Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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SOLICITATION: 162640-96-A-O281 SECTION - SOLICITATIONNOTICES K ANDPROVISIONS K.I

SECTIONK

PREPARATION PROPOSALS OF (Provision A-l) Alternate II (March 1989)

a. Each offeror mustfurnish the informationrequiredby the solic.Jtation. Theofferor must sign the proposal andprint or type its name the proposaland eachcontinuation sheet on on whichit makes entry. Erasures other changes an or mustbe initialed by the personsigning the proposal. b. In case of discrepancybetween unit price/cost and an extendedprice/cost, the unit a price/cost will be presumed be correct, subject, however, correctionto the same to to extent and in the same manner any other mistake. as ¢. Proposals servicesother than thosespecified will not be considered for unlessauthorized bythe solicitation. d. Time, if stated as a number days, will include Saturdays, Sundays,and Federal of holidays. e. If the proposalexceeds $100,000, the, offeror mustinclude a copyits current financial statements (mostrecent balance sheetand.p,~ofit andloss statement, updated) alternatively, or, be prepared submit suchdata immediately to uponrequest. Submitted data mustbe certified by a company officer as to accuracy veracity. and K,2 SUBMISSION PROPOSALS OF (Provision A-2) (October 1987)

a. Proposals and proposal modifications must be submitted in seated envelopes or packages: 1. Addressed the office specifiedin the solicitation; and to

2. Showing time specified for receipt, the solicitation number, the name the and and address the offeror. of b. Telegraphicproposalswill not be consideredunless authorized by the solicitation. However, proposalsmay modifiedby telegraphicnotice (including Mailgram) that notice be if received the timespecifiedfor receipt of proposals. by K,3 MODIFICATION OR W~THDRAWAL PROPOSALS OF (ProvisionA-3) (October 1987)

a. Proposalsmaybe modified by written notice or telegram(including Mailgram)received beforethe timespecifiedfor receipt of proposals.

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SOLICITATION: 162640-96-A-0281

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b. Proposalsmay withdrawn written notice or telegram(including Mailgram)received be by at anytime before award.Proposals be withdrawn personby an officer may in r,,o,~~d...... y or an auth-,-~'- ,~, .... ntetive, if the -'= '~ .... e.'J .... o~o ", ,,.pr....entad,...,¯ ,,,~{i~, ;s made kn~.own.,,~,~ the a,,.. representativea receipl be proposal signs for before award. K.4 LATE SUBMISSIONS ANDMODIFICATIONSOF PROPOSALS (Provisiorl A-4) (October 1987)

Anyproposalor modification of a proposal received at the office ¢iesignated in the solicitation after the exacttime specifiedfor receipt will not be considered unlessit is received before awardis made and: a. It is the onlyproposal received; or

b. Consideration the proposalis determined the contractingofficer be in the of by to PostalService's interest. ACKNOWLEDGMENT SOLICITATION AMENDMENTS OF (Provision A-5) (October 1987) Offerors mustacknowledge receipt of anyamendmentthis solicitation: to 1. By signing andreturning the amendment;

2. By identifying the amendment number and date in the spaceprovided for this purpose the solicitation form;or on 3. Byletter or telegram.

b. Acknowledgments amendments subject to the Late Submissions Modifications of are and of Proposalsprovision of the solicitation. Proposalslacking acknowledgment an amendment of affecting price, quantity,quality, or detiverymay disregarded. be K.6 EXPLANATION PROSPECTIVE TO OFFERORS (Provision A.6) (OctQber 1987)

Anyprospectiveofferor desiring an explanationor interpretation of the solicitation, drawing,or specifications mustrequestit in writing soonenough allow a reply to reachall to prospectiveofferors before the submission their proposals.Oral explanations instructions of or will not be binding.Any information givento a prospective offeror concerning solicitation will be a furnishedpromptly all other prospective to offerors as an amendmentthe solicitation, if that of information necessary submitting is in offers or if the lack of it wouldbe prejudicial to anyother prospective offerors.

