Interim Internal Purchasing Guidelines > Appendix A Solicitations > A.3 Solicitation Provisions

A.3 Solicitation Provisions

Provision A-1 Restriction on Disclosure and Use of Data
(May 2005) (4.2.2)

Offerors that include in their proposals data they do not want used or disclosed by the Postal Service for any purpose other than proposal evaluation may take the following steps:

a. "This proposal includes data that may not be duplicated, used, or disclosed outside the Postal Service - in whole or in part - for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of - or in connection with - the submission of such data, the Postal Service will have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Postal Service's right to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (Offeror insert numbers or other identification of sheets)."

b. Mark each sheet of data they wish to restrict with the following legend:

"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."

Provision A-2 Solicitation for Information or Planning Purposes
(May 2005) (4.2.2)

a. The Postal Service does not intend to award a contract on the basis of this solicitation or to pay for the information solicited.

b. This solicitation is issued for the purpose of: (Contracting officer state purpose of solicitation).

Provision 1-1 Supplier Clearance Requirements (May 2005) (1.6.11)

The contract resulting from this solicitation will require the contractor or its employees (including subcontractors and their employees) to have access to occupied postal facilities, and/or to postal information and resources, including postal computer systems. Clearance in accordance with Administrative Support Manual 272.3 will be required before that access will be permitted. It is the contractor's obligation to obtain and supply to the Postal Service the forms and information required by that regulation.

Offerors must familiarize themselves with the requirements of that section, taking into account in their offices the time and paperwork associated with the screening.

Provision 1-2 Domestic Source Certificate - Supplies
(May 2005) (1.6.13)

The offeror certifies that each end product, except those listed below, is a domestic-source end product (as defined in the Preference for Domestic Supplies clause) and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States. Excluded end products (Offeror show country of origin for each excluded end product):

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Provision 1-3 Domestic Source Certificate - Construction Materials
(May 2005) (1.6.13)

The offeror certifies that only domestic construction materials (as defined in the Preference for Domestic Construction Materials clause) will be used in the performance of this contract, except for foreign construction materials listed below:

Provision 1-4 Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (May 2005) (1.6.14)

The offeror represents that former Postal Service officers or Postal Career Executive Service (PCES) executives will not be employed as key personnel, experts or consultants in the performance of the contract if such individuals, within 5 years of their retirement from the Postal Service, will be performing substantially the same duties as they performed during their career with the Postal Service. In addition, no contract resulting from this solicitation may be awarded to such individuals or entities in which they have a substantial interest, for 5 years after their retirement from the Postal Service, if the work called for in the solicitation requires such individuals to perform substantially the same duties as they performed during their career with the Postal Service.

Provision 1-5 Proposed Use of Former Postal Service Employees
(May 2005) (1.6.14)

In its proposal, the supplier must identify any former Postal Service employee it proposes to engage in the performance, directly or indirectly, in the performance of the contract. The Postal Service reserves the right to require the supplier to replace the proposed individual with an equally qualified individual.

Provision 2-1 Warranty Information (May 2005) (2.2.4)

Offerors are encouraged to submit information on any standard commercial warranties provided for offered products. The Postal Service will consider these warranties in determining the most advantageous proposal, to the extent provided in the evaluation factors.

Provision 2-2 Time of Delivery (May 2005) (2.2.5)

a. The Postal Service requires delivery to be made according to the delivery schedule specified in Section C of the contract Schedule. The Postal Service will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered unacceptable and rejected. When an offeror offers an earlier delivery schedule than required, the Postal Service reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

(ALTERNATE (a)(1) - DESIRED DELIVERY)

a. The Postal Service desires delivery according to the desired delivery schedule specified in Section C of the contract Schedule. If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose an alternative delivery schedule. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Postal Service's required delivery schedule specified in Section C of the Schedule. Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable specified required delivery period will be considered unacceptable and if the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

(End of Alternate (a)(1))

b. The Contract Award provision of the solicitation provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Postal Service will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

(ALTERNATE (b)(1) - AWARD BASED ON CALENDAR DATES AFTER ASSUMED DATE OF AWARD)

b. The delivery dates or specific periods contained in Section C are based on the assumption that the Postal Service will make award by the date of award specified in Section C of the contract Schedule. Each delivery date in the delivery schedule will be extended by the number of calendar days after the above date that the contract is in fact awarded.

