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.). __ (c) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (d) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (e) 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.). __ (f) 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.). __ (g) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (h) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (4) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (4) 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. (a) 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. (b) 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. (c) 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. (5)(a) Notwithstanding the requirements of the clauses in paragraphs (1), (2), (3), and (4) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (5)(a) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million 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 Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (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. (b) 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. C. OFFERORS REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JAN 2011) FAR 52.212-3 An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "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) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which isat least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) 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." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) 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 terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other 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." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 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 such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. D. Miscellaneous Contract Clauses 1. Availability of Funds (APR 1984) FAR 52.232-18 Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 2. Availability of Funds for the Next Fiscal Year (APR 1984) FAR 52.232-19 Funds are not presently available for performance under this contract beyond September 30th. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. 3. Option to Extend Services (NOV 1999) FAR 52.217-8 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 the period specified in the Schedule. 3. Option to Extend the Term of the Contract (MAR 2000) FAR 52.217-9 (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 4. Technical Direction Performance of the work under this contract shall be subject to the technical direction of the Contracting Officer Technical Representative (COTR). The term "technical direction" is defined to comprise the following: (a) Directions to the contractor which redirect 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.(b) Provisions of information to the contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.(c) Review and, where required by the contract, approve technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under this contract.(d) Technical directions must be within the general scope of work stated in the contract. The COTR does not have the authority to and may not issue any directions which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract article entitled "Changes"; (3) in any manner causes an increase or decrease in the estimated cost or the time required for contract performance; or (4) changes any of the expressed terms, conditions, or specifications of the contract. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this Section and within his authority under the provisions of this Section. If, in the opinion of the Contractor, any instruction or direction issued by the COTR is within one of the categories as defined in (1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this Section and does not constitute a change under the Changes article of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract article entitled "Disputes". 5. Contracting Officer The Contracting Officer has the overall responsibility for the administration of this contract. He alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. He may, however, delegate certain other responsibilities to his authorized representatives.6. Place of Performance (OCT 1997) FAR 52.215-6 The services to be provided under this contract shall be accomplished at: U.S. Railroad Retirement Board Federal Building 844 No. Rush St. Chicago, IL 60611-2092 7. Term of Contract - Work under this contract is expected to commence no later than June 1, 2011. 8. F.O.B. Destination, Within Consignee's Premises (APR 1984) FAR 52.247-3 a. The term "f.o.b. destination, within consignee's premises," as used in this clause, means free of expense to the Government delivered and laid down within the doors of the consignee's premises, including delivered to specific rooms within a building if so specified. b. The Contractor shall--1. (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements. 2. Prepare and distribute commercial bills of lading; 3. Deliver the shipment in good order and condition to the point of delivery specified in the contract; 4.Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; 5. Furnish a delivery schedule and designate the mode of delivering carrier; and 6.Pay and bear all charges to the specified point of delivery. 9. F.O.B. Destination - Evidence of Shipment (FEB 1999) FAR 52.247-48 If this contract is awarded on an free on board (f.o.b.) destination basis, the Contractor- a.Shall not submit an invoice for payment until the supplies covered by the invoice have been shipped to the destination; and b.Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract: (i)If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor's invoice, indicating the carrier's intent to ship the supplies to the destination specified in the contract. (ii)If transportation is accomplished by parcel post, a copy of the certificate of mailing. (iii)If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.The Contractor is not required to submit evidence of shipment documentation with its invoice. 10. Order Limitations (Oct 1995), FAR 52.216-1 a.Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 4,000 copies, 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 50,000 copies. (2)Any order for a combination of items in excess of 2.3 million copies. (3)A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. c.If this 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) above. d.Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order(s) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item(s) called for and the reason(s). Upon receiving this notice, the Government may acquire the supplies or services from another source. 11. Indefinite Quantity (OCT 1995) FAR 52.216-22 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 365 calendar days after contract award. 