ipm - interim internal purchasing guidelines - appendix a - … · 2011. 7. 29. · solicitations...

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253May 19, 2005Updated With Postal Bulletin Revisions Through January 19, 2006

Appendix A

Solicitations

A.1 General

A.1.1 IntroductionThis appendix discusses Postal Service solicitations and contains the text ofprovisions discussed in Chapters 1 through 9 of the Postal Service’s InterimInternal Purchasing Guidelines.

A.1.2 UsePostal Service solicitations are intended (1) to inform suppliers fully of thePostal Service’s needs for the particular purchase, (2) to explain howproposals will be evaluated, and (3) to identify the particular aspects of valuedeemed important to the success of the purchase.

A.1.3 Numbering of ProvisionsSolicitation provisions are numbered by the chapter in the Interim InternalPurchasing Guidelines in which their use is discussed. Thus, Provision 7-1,Performance Bond Requirements, is prescribed in Chapter 7. Someprovisions are not discussed in Chapters 1 through 9, but may be used insolicitations as deemed necessary by the purchase team. These provisionsare identified by an A prefix (for example, Provision A-1, Restrictions onDisclosure and Use of Data). Part A.3, Solicitation Provisions, contains thetext of the provisions, and in parentheses to the right of the provision title is areference to the chapter, section, and part where the provision is prescribed.When considering the inclusion of provisions in a solicitation, purchase teamsshould consult the referenced text in the Interim Internal PurchasingGuidelines.

A.2 Interim Internal Purchasing Guidelines

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254 May 19, 2005Updated With Postal Bulletin Revisions Through January 19, 2006

A.2 Preparation

A.2.1 Solicitation Contentsa. General. As stated in 4.1, Postal Service purchasing employs a single,

commercial process based on the proven business practices of theprivate sector, matched to its responsibilities as a public institution.Therefore, Postal Service solicitations (as well as Postal Servicecontracts, see 4.2.7 and Appendix B), generally mirror the solicitationprovisions commonly used in the private sector, to which are added theprovisions required by policy, statute, or Executive Order. Provisions4-1, Standard Solicitation Provisions, 4-2, Evaluation, and 4-3,Representations and Certifications, contain the basic elements of asolicitation. With the exception of Provision 4-3, purchase teams areencouraged to modify, add to, or supplement the thrust of these basicprovisions, as they feel necessary to ensure the success of thepurchase. Additionally, as discussed in Chapters 1 through 9 of theInterim Internal Purchasing Guidelines, certain types of solicitations andpurchases may mandate the inclusion of additional provisions (see thediscussion of the provisions at the section of the Guidelines referencedin Part A.3). When modifying, adding to, or supplementing any of theprovisions included in this Appendix A, purchase teams must consultassigned counsel, unless a provision contained in these Guidelinesaddressing the same subject is used to replace one of the paragraphsin Provisions 4-1 and 4-2.

b. Provision 4-1, Standard Solicitation Provisions. Provision 4-1 provides asingle set of supplier instructions when soliciting offers or proposals.This provision requires the submission of past performance andcapability information (see 2.1.9.c) and, if Form 8203,Order/Solicitation/Offer/Award, is not included with the solicitation, astatement from the supplier specifying its agreement with all terms,conditions and provisions in the solicitation.

c. Provision 4-2, Evaluation. Provision 4-2 provides the purchase team theopportunity to alert the supplier community to the relative importance itplaces on the evaluation factors (see 2.1.10). Purchase teams mustcarefully consider the wording of this provision, and adapt it asnecessary to the success of the purchase. In certain cases, price maybe the deciding factor. See 2.1.10.

d. Provision 4-3, Representations and Certifications. This provisionprovides a consolidated list of the certifications and representationsrequired of all suppliers. Depending on the nature of the purchase,additional representations and certifications may be required whenchecked-off by the contracting officer.

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A.2.2 Additional ProvisionsDepending on the nature of the purchase, additional solicitation provisionsmay be needed for a particular solicitation. Contracting officers and purchaseteams should consult the discussion of such provisions at the reference citedwith the text of the provision in A.3, or develop customized provisionsnecessary to the success of the purchase.