(End of Alternate (b)(1))

(ALTERNATE (b)(2) - AWARD BASED ON CALENDAR DATES AFTER ASSUMED DATE OF RECEIPT OF NOTICE OF AWARD)

b. The delivery dates or specific periods contained in Section C are based on the assumption that the supplier will receive notice of award by the date specified in Section C of the contract Schedule. Each delivery date in the delivery schedule will be extended by the number of calendar days after the above date that the supplier receives notice of award, provided that the supplier promptly acknowledges receipt of notice of award.

(End of Alternate (b)(2))

Provision 2-3 Evaluation of Options (May 2005) (2.2.8)

a. Unless it is determined in accordance with 2.2.8 of the Interim Internal Purchasing Guidelines that evaluation of options is not in the best interest of the Postal Service, option prices will be included in the evaluation of offers for award purposes. Evaluation of options does not obligate the Postal Service to exercise the options.

b. If the Postal Service elects to exercise an option at the time of award, proposals will be evaluated on the basis of total price for the basic quantity and for the option quantity to be exercised with the award. In all other cases, proposals will be evaluated by adding the total price for all option quantities to the total price for the basic quantity.

c. Any proposal that is materially unbalanced as to prices for basic and option quantities may be disregarded as unacceptable. An unbalanced proposal is one that is based on prices significantly less than cost for some work and prices that are significantly overstated for other work.

Provision 2-4 Evaluation Exclusive of Options (May 2005) (2.2.8)

The Postal Service will evaluate offers for award purposes by including the price for the basic requirement, i.e., options will not be included in the evaluation of award purposes.

Provision 2-5 Evaluation Exclusive of Unpriced Options
(May 2005) (2.2.8)

The Postal Service will evaluate the unpriced option at the time the option is exercised.

Provision 2-6 Credit Card Order Acceptance Requirement
(May 2005) (2.4.6)

The Postal Service intends to place credit card orders, using an authorized Postal Service credit card, under the ordering agreement or contract resulting from this solicitation. Any supplier entering into an ordering agreement or awarded a contract as a result of this solicitation must have the capability to accept orders made with such a credit card.

Provision 2-7 Brand Name or Equal (May 2005) (2.3.1)

a. One or more items called for by this solicitation have been identified in the Schedule by a brand-name-or-equal product description. Proposals offering equal products will be considered for award if these products are clearly identified and are determined by the Postal Service to contain all of the essential characteristics of the brand-name products referenced in the solicitation.

b. Unless the offeror clearly indicates in the proposal that the proposal is for an equal product, the proposal will be considered as offering a brand-name product referenced in the solicitation.

c. If the offeror proposes to furnish an equal product, the brand name and model or catalog number, if any, of the product to be furnished must be inserted in the space provided in the solicitation. The evaluation of proposals and the determination as to equality of the product offered will be based on information furnished by the offeror or identified in the proposal, as well as other information reasonably available to the purchasing activity. The purchasing activity is not responsible for locating or obtaining any information not identified in the proposal and reasonably available to the purchasing activity. Accordingly, to ensure that sufficient information is available, the offeror must furnish as a part of the proposal:

(1) All descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to establish exactly what the offeror proposes to furnish and to determine whether the product offered meets the requirements of the solicitation; or

(2) Specific references to information previously furnished or to information otherwise available to the purchasing activity to permit a determination as to equality of the product offered.

d. If the offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offeror must:

(1) Include in the proposal a clear description of the proposed modifications; and

(2) Clearly mark any descriptive material to show the proposed modifications.

Provision 2-8 Investment Recovery (May 2005) (2.2.12)

With its proposal, the supplier must provide an investment recovery plan to reuse the equipment, or eliminate or reduce final disposal costs. Final disposition must be environmentally responsible, eliminate or reduce landfill, and comply with all federal, state and local laws and regulations. Proposals must address the complete life-cycle, including final disposition of the items being purchased. Disposition alternatives include take-back, repair, refurbishment, and disposal. The supplier is required to design and describe additional innovative, value-added, end-of-life disposition opportunities for the items being purchased.