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SOLICITATION: ~162640-96-A-0281 RESTRICTIONON DISCLOSURE ANDUSE OF DATA (Provision A-7) (June 1988)

SECTIONK

Offerors that include in their proposals data they do not wantusedor disclosedby the Servicefor anypurpose other than proposal evaluationmay take the following steps: Postal a. Mark title page the with the followinglegend: "This proposal containsdata that may be duplicated,used,or disclosedoutside not the Postal Serviceandmay be duplicated, in wholeor in par[, for any purpose not other thanto evaluate this proposal.if, however, contractis awarded this offeror as a result a to of, or in connection with, the submission suchdata, the Postal Servicewill havethe of right to duplicate,use,or disclosethe datato the extentprovided the resulting contract. in Thisrestriction does limit the PostalService's not right to usethe information contained in the dataif it is obtained fromanother source withoutrestriction. Thedatasubjectto this restriction are contained sheets [Offerorinsert numbers other identification of sheets]." or b. Mark each sheetof data theywishto restrict with the followinglegend: "Useor disclosureof data contajned this sheetis subject to the restriction on on the title page this proposal." of K.8 AWARD WITHOUT DISCUSSIONS (Provision A-9) (October 1987)

ThePostal Service mayawarda contract on the basis of initial proposalsreceived, without discussions.Therefore,eachinitial proposal shouldcontainthe offerofs best termsfrom a cost or price andtechnicalstandpoint. K.9 LABOR INFORMATION (Provision A-13) (October 1987)

General information regardingthe requirements the Walsh-Healey of Public ContractsAct (41 U.S.C. 35-45), the Contract Work HoursandSafety Standards (40 U.S.C.327-333), Act the ServiceContractAct of 1965 U.S.C.351et seq.) may obtainedfrom the Department (41 be Labor, 200 Constitution Avenue, N.W., Washington, 202100999, from any regional office DC or of that agency. K.IO FAILURE SUBMIT TO PROPOSAL (Provision A-14} (October 1987) Recipients of this solicitation not respondingwith a proposal neednot return this solicitation, unless specifiesotherwise. it Instead,theyshould advise issuingoffice by letter the or postcard whether wantto receivefuture solicitations for similar requirements. a recipient they If does submita proposal doesnot notify the issuing office that future not and solidtations are desired, the recipient's name be removed the applicablemailing list. may from Failure to submita proposal response five consecutive in to solicitations for the same similar or requirements result in r~moval may fromthe mailing list, notwithstanding written requestfor any IQc-C Page87 of 99 pages September 1995 30,

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SOLICITATION: 162640-96-A-0281

SECTION . K

receipt of future solicitations. A new so(icitation mailinglist applicatio.nmust filed to obtain be reinstatement Koll PROTESTS (Provision A-15) (October1987) Protests will be considered only if submittedin accordance with the time limits and proceduresprovided in Chapter 4 of the USPS Procurement Manual.A copy of the protest _ procedures be obtained may fromthe office issuing the solicitation. K.12 BRAND NAME EQUAL OR (Provision 2-4) (February 1992) a, One more or itemscelled for by this solicitation havebeen identified in the Schedule a by bran~l-name-or-equal productdescription. Proposals offering equal productswill be considered for award these productsare clearly identified andare determined the Postal Serviceto if by contain all of the essential characteristic of the brand-name products referenced in the solicitation, b, Unlessthe offeror clearly indicates in the proposalthat the proposalis for an equ~l product, the proposal will be considered offering a brand-name as product referencedin the solici!ation. c. If the offeror proposes furnish an equal product, the brandname model catalog to and or number, any, of the product to be furnished mustbe inserted in the spaceprovidedin the if solicitation. Theevaluation of proposalsandthe determinationas to equality of the product offeredwill be based information on furnishedby the offeror or identified in the proposal,as well as other informationreasonably available to the purchasing activity. Thepurchasing activity is not responsiblefor locating or obtaining any information not identified in the proposaland reasonably availableto the purchasing activity. Accordingly, ensure to that sufficient information is available,the offeror must furnish asa part of the proposal 1. All descriptivematerial(suchas cuts, illustrations, drawings, other information) or necessary the purchasing for activity to establish exactly whatthe offeror proposes to furnish and to determinewhetherthe product offered meetsthe requirementsof the solicitation;or 2. Specific references informationpreviouslyfurnishedor to informationotherwise to availableto the purchasing activfty to permita determination to equality of the product as offered. d. If the offeror proposes modifya productso as to make conform the requirements to it to of the solicitation, the offerormust 1. Includein the proposal clear descriptionof the proposed a modifications;and Clearly mark descriptive material to show proposed any the modifications.