A.3 Solicitation ProvisionsNo. Title PageA-1 Restriction on Disclosure and Use of Data 4A-2 Solicitation for Information or Planning Purposes 41-1 Supplier Clearance Requirements 41-2 Domestic Source Certificate — Supplies 51-3 Domestic Source Certificate — Construction Materials 51-4 Prohibition Against Contracting with Former Postal Service Officers or PCES Executives 51-5 Proposed Use of Former Postal Service Employees 62-1 Warranty Information 62-2 Time of Delivery 62-3 Evaluation of Options 72-4 Evaluation Exclusive of Options 82-5 Evaluation Exclusive of Unpriced Options 82-6 Credit Card Order Acceptance Requirement 82-7 Brand Name or Equal 82-8 Investment Recovery 92-9 Accounting System Guidelines — Cost Type Contracts 93-1 Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements 104-1 Standard Solicitation Provisions 104-2 Evaluation 124-3 Representations and Certifications 124-4 Demonstrability 184-5 Functional Demonstration 184-6 System Integrity 194-7 Postal Computing Environment 194-8 Pre-Proposal Conference 194-9 Preparation of Proposals (Construction) 207-1 Performance Bond Requirements 207-2 Payment Bond Requirements 207-3 Fidelity Bond Requirements 217-4 Deposit of Assets Requirements 217-5 Alternative Payment Protections 218-1 Alternate Intellectual Property Rights Proposals 228-2 Representation of Rights in Data 228-3 Use of Limited Rights Data for Purchase of Repair Parts 238-4 Royalty Report 239-1 Equal Opportunity Affirmative Action Program 249-2 Preaward Equal Opportunity Compliance Review 249-3 Notice of Requirements for Equal Opportunity Affirmative Action 24


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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 ordisclosed by the Postal Service for any purpose other than proposalevaluation may take the following steps:

a. “This proposal includes data that may not be duplicated, used, ordisclosed outside the Postal Service — in whole or in part — for anypurpose other than to evaluate this proposal. If, however, a contract isawarded to this offeror as a result of — or in connection with — thesubmission of such data, the Postal Service will have the right toduplicate, use, or disclose the data to the extent provided in theresulting contract. This restriction does not limit the Postal Service’sright to use information contained in the data if it is obtained fromanother source without restriction. The data subject to this restrictionare contained in sheets (Offeror insert numbers or other identification ofsheets).”

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 restrictionon 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 ofthis solicitation or to pay for the information solicited.

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

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

The contract resulting from this solicitation will require the contractor or itsemployees (including subcontractors and their employees) to have access tooccupied postal facilities, and/or to postal information and resources,including postal computer systems. Clearance in accordance withAdministrative Support Manual 272.3 will be required before that access willbe permitted. It is the contractor’s obligation to obtain and supply to thePostal 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 thescreening.

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

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

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

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

Material Quality Estimated Cost

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

The offeror represents that former Postal Service officers or Postal CareerExecutive 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 performingsubstantially the same duties as they performed during their career with thePostal Service. In addition, no contract resulting from this solicitation may beawarded to such individuals or entities in which they have a substantialinterest, for 5 years after their retirement from the Postal Service, if the workcalled for in the solicitation requires such individuals to perform substantiallythe same duties as they performed during their career with the PostalService.


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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 employeeit proposes to engage in the performance, directly or indirectly, in theperformance of the contract. The Postal Service reserves the right to requirethe supplier to replace the proposed individual with an equally qualifiedindividual.

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

Offerors are encouraged to submit information on any standard commercialwarranties provided for offered products. The Postal Service will considerthese warranties in determining the most advantageous proposal, to theextent 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 thedelivery schedule specified in Section C of the contract Schedule. ThePostal Service will evaluate equally, as regards time of delivery, offersthat propose delivery of each quantity within the applicable deliveryperiod specified above. Offers that propose delivery that will not clearlyfall within the applicable required delivery period specified above will beconsidered unacceptable and rejected. When an offeror offers anearlier delivery schedule than required, the Postal Service reserves theright to award under either the required delivery schedule or theproposed delivery schedule. If the offeror proposes no other deliveryschedule, the required delivery schedule above will apply.