Provision 2-9 Accounting System Guidelines - Cost Type Contracts (May 2005) (2.4.4)

Before awarding a contract resulting from this solicitation, the Postal Service's Inspector General or representative must review and approve the accounting system the prospective supplier will use for the contract. To be approved, the accounting system must address or contain each of the following elements:

a. Proper segregation of direct costs from indirect costs.

b. Identification and accumulation of direct costs by contract.

c. Logical and consistent method for the allocation of indirect costs.

d. Accumulation of costs under general ledger control.

e. A timekeeping system that identifies employees' labor by contract.

f. A labor distribution system that charges direct and indirect labor to the appropriate contract.

g. Interim (at least once a month) determination of costs charged to a contract through posting to books of account.

h. Exclusion from costs charged to Postal Service contract amounts that are not allowable pursuant to applicable regulations.

i. Identification of costs by contract line item and units (as if each unit or line item was a separate contract).

j. Segregation of preproduction costs from production costs.

k. Labor charging system.

l. Timekeeping policy and preparation.

Provision 3-1 Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (May 2005) (3.2.3)

All suppliers, except small businesses, or unless this purchase is being made under commercial purchasing procedures, must submit with their proposals the contract-specific subcontracting plan required by Clause 3-1, Small, Minority, and Woman-owned Business Subcontracting Requirements. Generally, this plan must be agreed to by both the supplier and the Postal Service before award of the contract.

Provision 4-1 Standard Solicitation Provisions
(May 2005) (4.2.2)

a. Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified on this solicitation. Offers may be submitted on PS Form 8203, Order/Solicitation/Offer/Award, letterhead stationary, or as otherwise specified in the solicitation. As a minimum offers must show:

(1) Solicitation number;

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

(3) 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;

(4) Terms of any expressed warranty;

(5) Price and any discount terms;

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

(7) A completed copy of the representations and certifications;

(8) Acknowledgment of Solicitation Amendments;

(9) 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, point of contact, with telephone numbers, and other relevant information); and

(10) If the offer is not submitted on PS Form 8203, include a statement specifying the extent of agreement with all terms and 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.

b. Business Disagreements. Business disagreements may be lodged with the Supplier Ombudsman if the supplier and the contracting officer have failed to resolve the disagreement as described in 39 CFR Section 601 (available for review at www.gpoaccess.gov/ecfr). The Supplier Ombudsman will consider the disagreement only if it is lodged in accordance with the time limits and procedures described in 30 CFR Section 601. The supplier Ombudsman's decisions are available for review at usps.com.

c. Product Samples. When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples must be submitted at no expense to the Postal Service and returned at the sender's request and expense, unless they are destroyed during preaward testing.

d. 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.

e. Late Offers. Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers will not be considered unless determined to be in the best interests of the Postal Service.

f. Type of Contract. The Postal Service plans to award a _______ contract (contracting officer insert type of contract; see 2.4 of the Postal Service's Interim Internal Purchasing Guidelines) under this solicitation, and all proposals must be submitted on this basis. Alternate proposals based on other contract types will __ will not __ be considered.

g. Contract Award. The Postal Service may 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. Discussions may be conducted if the Postal Service determines they are necessary. The Postal Service may reject any or all offers if such action is in the best interest of the Postal Service; accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

h. Multiple Awards. The Postal Service 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 Postal Service reserves the right to make an award on any items for quantity less than the quantities offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

i. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it in the Postal Service's Interim Internal Purchasing Guidelines, and its date. The text of incorporated terms may be found in Appendix A (for provisions), or Appendix B (for clauses) of the Interim Internal Purchasing Guidelines, accessible online at www.usps.com/business. If checked, the following provision is incorporated in this solicitation by reference:

(Contracting officer will check as appropriate.)
Provision 3-1, Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (May 2005) ___.

Provision 4-2 Evaluation (May 2005) (4.2.2)

a. General. The Postal Service will award a contract resulting from this solicitation to the offeror whose offer conforming to the solicitation is deemed to offer the Postal Service the best value, price and other factors as specified considered. The following performance evaluation factors will be used in the evaluation of offers:

_________________________________________________________

_________________________________________________________

(Contracting officer insert the proposal-specific and supplier-specific performance evaluation factors and indicate their relative importance. In addition, state, in accordance with 2.1.10 of the Interim Internal Purchasing Guidelines, the relative importance of the performance evaluation factors as compared to price.)

b. Options. The Postal Service will __ will not __ evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Postal Service may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options will not obligate the Postal Service to exercise the option(s).

c. Notice of Award. The Postal Service may accept an offer (or part of an offer), whether or not there are discussions after its receipt, before an offer's specified expiration time, unless a written notice of withdrawal is received before award. 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, will result in a binding contract without further action by either party.