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Case 1:98-cv-00868-FMA SOLICITATION: - ~

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K.13 PERFORMANCE REQUIREMENTS BOND (Provision 7-2) (October 1987) a. Anyofferor awarded contractas a result of this solicitation ,,viii be required.tosubmita a performance in a penal amount bond equal to 100percentof the contract price, within the time spec;'fied the contracting by officer. b. Thebondmustbe executed the Postal Service forms atlached to this solicitation, and on sureties mustbe acceptable the Postal Service. Corporate to sureties mustappear the list in on TreasuryCircular 570, andthe amount the bondmay exceed underwritinglimit stated of not the for thesurety that list. on c. Failure to submit an acceptablebondmaybe causefor termination of the contract for default. K014 PAYMENT BOND REQUIREMENTS (Provision 7-3) (October 1987)

a. Anyofferor awarded contract as a result of this solicitation will be requiredto submita e payment bondin the penal amount forth in the Schedule,within the time required by the set contracting officer. b. Thebondmustbe executed the Postal Serviceformsattachedto this solicitation, and on sureties mustbe acceptable the Postal SerV'[ce.Corporate to sureties mustappear the list in on TreasuryCircular 570, andthe-amount the bondmay exceed underwritinglimit stated of not the for the surety that list. on c. Failure to submit an acceptablebondmay causefor termination of the contract for be default. K.15 DEPOSIT ASSETS OF REQUIREMENTS (Provision 7~5) (October 1987)

a. Exceptfor payment bondsrequired for c~nstruction contracts, any offeror required to submit a surety bondas a result of this solicitation mayinstead deposit assets in a form acceptable the PostalServicein an amount forth in the Schedule. to set b. When assets are deposited, the offeror mustexecutethe Postal Service bondform made a part of this solicitation. Failureto depositassetsacceptable the PostalService be cause to may for termination thecontract default. of for K.16 PARTICIPATION OF SMALL, MINORITY-OWNED, AND WOMAN-OWNED BUSINESS (Provision 10-1 ) (February 1992) All offerors, exceptsmall business,mustsubmitwith their proposals subcontracting the plan required by the clause entitled Small, Minority-Owned, and Woman-Owned Business SubcontractingRequirements.

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SOLICITATION: 162640-96-A-0281

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K.17 NOTICE OF REQUIREMENTS FOR EQUALOPPORTUNITY AFFIRMATIVE ACTION (Provision10-6) (October 1987) a. Theofferodsattention is called to the EqualOpportuni clauseandthe AffirmativeAction .ty Compliance Requirements Constructionclause. for b. Thegoals for minority andfemaleparticipation, expressed percentage in term4for the contractor's aggregate workforce eachtrade on all constructionworkin the covered in area, are as follows: Goalsfor minodtyparticipation for eachtrade SeeAttachment 1.3 Goalsfor femaleparticipation for eachtrade &9% c. These goals applyto all the contractor's constructionworkperformed the covered in area. If the contractor performs constructionworkin a geographical area locatedoutsidethe covered area, the contractormustapplythe goalsestablished the geogrephicel for areawhere workis the actually performed. Goalsare publishedperiodically in the FederalRegisterin notice form, and these notices maybe obtained from the Office of Federal Contract Compliance Programs (OFCCP). & The contractor's compliance"~',,ith Executive Order 11246, as amended,and the regulations in 41 CFR 60-4 mustbe basedon (1) its implementation the EqualOpportunity of clause, (2) specific affirmative action obligations requiredby the Affirmative Action Compliance Requirements Construction for clause, and(3) its efforts to meet goals. Thehoursof minority the andfemaleemployment training mustbe substantially uniformthroughoutthe length of the and contract, andin eachtrade. Thecontractor mustmake good-faith effort to employ a minorities and women evenly on eachof its projects. Thetransfer of minority or female employees or traineesfromcontractorto contractor,or fromproject to project, for the sole purpose meeting of the contractor'sgoalsWill be a violation of the contract, Executive Order11246, amended, as and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. e. Thecontractor mustprovidewritten notification to the Director, OFCCP, within ten working days following awardof any construction subcontract in excessof $10,000at any tier for . construction under contractresultingfromthis solicitation. The work the notification must list the 1. Name, address, telephone number,and employeridentification subcontractor;, 2. 3. Estimated dollar ~mount the subcontract; of Estimated starting andcompletion datesof the subcontract;and Geographical inwhichthe subcontractis to be performed. area number the of

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--~S@ GITA-T-I(~'4 L-4 :---1-62~-~40,.96=A4328~.

SECTIONK

f. Asused this r~otice, andin anycontractresulting fromthis solicitation, the "covered in area" is (Contracting Officer insert description of the 9eo~rephic area wherethe contract is to be performed, giving state, county,endcity). K.18 POSTAWARD ORIENTATION CONFERENCE (Provision OA-5) ALTERNATE I (March1989) ThePostal Service mayrequire the sucoessfulofferor to attend a post.awardconference.If required,it will bescheduled heldprior to the start of contractperformance. and K.19 NOTICE PREAWARD OF SURVEY (Provision OA-34) (June 1994/lntedrn)

a. Offerors are advisedthat the Postal Service may contact prospectivecontractors, andthe contractor's references determine contractor's capabilities to performthe workspecified in to the this solicitation. In addition to obtaining and evaluating performance references, financial statements, credit rating checks, Posta~ and the Service visit a prospective may contractor'sfacilities to performreviews or mayask for additional written information. Offerore will be advisedof specific areasof interest prior to anysite visit. b. Offerors are also advisedthat accomplishment this surveyis a part of the evaMation of processandis not an indicationthat an offeror will receive award. an K.20 ACCESS POSTAL TO BUILDING:(P~:ovision OA-12) (March 1989)