(ALTERNATE (a)(1) — DESIRED DELIVERY)

a. The Postal Service desires delivery according to the desired deliveryschedule specified in Section C of the contract Schedule. If the offeroris unable to meet the desired delivery schedule, it may, withoutprejudicing evaluation of its offer, propose an alternative deliveryschedule. However, the offeror’s proposed delivery schedule must notextend the delivery period beyond the time for delivery in the PostalService’s required delivery schedule specified in Section C of theSchedule. Offers that propose delivery of a quantity under such termsor conditions that delivery will not clearly fall within the applicablespecified required delivery period will be considered unacceptable andif the offeror proposes no other delivery schedule, the desired deliveryschedule above will apply.

(End of Alternate (a)(1))

b. The Contract Award provision of the solicitation provides that a writtenaward or acceptance of offer mailed or otherwise furnished to thesuccessful offeror results in a binding contract. The Postal Service willmail or otherwise furnish to the offeror an award or notice of award not

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later than the day award is dated. Therefore, the offeror shouldcompute the time available for performance beginning with the actualdate of award, rather than the date the written notice of award isreceived from the Contracting Officer through the ordinary mails.

(ALTERNATE (b)(1) — AWARD BASED ON CALENDAR DATES AFTERASSUMED DATE OF AWARD)

b. The delivery dates or specific periods contained in Section C are basedon the assumption that the Postal Service will make award by the dateof award specified in Section C of the contract Schedule. Each deliverydate in the delivery schedule will be extended by the number ofcalendar 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 AFTERASSUMED DATE OF RECEIPT OF NOTICE OF AWARD)

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

(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 InternalPurchasing Guidelines that evaluation of options is not in the bestinterest of the Postal Service, option prices will be included in theevaluation of offers for award purposes. Evaluation of options does notobligate 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 basicquantity and for the option quantity to be exercised with the award. Inall other cases, proposals will be evaluated by adding the total price forall option quantities to the total price for the basic quantity.

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


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

The Postal Service will evaluate offers for award purposes by including theprice for the basic requirement, i.e., options will not be included in theevaluation 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 isexercised.

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

The Postal Service intends to place credit card orders, using an authorizedPostal Service credit card, under the ordering agreement or contract resultingfrom this solicitation. Any supplier entering into an ordering agreement orawarded a contract as a result of this solicitation must have the capability toaccept 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 inthe Schedule by a brand-name-or-equal product description. Proposalsoffering equal products will be considered for award if these productsare clearly identified and are determined by the Postal Service tocontain all of the essential characteristics of the brand-name productsreferenced in the solicitation.

b. Unless the offeror clearly indicates in the proposal that the proposal isfor an equal product, the proposal will be considered as offering abrand-name product referenced in the solicitation.

c. If the offeror proposes to furnish an equal product, the brand name andmodel or catalog number, if any, of the product to be furnished must beinserted in the space provided in the solicitation. The evaluation ofproposals and the determination as to equality of the product offeredwill be based on information furnished by the offeror or identified in theproposal, as well as other information reasonably available to thepurchasing activity. The purchasing activity is not responsible forlocating or obtaining any information not identified in the proposal andreasonably available to the purchasing activity. Accordingly, to ensurethat sufficient information is available, the offeror must furnish as a partof the proposal:

(1) All descriptive material (such as cuts, illustrations, drawings, orother information) necessary for the purchasing activity toestablish exactly what the offeror proposes to furnish and to

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determine whether the product offered meets the requirements ofthe solicitation; or

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

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

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

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

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

With its proposal, the supplier must provide an investment recovery plan toreuse the equipment, or eliminate or reduce final disposal costs. Finaldisposition must be environmentally responsible, eliminate or reduce landfill,and comply with all federal, state and local laws and regulations. Proposalsmust address the complete life-cycle, including final disposition of the itemsbeing purchased. Disposition alternatives include take-back, repair,refurbishment, and disposal. The supplier is required to design and describeadditional innovative, value-added, end-of-life disposition opportunities for theitems 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 PostalService’s Inspector General or representative must review and approve theaccounting system the prospective supplier will use for the contract. To beapproved, the accounting system must address or contain each of thefollowing 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 theappropriate contract.