Provision 4-3 Representations and Certifications (May 2005) (4.2.2)

a. Type of Business Organization. The offeror, by checking the applicable blocks, represents that it:

(1) Operates as:

_ a corporation incorporated under the laws of the state of

_____________________; or country of _____________________, if incorporated in a country other than the United States of America.

_ an individual;

_ a partnership;

_ a joint venture;

_ a limited liability company;

_ a nonprofit organization; or

_ an educational institution; and

(2) Is (check all that apply)

_ a small business concern;

_ a minority business (indicate minority below):

__ Black American

__ Hispanic American

__ Native American

__ Asian American:

_ a woman-owned business; or

_ none of the above entities.

(3) Small Business Concern. A small business concern for the purposes of Postal Service purchasing means a business, including an affiliate, that is independently owned and operated, is not dominant in producing or performing the supplies or services being purchased, and has no more than 500 employees, unless a different size standard has been established by the Small Business Administration (see 13 CFR 121, particularly for different size standards for airline, railroad, and construction companies). For subcontracts of $50,000 or less, a subcontractor having no more than 500 employees qualifies as a small business without regard to other factors.

(4) Minority Business. A minority business is a concern that is at least 51 percent owned by, and whose management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged minority group, namely U.S. citizens who are Black Americans, Hispanic Americans, Native Americans, or Asian Americans. (Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens whose origins are Japanese, Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian, Kampuchean (Cambodian), Taiwanese, in the U.S. Trust Territories of the Pacific Islands or in the Indian subcontinent.)

(5) Woman-owned Business. A woman-owned business is a concern at least 51 percent of which is owned by a woman (or women) who is a U.S. citizen, controls the firm by exercising the power to make policy decisions, and operates the business by being actively involved in day-to-day management.

(6) Educational or Other Nonprofit Organization. Any corporation, foundation, trust, or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private shareholder or individual.

b. Parent Company and Taxpayer Identification Number

(1) A parent company is one that owns or controls the basic business polices of an offeror. To own means to own more than 50 percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or otherwise.

(2) Enter the offeror's Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security number or other Employee Identification Number (EIN) used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941, or as required by Internal Revenue Service (IRS) regulations. Offeror's TIN: ____________________________

(3) Check this block if the offeror is owned or controlled by a parent company: _____

(4) If the block above is checked, provide the following information about the parent company:
Parent Company's Name:_______________________________
Parent Company's Main Office:___________________________
Address:_____________________________________________
No. and Street:________________________________________
City:________________ State:______ ZIP Code:_____________
Parent Company's TIN:__________________________________

(5) If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group:
Name of Common Parent: ______________________________
Common Parent's TIN: _________________________________

c. Certificate of Independent Price Determination

(1) By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own organization, that in connection with this solicitation:

(a) The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;

(b) Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or indirectly to any other offeror or to any competitor; and

(c) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

(2) Each person signing this proposal certifies that:

(a) He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or

(b) He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to paragraph a above.

(3) Modification or deletion of any provision in this certificate may result in the disregarding of the proposal as unacceptable. Any modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any disclosure or communication.

d. Certification of Nonsegregated Facilities

(1) By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

(2) As used in this certification, segregated facilities means any waiting rooms, work areas, rest rooms or wash rooms, restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

(3) The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause; that it will retain these certifications in its files; and that it will forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific time periods):

Notice: A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exempt from the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (quarterly, semiannually, or annually).

e. Certification Regarding Debarment, Proposed Debarment, and Other Matters

(This certification must be completed with respect to any offer with a value of $100,000 or more.)

(1) The offeror certifies, to the best of its knowledge and belief, that it or any of its principals:

(a) Are ___ are not ___ presently debarred or proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency;

(b) Have ____ have not ___, within the 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, or receiving stolen property;

(c) Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (b) above;

(d) Have ___ have not ___ within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in conjunction 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 or receiving stolen property; and

(e) Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (d) above.

(2) The offeror has ___ has not ___, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, state, or local agency.

(3) "Principals," for the purposes of this certification, means officers, directors, owners, partners, and other persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

(4) The offeror must 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.

(5) 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 as part of the evaluation of the offeror's capability (see 2.1.9.c.3 of the Interim Internal Purchasing Guidelines). The offeror's failure to furnish a certification or provide additional information requested by the contracting officer will affect the capability evaluation.

(6) Nothing contained in the foregoing may 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.