12. Ordering (OCT 1995) FAR 52.216-18 a.Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities 3 designated in the Schedule. Such orders may be issued from date of award through end of the contract term. b. All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. c. If mailed, a delivery order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. 13. Order Limitations (OCT 1995) FAR 52.216-19 a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500,000 copies, 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 500,000 copies. (2) Any order for a combination of items in excess of 12 million copies. (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 [ ]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. 14. Ownership of Copier Title to equipment provided under this contract shall remain with the contractor. All accessories furnished by the contractor shall accompany this equipment when returned to the contractor. While the copiers are installed on the Government premises, the contractor shall assume all responsibility for loss or damages to copiers except for loss or damages caused by the negligence or willful act of the Government.If the damage and/or loss occurs to the equipment installed under resultant cost-per-copy copier service contract, and is caused by negligence or willful act of the Government, reimbursement to the contractor may be made as follows: The contractor shall submit a voucher or invoice, and a written damage or loss evaluation/claim to the program manager, (or his/her authorized representative). If the damaged equipment can be repaired, the contractor will invoice the Government at the contractor's current commercial price list rates for parts and labor; or at the contractor's current multiple award schedule contracts rates for parts and labor, whichever is less. If the equipment damage results in the total loss of the equipment, the reimbursement to the contractor will be at the current GSA Multiple Award Schedule (36 IV) contract purchase price less depreciation, equal to 1/60 of the purchase price times the number of months the machine has been used in this GPC contract. If the contractor does not have a current GSA Multiple Award Schedule (36 IV) contract, reimbursement will be at the existing commercial purchase price less depreciation equal to 1/60 of the purchase price times the number of months the machine has been used in resultant cost-per copy contract. The submitted invoice or voucher may be converted to a claim under the Contract Disputes Act of 1978, by complying with the submission and certification requirements of FAR Clause 52.233-1, Disputes (4/84), if it is disputed by the Government, either as to liability or amount, or is not acted upon in a reasonable time. 15. Hold Harmless and Indemnification Agreement The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent or representative of the Contractor or Subcontractor. 16. Continuity of Services (Jan 1991) - FAR 52.237-3 a. The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a succession, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. b. The Contractor shall, upon the Contracting Officer's written notice, (1)furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. c.The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. d.The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. 17.Service of Protest (SEP 2006)-FAR 52.233-2 a. Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Director of Administration U.S. Railroad Retirement Board 844 N. Rush St. Chicago, IL 60611 b. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO 18. Type of Contract - 52.216-1 The Government anticipates award of a firm fixed-price indefinite quantity/ indefinite delivery contract resulting from this solicitation. 19. CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)FAR 52.209-5 (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. 20. Information Regarding Responsibility Matters (Jan 2011) FAR 52.209-7 (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). 21. UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) FAR 52.209-9 (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2): (2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011. 22. Billing Contractor shall submit detailed invoices with quantities for work completed and pricing as designated in Section II.B and indicating actions, dates and deliverables completed. 23. Conflicts of interest The offeror agrees not to have any direct or indirect financial or familiar interest, or engage in any activity, which conflicts substantially, or appears to conflict substantially, with the offeror's duties under this contract. The offeror further agrees that the RRB shall have the exclusive right to determine whether such a conflict of interest exists, and whether it is substantial. Failure of the offeror to adhere to this provision will, at the discretion of the RRB, result in the immediate termination of the contract without any further liability of the RRB. 24.Post-award meeting In order to codify the implementation and procedural issues attendant upon contract performance, a post-award meeting will be held at the RRB headquarters facility in Chicago, IL or via a conference call no later than ten calendar days after contract award. The Contractor must attend this conference and be prepared to discuss the requirements of the contract. The Contractor will be responsible for all costs related to attending this meeting. 25. EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) FAR 52.222-54 (a) Definitions. As used in this clause-- "Commercially available off-the-shelf (COTS) item" -- (1) Means any item of supply that is -- (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), ""bulk cargo'' means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. "Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee-- (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. "Subcontract" means any contract,as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contractor a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. "United States," as defined in 8 U.S.C. 1101(a) (38), means the 50 States,the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-- (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-- (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of-- (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-- (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that-- (1) Is for-- (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. E. Security and Privacy Provisions and Clauses 1. Security Information: The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and VLAN/WAN servers. Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and remote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by reference. No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the contractor staff in any transferable media, be that paper or electronic. With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those analog lines and data links installed and approved by the RRB will be allowed. All CDs and diskettes used by the Contractor in the course of this project will be retained by the RRB at the end of the work. 2. PRIVACY ACT NOTIFICATION (APR 1984) FAR 52.224-1 The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 3. PRIVACY ACT (APR 1984) FAR 52.224-2 (a) The Contractor agrees to - (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies - (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this subparagraph (c), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b)In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 4. PRIVACY OR SECURITY SAFEGUARDS FAR 52.239-1 (AUG 1996) (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. (d) Each agency has its own rules regarding privacy and security of data. The RRB's rules are summarized in the following publications: (1) Privacy Act Information http://www.rrb.gov/bis/privacy_act/introduction.asp http://www.rrb.gov/bis/privacy_act/overview.asp http://www.rrb.gov/bis/privacy_act/information_rrb_maintains.asp (2) RRB's Privacy System of Records http://www.rrb.gov/bis/privacy_act/sornlist.asp (3) Internal Revenue Service's (IRS) Publication 1075, Tax Information and Security Guidelines for Federal, State and Local Agencies http://www.irs.gov/pub/irs-pdf/p1075.pdf (e) Anticipated threats and hazards that the contractor must guard against: (1)Data stored on equipment following the completion of the project. (2)Data removal process not including eradication methods. (3)Contractor employees not fully versed in responsibilities with respect to Privacy and Security. (4)Contractor accessing RRB data from unauthorized sites. f) Safeguards that the contractor must specifically provide include: A contractor having access to RRB data should have in place preventive measures to assure that: (1) Accessed data is not retained in contractor files or on contractor's equipment. (2) Data temporarily housed on contractor's equipment must be eradicated, the space not just marked for reuse. (3) All contractor staff members are made aware of their responsibilities with respect to Privacy and Security. (4) Contractor access to RRB data is limited to RRB approved sites. 5.PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) FAR 52.204-9 (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (See Attachment) (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. 6.Additional Security Requirements Contractors shall indicate and list in their proposals the proposed staff for these services that have previously completed through other Federal Government Agencies the procedures required to meet the Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. F. SERVICE CONTRACT ACT CLAUSES 1.WAGE DETERMINATION Offerors are advised that the various classes of service employees who will be employed in the performance of the contract awarded under this Request for Quote must be paid the minimum monetary wage and shall be furnished fringe benefits shown on the attached Wage Determination No. 2005-2167(R10) (See Attachment 9). This determination was issued under the provisions of the McNamara-O'Hara Service Contract Act (79 Stat. 1034), and in accordance with Part 4.3 of 29 CFR Part 4. 2.STATEMENT OF EQUIVALENT RATES OF FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Monetary Wage FringeBenefit Class Occupational Title GS-7 Duplication Operator $20.37 $5.09 GS-9 Desktop Publisher $24.91 $6.23 3. Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Sept 2009) FAR 52.222-43 (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements. (b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. (d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of: (1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour; 2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law. (e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (4) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit. (f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date. (g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract. V. INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUNE 2008) FAR 52.212-1 (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show - (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and - (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to - GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database). The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. A. Proposal Format and Additional Proposal Submission Instructions The proposal shall be submitted in two parts-a "business proposal" and a "technical proposal." Each of the parts shall be separate and complete in itself so that evaluation of one may be conducted independently of, and concurrently with, evaluation of the other. Proposals must be received by the RRB by the due date of March 31, 2011 at 2:00PM CST. Hard copies of the proposals should be sent to the attention of Ms. Elizabeth Kelly at the RRB address listed on the SF 1449 document. Electronic copies of proposals, in addition to hard copies, may be sent by the due date to proposals@rrb.gov. Offerors may submit questions regarding the solicitation document to elizabeth.kelly@rrb.gov by March 16, 2011 at 11:00AM CST. B. Business Proposal Offerors shall submit a Business proposal consisting of the following: 1.The Offeror shall submit two (2) signed copies of Standard Form (SF) 1449 with Blocks 12, 17a. and b., and 30a., b., and c. completed. 2. The offeror shall complete Section II - The Price Schedule with prices for all CLINS 3.Contractor's Business information outlined in Section II.C. 4.One (1) hard copy of the Contractor's Representations and Certifications (See II.D) from site www.orca.gov 5.Other information the contractor determines appropriate and relevant to the evaluation team. C.Technical Proposal The offeror shall provide their technical proposal with sections separated as described below. The technical proposal shall include a description of the services being offered in sufficient detail to evaluate compliance with the mandatory requirements and the evaluated technical factors of the solicitation. The offeror shall fully and clearly address each mandatory and evaluated technical factor so that the RRB's technical evaluation panel can identify and comprehend the capability and resources the offeror intends to bring to this procurement. The technical proposal shall provide complete and detailed information to substantiate the offeror's ability to satisfy the mandatory requirements in Section III. All mandatory requirements shall be met for an offeror to be considered responsive. Complete and detailed technical information shall also be provided to facilitate scoring of the following evaluated technical factors: 1.Equipment Offered Consideration will be given to the equipment offered. All offered equipment must meet the RRB's minimum requirements to receive full scoring. 