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

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


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i. Identification of costs by contract line item and units (as if each unit orline 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 BusinessSubcontracting Requirements (May 2005) (3.2.3)

All suppliers, except small businesses, or unless this purchase is being madeunder commercial purchasing procedures, must submit with their proposalsthe 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 PostalService 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 officespecified in this solicitation at or before the exact time specified on thissolicitation. Offers may be submitted on PS Form 8203,Order/Solicitation/Offer/Award, letterhead stationary, or as otherwisespecified 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 sufficientdetail to evaluate compliance with the requirements in thesolicitation. This may include product literature, or otherdocuments, 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 evaluationfactor, to include recent and relevant contracts for the same orsimilar items, and other references (including contract numbers,point of contact, with telephone numbers, and other relevantinformation); and

(10) If the offer is not submitted on PS Form 8203, include a statementspecifying the extent of agreement with all terms and conditionsand provisions included in the solicitation. Offers that fail tofurnish required representations or information, or reject the termsand conditions of the solicitation, may be excluded fromconsideration.

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

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

d. Multiple Offers. Offerors are encouraged to submit multiple offerspresenting alternative terms and conditions or commercial items forsatisfying the requirements of this solicitation. Each offer submitted willbe evaluated separately.

e. Late Offers. Offers or modifications of offers received at the addressspecified for the receipt of offers after the exact time specified forreceipt of offers will not be considered unless determined to be in thebest 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 PostalService’s Interim Internal Purchasing Guidelines) under this solicitation,and all proposals must be submitted on this basis. Alternate proposalsbased on other contract types will __ will not __ be considered.

g. Contract Award. The Postal Service may evaluate offers and award acontract without discussions with offerors. Therefore, the offeror’s initialoffer should contain the offeror’s best terms from a price and technicalstandpoint. Discussions may be conducted if the Postal Servicedetermines they are necessary. The Postal Service may reject any orall offers if such action is in the best interest of the Postal Service;accept other than the lowest offer, and waive informalities and minorirregularities in offers received.

h. Multiple Awards. The Postal Service may accept any item or group ofitems of an offer, unless the offeror qualifies the offer by specificlimitations. Unless otherwise provided in the Schedule, offers may notbe submitted for quantities less than those specified. The PostalService reserves the right to make an award on any items for quantityless than the quantities offered, at the unit prices offered, unless theofferor specifies otherwise in the offer.

i. Incorporation by Reference. Wherever in this solicitation or contract astandard provision or clause is incorporated by reference, theincorporated term is identified by its title, the provision or clausenumber assigned to it in the Postal Service’s Interim InternalPurchasing Guidelines, and its date. The text of incorporated termsmay be found in Appendix A (for provisions), or Appendix B (for


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clauses) of the Interim Internal Purchasing Guidelines, accessibleonline at www.usps.com/business. If checked, the following provision isincorporated in this solicitation by reference:

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

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

a. General. The Postal Service will award a contract resulting from thissolicitation to the offeror whose offer conforming to the solicitation isdeemed to offer the Postal Service the best value, price and otherfactors as specified considered. The following performance evaluationfactors will be used in the evaluation of offers:

_________________________________________________________

_________________________________________________________

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

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

c. Notice of Award. The Postal Service may accept an offer (or part of anoffer), whether or not there are discussions after its receipt, before anoffer’s specified expiration time, unless a written notice of withdrawal isreceived before award. A written notice of award or acceptance of anoffer, mailed or otherwise furnished to the successful offeror within thetime for acceptance specified in the offer, will result in a bindingcontract 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 applicableblocks, represents that it:

(1) Operates as:

_ a corporation incorporated under the laws of the state of

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

_ an individual;

_ a partnership;

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_ 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 thepurposes 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 orservices being purchased, and has no more than 500 employees,unless a different size standard has been established by theSmall Business Administration (see 13 CFR 121, particularly fordifferent size standards for airline, railroad, and constructioncompanies). For subcontracts of $50,000 or less, a subcontractorhaving no more than 500 employees qualifies as a small businesswithout regard to other factors.

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

(5) Woman-owned Business. A woman-owned business is a concernat 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 tomake policy decisions, and operates the business by beingactively involved in day-to-day management.