(7) 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.

(8) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Postal Service, the Contracting Officer may terminate the contract resulting from this solicitation for default.

f. Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, its provision or clause number assigned to it in the Postal Service's Interim Internal Purchasing Guidelines, and its date. The text of incorporated terms may be found in Appendix A (for provisions), or Appendix B (for clauses) of the Guidelines, accessible online at www.usps.com/business. If checked, the following provision(s) is incorporated in this solicitation by reference:
(Contracting officer will check as appropriate)

(1) Provision 1-2, Domestic Source Certificate - Supplies
(May 2005) ___

(2) Provision 1-3, Domestic Source Certificate - Construction Materials (May 2005) ___

(3) Provision 9-1, Equal Opportunity Affirmative Action Program
(May 2005) ___

(4) Provision 9-2, Preaward Equal Opportunity Compliance Review (May 2005) ___

(5) Provision 9-3, Notice of Requirements for Equal Opportunity Affirmative Action (May 2005)

Provision 4-4 Demonstrability (May 2005) (4.5.5)

a. At the sole discretion of the Postal Service and before award of the contract, the Postal Service, upon notification by the contracting officer, may request a test demonstration to validate the technical acceptability of the offeror's proposal. The intent of the Postal Service in any test demonstration is to conduct a test of any or all products proposed by the offeror no less than 40 calendar days after receipt of the offeror's proposal and within 7 working days after the contracting officer's written notification, at a mutually agreeable site approved by the Postal Service.

b. The demonstration serves the sole purpose of validating/confirming the offeror's proposal and will not result in any additional revisions to that proposal, nor be construed to be an opportunity to revise.

c. While the Postal Service intends to conduct the demonstration only with the responsible offeror selected for this purchasing, the Postal Service reserves the right to request test demonstrations from any or all offerors in the competitive range. The demonstration will be conducted on a pass/fail basis. If the demonstration does not validate the offeror's proposal on the initial observation, the offeror will be afforded a second opportunity to correct the test deficiencies. Within 10 calendar days after notification of the unsatisfactory results, the offeror must conduct the second demonstration. If the offeror elects to substitute a product in any second demonstration, this product must be offered to the Postal Service at the same price (or a lower price), and be certified as functionally equivalent. If the offeror fails the second demonstration, the offeror will be unacceptable for after completion of the demonstration whether it was satisfactory or unsatisfactory.

d. The Postal Service reserves the right to proceed with a demonstration by the next-ranked offeror if such demonstration has not already been accomplished. The same terms and conditions would apply to this offeror.

Provision 4-5 Functional Demonstration (May 2005) (4.5.5)

a. The Postal Service may request functional demonstrations of some or all products proposed by an offeror during the technical evaluation process when Postal Service questions about specific products or families of products could be resolved more effectively through direct contact with the offeror and the proposed product.

b. The Postal Service will provide the offeror with a list of products, software, or both, that will be required for the demonstration. The purpose of this request is to obtain operational information, and the requirements may be satisfied by visiting an operational site and/or development center. Such functional demonstrations may be held at a site selected by the offeror, subject to approval of the contracting officer. The Postal Service will request that the demonstration be held not less than 5, but no more than 10 working days following the date of the request.

c. The offeror will not earn technical points as a result of the functional demonstration.

Provision 4-6 System Integrity (May 2005) (4.5.5)

To ensure the integrity of the Postal Service's computer operating systems, third-party software vendors must provide either a statement certifying that their product, when properly installed, will not compromise or otherwise degrade the integrity of the operating system; or provide the software source code.

Provision 4-7 Postal Computing Environment (May 2005) (4.5.5)

a. The Postal Service is committed to building core information technology (IT) structure that can be shared and has sufficient robustness to accommodate new applications and future enhancements. Therefore, all IT infrastructure components provided and applications developed as a result of solicitation must be compliant with the specifications contained in U.S. Postal Service Handbook AS-820, Postal Computing Environment, and the Infrastructure Tool Kit (ITK). Copies of Handbook AS-820 and the ITK can be obtained from the contracting officer.

b. Although the Postal Service discourages nonstandard or hybrid technical solutions, it recognizes that there may be occasions when such information technology or applications are necessary and prudent to fulfill certain business needs. Therefore, the offeror must notify the contracting officer in writing if:

(1) The business requirements cannot be met as defined within Handbook AS-820; or

(2) Handbook AS-820 and the ITK do not specify tools needed to meet the instant business requirements.