2.Maintenance Plan Consideration will be given to offers that exceed the solicitation's minimum requirements in the following regards: •Less than 2 hour response time for remedial maintenance service; •Sufficient replacement parts such as loops, developer, fuser oil, etc. kept on-site; •Provide telephone numbers for service and technicians. 3.Equipment Implementation Plan Consideration will be given to the offeror's implementation plan which demonstrates the following: •A clear and concise plan which minimizes disruption of cost-per-copy services to the agency; •Provision of start-up and ongoing supplies; and •Training of designated key operators. 4.Past Performance Past performance on similar contracts which demonstrate the offeror's capability to meet the agency requirements including; a.Quality of service, which includes the contractor's compliance with contract requirements; b.Timeliness of performance, which includes the contractor's reliability as well as the ability to meet contractually established deadlines; c.Customer satisfaction, which includes satisfaction of end users with the contractor's service; d.Business relations, which includes the contractor's ability to cooperate with the client in addition to the ability to respond to inquiries in an effective manner; e.Assessment of the offeror's past performance will be one means of evaluating the credibility of the offeror's proposal and relative capability to meet performance requirements. •Information utilized will be obtained from the reference listed in the proposal, other customers know to the Government, consumer protection organizations, and others who may have useful and relevant information. Information will also be considered regarding any significant subcontractors, and key personnel records. •Evaluation of past performance will often be quite subjective based on consideration of all relevant facts and circumstances. It will include determination of the offerors commitment to customer satisfaction and will include conclusions of informed judgment. However, the basis for conclusions of judgment will be documented. •Award may be made from the initial offers, without discussions. However, if discussions are held, offerors will be given an opportunity to address unfavorable reports of past performance, if the offeror has not had a previous opportunity to review the rating. Recent contracts will be examined to ensure that corrective measures have been implemented. Prompt corrective action in isolated instances may not outweigh overall negative trends. •If an offeror does not have a past performance history relating to the solicitation, the offeror will not be evaluated favorably or unfavorably on this factor. 5.Uptime Efficiency Consideration will be given to an offered efficiency level that exceeds the minimum solicitation requirement of 95%. 6.Staff Coverage Consideration will be given an offeror who describes their plans for staff coverage addressing sick absence, call/show, vacations, and leave of absences. VI. EVALUATION AND AWARD The RRB will evaluate proposals in accordance with the following FAR Clause and as specified below: A. EVALUATION-COMMERCIAL ITEMS (JAN 1999) FAR 52.212-2 (1) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: a. Business Proposal 1. The total evaluated price for each offeror shall be the total firm-fixed price offered for all services (CLINS 001-010) listed in Section II.B. 2. Calculation of the "price score" (100 possible points) shall be computed by multiplying the maximum point score available by a fraction representing the ratio of the lowest total evaluated price of all technically acceptable offers received by the Board to the total evaluated price of the offer being evaluated. b. Technical Proposal 1. Calculation of the "technical score" will be accomplished by adding all points earned through objective evaluation of each proposal. 2. The technical factors are listed below in descending order of importance: a. Equipment Offered (see section V.C.1) b. Maintenance Plan (see section V.C.2) c. Equipment Implementation Plan (see Section V.C.3) d. Past Performance (See section V.C.4) e. Uptime Efficiency (See section V.C.5) f. Staff Coverage (See section V.C.6) c. Evaluation Formula The following formula will be used as a guide by the RRB in determining which offer is most advantageous to the RRB. Total Proposal Score = (Technical Score) + (Price Score) For purposes of this evaluation, the relative weighting of technical factors to price factors shall be 2:1. (2) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (3) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. B. Evaluation of Options (July 1990)-Far 52.217-5 Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). C. General 1. To be considered responsive to this requirement, the offeror must comply with the format and content specified. Offerors whose proposals are deemed deficient in this regard may be permitted, at the RRB's discretion, to remedy the deficiency by submitting additional clarifying or supplemental information. 3. Proposals will be first reviewed for content conformance to proposal preparation instructions. Proposals which are so deficient in these areas as to not warrant further consideration will be rejected and the offeror will be so notified. 4.Responsive proposals will be evaluated to determine the relative technical merit of each response. Accordingly, the objective of this technical evaluation is to measure the extent to which proposals meet the requirements as stated in the Statement of Work. 5. The Government will evaluate the proposals received and award a contract, subject to the availability of funds, to the responsible offeror whose offer conforming to the solicitation is the Best Value to the Government, price and other factors (including project plan, timeline and documentation) considered. VII. ATTACHMENTS A. Attachment 1: Joint Committee on Printing Circular No. JCP 0-65 B. Attachment 2: U.S. Railroad Retirement Board Information Technology Overview C. Attachment 3: Printer Workflow D. Attachment 4: Existing Forms and Environments E. Attachment 5: Printing Service Log F. Attachment 6: Print System Complaint Log G. Attachment 7: Section 508 of the Rehabilitation Act- EIT Accessibility Certification H. Attachment 8: Notification of Personal Identity Verification Requirements I. Attachment 9: Service Contract Act (SCA) Wage Determination No. 05-2167 (Rev 10)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/RRB/BSS/PD/RRB11R003/listing.html)
 

Place of Performance

Address: 844 N. Rush St., Chicago, Illinois, 60611, United States

Zip Code: 60611
 

Record

SN02398591-W 20110313/110311234037-d769c48f40bbc00591eb53b8da844bd4 (fbodaily.com)
 

Source

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