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


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b. Parent Company and Taxpayer Identification Number

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

(2) Enter the offeror’s Taxpayer Identification Number (TIN) in thespace provided. The TIN is the offeror’s Social Security numberor other Employee Identification Number (EIN) used on theofferor’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 parentcompany: _____

(4) If the block above is checked, provide the following informationabout 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 federalincome tax return on a consolidated basis (whether or not theofferor is owned or controlled by a parent company, as providedabove) provide the name and TIN of the common parent of theaffiliated 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 caseof a joint proposal each party to it certifies as to its ownorganization, that in connection with this solicitation:

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

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

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

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(2) Each person signing this proposal certifies that:

(a) He or she is the person in the offeror’s organizationresponsible for the decision as to the prices being offeredherein and that he or she has not participated, and will notparticipate, in any action contrary to paragraph a above; or

(b) He or she is not the person in the offeror’s organizationresponsible for the decision as to the prices being offeredbut that he or she has been authorized in writing to act asagent for the persons responsible in certifying that theyhave not participated, and will not participate, in any actioncontrary to paragraph a above, and as their agent doeshereby so certify; and he or she has not participated, andwill not participate, in any action contrary to paragraph aabove.

(3) Modification or deletion of any provision in this certificate mayresult in the disregarding of the proposal as unacceptable. Anymodification or deletion should be accompanied by a signedstatement explaining the reasons and describing in detail anydisclosure or communication.

d. Certification of Nonsegregated Facilities

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

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

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

Notice: A certification of nonsegregated facilities must besubmitted before the award of a subcontract exceeding $10,000that is not exempt from the Equal Opportunity clause. The


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certification may be submitted either for each subcontract or forall subcontracts during a period (quarterly, semiannually, orannually).

e. Certification Regarding Debarment, Proposed Debarment, and OtherMatters

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

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

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

(b) Have ____ have not ___, within the three-year periodpreceding this offer, been convicted of or had a civiljudgment rendered against them for commission of fraud ora criminal offense in connection with obtaining, attemptingto obtain, or performing a public (Federal, state, or local)contract or subcontract; violation of Federal or stateantitrust statutes relating to the submission of offers; orcommission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making falsestatements, tax evasion, or receiving stolen property;

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

(d) Have ___ have not ___ within a three-year periodpreceding this offer, been convicted of or had a civiljudgment rendered against them for commission of fraud ora criminal offense in conjunction with obtaining, attemptingto obtain, or performing a public (Federal, state or local)contract or subcontract; violation of Federal or stateantitrust statutes relating to the submission of offers; orcommission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making falsestatements, tax evasion or receiving stolen property; and

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

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

(3) “Principals,” for the purposes of this certification, means officers,directors, owners, partners, and other persons having primarymanagement or supervisory responsibilities within a business

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entity (e.g., general manager, plant manager, head of asubsidiary, division, or business segment, and similar positions).

(4) The offeror must provide immediate written notice to theContracting Officer if, at any time prior to contract award, theofferor learns that its certification was erroneous when submittedor has become erroneous by reason of changed circumstances.

(5) A certification that any of the items in paragraph (a) of thisprovision exists will not necessarily result in withholding of anaward under this solicitation. However, the certification will beconsidered as part of the evaluation of the offeror’s capability(see 2.1.9.c.3 of the Interim Internal Purchasing Guidelines). Theofferor’s failure to furnish a certification or provide additionalinformation requested by the contracting officer will affect thecapability evaluation.

(6) Nothing contained in the foregoing may be construed to requireestablishment of a system of records in order to render, in goodfaith, the certification required by paragraph (a) of this provision.The knowledge and information of an offeror is not required toexceed that which is normally possessed by a prudent person inthe ordinary course of business dealings.

(7) This certification concerns a matter within the jurisdiction of anagency of the United States and the making of a false, fictitious,or fraudulent certification may render the maker subject toprosecution under section 1001, Title 18, United States Code.