Provision 4-8 Pre-Proposal Conference (May 2005) (4.2.2)

a. The Postal Service is planning a pre-proposal conference during which potential offerors may obtain a better understanding of the work required.

b. Offerors are strongly urged to visit the site prior to the conference to inform themselves fully about the location and conditions under which the work is to be performed.

c. Offerors are encouraged to submit all questions in writing at least 5 days before the conference. Questions will be considered at any time prior to or during the conference. Subsequent to the conference, the Postal Service will distribute to all conference participants and all other prospective offerors a record of the conference containing an abstract of the questions and answers, and a list of attendees. If warranted, an amendment will be issued to reflect changes to the solicitation.

d. Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference or in the post-conference abstract, all terms and conditions of the solicitation remain unchanged unless changed by amendment.

Provision 4-9 Preparation of Proposals (Construction)
(May 2005) (4.3.3)

a. Offerors are expected to examine the drawings, specifications, and all provisions and instructions. Failure to do so will be at the offeror's risk.

b. Each offeror must furnish the information required by the solicitation. The offeror must sign the proposal and print or type its name on the proposal and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the proposal.

c. Time, if stated as a number of days, will include Saturdays, Sundays, and federal holidays.

Provision 7-1 Performance Bond Requirements (May 2005) (7.1.3)

a. Any offeror selected for award of a contract as a result of this solicitation will be required to submit a performance bond in a penal amount equal to 100 percent of the contract price, within the time specified by the contracting officer.

b. The bond must be executed on the Postal Service forms attached to this solicitation, and sureties must be acceptable to the Postal Service. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list.

c. Contract award will not be made until both an executed performance and payment bonds (see Provision 7-3) are received by the contracting officer.

Provision 7-2 Payment Bond Requirements (May 2005) (7.1.3)

a. Any offeror selected for award of a contract as a result of this solicitation will be required to submit a payment bond in the penal amount set forth in the Schedule, within the time required by the contracting officer.

b. The bond must be executed on the Postal Service forms attached to this solicitation, and sureties must be acceptable to the Postal Service. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list.

c. Contract award will not be made until both an executed payment and performance bonds (see Provision 7-1) are received by the contracting officer.

Provision 7-3 Fidelity Bond Requirements (May 2005) (7.1.5)

Any offeror awarded a contract as a result of this solicitation will be required to submit a fidelity bond in the penal amount set forth in the Schedule, in a form acceptable to and within the time specified by the contracting officer. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list. Failure to submit an acceptable bond may be cause for termination of the contract for default.

Provision 7-4 Deposit of Assets Requirements (May 2005) (7.1.9)

a. Except for payment bonds required for construction contracts, any offeror required to submit a surety bond as a result of this solicitation may instead deposit assets in a form acceptable to the Postal Service in an amount set forth in the Schedule.

b. When assets are deposited, the offeror must execute the Postal Service bond form made a part of this solicitation. Failure to deposit assets acceptable to the Postal Service may be cause for termination of the contract for default.

Provision 7-5 Alternative Payment Protections (May 2005) (7.1.2)

a. (The supplier shall submit one of the following payment protections:)
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

b. The penal sum of the payment protection shall be in the amount of $_______________.

c. The submission of the payment protection is required by _________________________ .

d. The payment protection shall provide protection for the full contract performance period plus 1-year period.

e. Except for escrow agreements and payment bonds, which provide their own protection procedures, the contracting officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative judicial proceedings or mutual agreement of the parties.

f. When a tripartite escrow agreement is used, the supplier shall utilize only suppliers of labor and material who signed the escrow agreement.

Provision 8-1 Alternate Intellectual Property Rights Proposals
(May 2005) (8.2.2)

a. The Postal Service intends to award a contract that may provide for Postal Service acquisition of one or more of the following:

(1) Title to any patents resulting from contract performance.

(2) Unlimited rights in certain data (technical data and computer software) delivered to the Postal Service during contract performance.

(3) Use and disclosure rights in data that may be copyrighted or may embody trade secrets or confidential commercial or financial information.

b. Offeror may propose alternate intellectual property rights arrangements (including licensing arrangements for commercial exploitation of intellectual property developed under the contract); provided (i) the arrangements apply only to intellectual property developed solely at supplier private expense and not first produced in performance of this requirement, (ii) such arrangements are necessary to protect the offeror's trade secrets and commercial market competitiveness, and (iii) the Postal Service, including its support service suppliers and their subcontractors, subject to the same disclosure restrictions as the Postal Service, will have the right to utilize such intellectual property for its internal purposes. The following must be included in any alternate proposal.