(8) The certification in paragraph (a) of this provision is a materialrepresentation of fact upon which reliance was placed whenmaking the award. If it is later determined that the offerorknowingly rendered an erroneous certification, in addition to otherremedies available to the Postal Service, the Contracting Officermay terminate the contract resulting from this solicitation fordefault.

f. Incorporation by Reference. Wherever in this solicitation or contract astandard provision or clause is incorporated by reference, theincorporated term is identified by its title, its provision or clause numberassigned to it in the Postal Service’s Interim Internal PurchasingGuidelines, and its date. The text of incorporated terms may be foundin Appendix A (for provisions), or Appendix B (for clauses) of theGuidelines, accessible online at www.usps.com/business. If checked,the following provision(s) is incorporated in this solicitation byreference:(Contracting officer will check as appropriate)

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

(2) Provision 1-3, Domestic Source Certificate — ConstructionMaterials (May 2005) ___

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


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

(5) Provision 9-3, Notice of Requirements for Equal OpportunityAffirmative 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 thecontract, the Postal Service, upon notification by the contracting officer,may request a test demonstration to validate the technical acceptabilityof the offeror’s proposal. The intent of the Postal Service in any testdemonstration is to conduct a test of any or all products proposed by theofferor no less than 40 calendar days after receipt of the offeror’sproposal and within 7 working days after the contracting officer’s writtennotification, at a mutually agreeable site approved by the Postal Service.

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

c. While the Postal Service intends to conduct the demonstration only withthe responsible offeror selected for this purchasing, the Postal Servicereserves the right to request test demonstrations from any or all offerorsin the competitive range. The demonstration will be conducted on apass/fail basis. If the demonstration does not validate the offeror’sproposal on the initial observation, the offeror will be afforded a secondopportunity to correct the test deficiencies. Within 10 calendar daysafter notification of the unsatisfactory results, the offeror must conductthe second demonstration. If the offeror elects to substitute a product inany second demonstration, this product must be offered to the PostalService at the same price (or a lower price), and be certified asfunctionally equivalent. If the offeror fails the second demonstration, theofferor will be unacceptable for after completion of the demonstrationwhether it was satisfactory or unsatisfactory.

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

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

a. The Postal Service may request functional demonstrations of some orall products proposed by an offeror during the technical evaluationprocess when Postal Service questions about specific products orfamilies of products could be resolved more effectively through directcontact 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. Thepurpose of this request is to obtain operational information, and the

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requirements may be satisfied by visiting an operational site and/ordevelopment center. Such functional demonstrations may be held at asite selected by the offeror, subject to approval of the contractingofficer. The Postal Service will request that the demonstration be heldnot less than 5, but no more than 10 working days following the date ofthe request.

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

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 thattheir product, when properly installed, will not compromise or otherwisedegrade the integrity of the operating system; or provide the software sourcecode.

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 toaccommodate new applications and future enhancements. Therefore,all IT infrastructure components provided and applications developedas a result of solicitation must be compliant with the specificationscontained in U.S. Postal Service Handbook AS-820, Postal ComputingEnvironment, and the Infrastructure Tool Kit (ITK). Copies of HandbookAS-820 and the ITK can be obtained from the contracting officer.

b. Although the Postal Service discourages nonstandard or hybridtechnical solutions, it recognizes that there may be occasions whensuch information technology or applications are necessary and prudentto fulfill certain business needs. Therefore, the offeror must notify thecontracting officer in writing if:

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

(2) Handbook AS-820 and the ITK do not specify tools needed tomeet 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 whichpotential offerors may obtain a better understanding of the workrequired.

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


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c. Offerors are encouraged to submit all questions in writing at least 5days before the conference. Questions will be considered at any timeprior to or during the conference. Subsequent to the conference, thePostal Service will distribute to all conference participants and all otherprospective offerors a record of the conference containing an abstractof the questions and answers, and a list of attendees. If warranted, anamendment will be issued to reflect changes to the solicitation.

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

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

a. Offerors are expected to examine the drawings, specifications, and allprovisions 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 theproposal and each continuation sheet on which it makes an entry.Erasures or other changes must be initialed by the person signing theproposal.

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 thissolicitation will be required to submit a performance bond in a penalamount equal to 100 percent of the contract price, within the timespecified by the contracting officer.

b. The bond must be executed on the Postal Service forms attached tothis 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 limitstated for the surety on that list.

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

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

a. Any offeror selected for award of a contract as a result of thissolicitation will be required to submit a payment bond in the penalamount set forth in the Schedule, within the time required by thecontracting officer.

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b. The bond must be executed on the Postal Service forms attached tothis 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 limitstated for the surety on that list.

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

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

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

b. When assets are deposited, the offeror must execute the PostalService bond form made a part of this solicitation. Failure to depositassets acceptable to the Postal Service may be cause for termination ofthe 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 contractperformance period plus 1-year period.

e. Except for escrow agreements and payment bonds, which provide theirown protection procedures, the contracting officer is authorized toaccess funds under the payment protection when it has been alleged in


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writing by a supplier of labor or material that a nonpayment hasoccurred, and to withhold such funds pending resolution byadministrative judicial proceedings or mutual agreement of the parties.

f. When a tripartite escrow agreement is used, the supplier shall utilizeonly 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 forPostal 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 computersoftware) delivered to the Postal Service during contractperformance.

(3) Use and disclosure rights in data that may be copyrighted or mayembody trade secrets or confidential commercial or financialinformation.

b. Offeror may propose alternate intellectual property rights arrangements(including licensing arrangements for commercial exploitation ofintellectual property developed under the contract); provided (i) thearrangements apply only to intellectual property developed solely atsupplier private expense and not first produced in performance of thisrequirement, (ii) such arrangements are necessary to protect theofferor’s trade secrets and commercial market competitiveness, and (iii)the Postal Service, including its support service suppliers and theirsubcontractors, subject to the same disclosure restrictions as the PostalService, will have the right to utilize such intellectual property for itsinternal purposes. The following must be included in any alternateproposal.

(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 notcollected 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 ComputerSoftware) if the alternate is rejected.

c. The contracting officer will consider alternate intellectual property rightsproposals in determining which offeror’s proposal is most favorable tothe Postal Service, in accordance with the solicitation’s evaluation andaward section.

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

a. By completion of the representation below, the offeror must identify inits proposal the data (including subcontractor-furnished data) it intendsto identify as “limited rights data” or “restricted computer software,” orthat it does not intend to provide as required. Any identification oflimited rights data or restricted rights computer software is notdeterminative of the status of such data, should a contract be awardedto the offeror.

Representation Concerning Data Rights

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

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

Data proposed for fulfilling the requirements qualify as limited rightsdata or restricted computer software and are identified as follows: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

b. “Limited rights data” and “restricted computer software” are defined inthe contract clauses entitled Rights in Technical Data and Rights inComputer 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 toprocure repair parts and assemblies for the equipment or supply items beingdeveloped or manufactured under this contract. The Rights in Technical Dataclause in this solicitation has therefore been modified to provide that limitedrights data furnished under any contract resulting from this solicitation may beused 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 orlicense fees that they expect to pay in connection with performance of anycontract 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.


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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 nothave on file, at each establishment, affirmative action programs as requiredby the rules and regulations of the Secretary of Labor (41 CFR 60-1 and60-2) and __ has, __ has not filed the required reports with the JointReporting Committee, or (2) __ has not previously had contracts subject tothe written affirmative action program requirement of the rules andregulations 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 andits known first-tier subcontractors with subcontracts of $10 million or more willbe subject to a preaward compliance review. In order to qualify for award, theprospective supplier and first-tier subcontractors must be found in compliancepursuant to 41 CFR 60-1.20.

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

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

b. The goals for minority and female participation, expressed inpercentage terms for the supplier’s aggregate workforce in each tradeon 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 inthe covered area. If the supplier performs construction work in ageographical area located outside the covered area, the supplier mustapply the goals established for the geographical area where the work isactually performed. Goals are published periodically in the FederalRegister in notice form, and these notices may be obtained from theOffice 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) itsimplementation of the Equal Opportunity clause, (2) specific affirmativeaction obligations required by the Affirmative Action Compliance

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Requirements for Construction clause, and (3) its efforts to meet thegoals. The hours of minority and female employment and training mustbe substantially uniform throughout the length of the contract, and ineach trade. The supplier must make a good-faith effort to employminorities and women evenly on each of its projects. The transfer ofminority or female employees or trainees from supplier to supplier, orfrom project to project, for the sole purpose of meeting the supplier’sgoals will be a violation of the contract, Executive Order 11246, asamended, and the regulations in 41 CFR 60-4. Compliance with thegoals 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 subcontractin excess of $10,000 at any tier for construction work under the contractresulting from this solicitation. The notification must list the:

(1) Name, address, telephone number, and employer’s identificationnumber 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 thissolicitation, the covered area is (Contracting officer insert description ofthe geographical area where the contract is to be performed, giving thestate, county, and city).

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