(1) Suggested allocation of rights between the parties.

(2) Description of benefits (including royalties to the Postal Service) to each party if the alternate is selected.

(3) Costs to each party if alternate is selected (including royalties not collected by the Postal Service).

(4) Supporting documentation for calculating benefits and costs.

(5) A statement indicating willingness to accept the standard clauses (Patent Rights, Rights in Technical Data, and Rights in Computer Software) if the alternate is rejected.

c. The contracting officer will consider alternate intellectual property rights proposals in determining which offeror's proposal is most favorable to the Postal Service, in accordance with the solicitation's evaluation and award section.

Provision 8-2 Representation of Rights in Data (May 2005) (8.3.4)

a. By completion of the representation below, the offeror must identify in its proposal the data (including subcontractor-furnished data) it intends to identify as "limited rights data" or "restricted computer software," or that it does not intend to provide as required. Any identification of limited rights data or restricted rights computer software is not determinative of the status of such data, should a contract be awarded to the offeror.

Representation Concerning Data Rights

Offeror has reviewed the requirements for the delivery of technical data or computer software and states (Offeror check appropriate block):

None of the data proposed for fulfilling the requirements qualifies as limited rights data or restricted computer software.

Data proposed for fulfilling the requirements qualify as limited rights data or restricted computer software and are identified as follows:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

b. "Limited rights data" and "restricted computer software" are defined in the contract clauses entitled Rights in Technical Data and Rights in Computer Software.

Provision 8-3 Use of Limited Rights Data for Purchase of Repair Parts
(May 2005) (8.3.2)

The Postal Service has determined that it may use competitive procedures to procure repair parts and assemblies for the equipment or supply items being developed or manufactured under this contract. The Rights in Technical Data clause in this solicitation has therefore been modified to provide that limited rights data furnished under any contract resulting from this solicitation may be used for the purpose of competitive purchasing.

Provision 8-4 Royalty Report (May 2005) (8.3.9)

Offerors must include in their proposals a report of any patent royalties or license fees that they expect to pay in connection with performance of any contract resulting from this solicitation. The report must include the following:

a. Identification of patent, license agreement, and so forth.

b. Reason for payment of royalty or license fee.

c. Payee and amount payable.

d. Rights obtained.

Provision 9-1 Equal Opportunity Affirmative Action Program
(May 2005) (9.7.9)

The offeror, by checking the applicable block or blocks, represents that it (1) __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) and __ has, __ has not filed the required reports with the Joint Reporting Committee, or (2) __ has not previously had contracts subject to the written affirmative action program requirement of the rules and regulations of the Secretary of Labor.

Provision 9-2 Preaward Equal Opportunity Compliance Review
(May 2005) (9.7.9)

If the contract award will be $10 million or more, the prospective supplier and its known first-tier subcontractors with subcontracts of $10 million or more will be subject to a preaward compliance review. In order to qualify for award, the prospective supplier and first-tier subcontractors must be found in compliance pursuant to 41 CFR 60-1.20.

Provision 9-3 Notice of Requirements for Equal Opportunity Affirmative
Action (May 2005) (9.7.9)

a. The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause.

b. The goals for minority and female participation, expressed in percentage terms for the supplier's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
_________________________________________________________

(Contracting officer insert goals.)

Goals for female participation for each trade
_________________________________________________________

(Contracting officer insert goals.)

c. These goals apply to all the supplier's construction work performed in the covered area. If the supplier performs construction work in a geographical area located outside the covered area, the supplier must apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from the Office of Federal Contract Compliance Programs (OFCCP).

d. The supplier's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 must be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the Affirmative Action Compliance Requirements for Construction clause, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The supplier must make a good-faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from supplier to supplier, or from project to project, for the sole purpose of meeting the supplier's goals will be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

e. The supplier must provide written notification to the Director, OFCCP, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification must list the:

(1) Name, address, telephone number, and employer's identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

(4) Geographical area in which the subcontract is to be performed.

f. As used in this notice, and in any contract resulting from this solicitation, the covered area is (Contracting officer insert description of the geographical area where the contract is to be performed, giving the state, county, and city).