If the location specifiedon this coversheet the receipt of proposals within a controlledaccess for is building and~f it is intendedto handcarry proposal, prior arrangements accessshouldbe the for made contactingthe individual specified on the coversheetof this solicitation at least onework by day prior to the date that access required. If prior arrangements not made, offeror must is are the allowat least 30 minutes process to through securitycheckpoint. is the offeror's responsibilityto a It ensure that proposals deliveredby the duedateandtimespecifiedin the solicitation. are

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r SOLICITATION: 162~0L£6-A-0~ZS~ SECTION -,RE, pRESENTATIONS CERTIFICATIONS ,L AND L.1 TYPEOF BUSINESS ORGANIZATION (Provision A-20) (December 1989) The offeror, by checking applicable the blocks,represents it: that a. Operatesas [_ ] a corporation incorporated underthe laws of the State of ~, L ] an individual, L ] a partnership,[ _ ] a joint venture,[ _ ] a nonprofit organization,[ _ ] or an educational institution; and b. Is a [ _ ] small business concern, L ] minority-ownedbusiness, [ _ ] woman-owned business, ] labor surplusareaconcem, ] educational other non-profitorganization, [ _ ] L [_ or or none the above of entities. c. SMALL BUSINESS CONCERN.small business concern for the purposes of Postal A Serviceprocurement means business,including an affiliate, that is independently a owned and operated,is not dominant producing performing supplies or services being purchased, in or the andhas no morethan 500employees, unless a different size standardhas beenestablishedby the SmallBusiness Administration(see 13 CFR 121, particularly for different size standards for airline, railroad, and construction companie~s).For subcontracts of $50,000or less, subcontractorhaving no morethan 500 employees qualifies as a small businesswithout regard to) other factors. ': d. MINORITY-OWNED BUSINESS. minority-owned business is a concernthat is at least A 51 percent owned and whose by, management daily businessoperations are controlled by, and oneor moremembers a socially and economically of disadvantaged minority group, namely U.S. citizens whoare Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans,or Asfan-lndian Americans.(Native Americans are AmericanIndians, Eskimos, Aleuts, and Native Hawaiians.Asian-Pacific Americans U.S. citizens whose are origins are Japanese,Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian, Kampuchean, Taiwanese or in the U.S. Trust Territories of the Pacific Islands. Asian-Indian Americans U.S. citizens are whose origins are in the Indian subcontinent.) e. WOMAN-OWNED BUSINESS.A woman-owned business is a concern at least 51 percent of whichis owned a woman women) is a U.S. citizen, controls the firm by (or who exercis'~ngthe f~owerto make (~o~icy decisions, anti o~eratesthe businessby being actively involved in day-to-daymanagement. f. LABOR SURPLUS AREA. geographical area which at the time of awardis either a A section of concentrated unemployment underemployment, or a persistent labor surplus area, or a substantiallabor surplusarea, as definedin this paragraph. 1. Section of concentrated unemployment underemptoyment or means appropriate sectionsof Statesor labor areasso classified by the Secretary Labor. of

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SOLICITATION: 162640-96-A-0281

SECTION L

2. Persistent labor surplusarea means area whichis classified by the Department an of Laboras an area of substantial andpersistent labor surplus (also called Area of Substantial and Persistent Unemployment) is listed as such by that Department and in conjunctionwith its publication, AreaTrendsin Employment Unemployment. and 3. Substantial labor surplus area meansan area which is classified by the Department Labor as an area of substantial labor surplus (also called Area of of Substantial Unemployment) whichis listed as suchby that Department conjunction and in with its publication Area Trendsin Employment Unemployment. and g. LABOR SURPLUS CONCERN. AREA A firm which will perform or cause to be performed a substantialproportion a contractin a labor surplus of area. h. EDUCATIONALOR OTHERNON-PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operatedfor scientific or educationalpurposes,not organized profit, no part of the net earningsof whichinures to the profits of any private for shareholder individual. or .L.2 PARENTCOMPANY AND TAXPAYER IDENTIFICATION NUMBER (ProvisionA-21) (October1987) .~ a. A parent company onetha!,pwn~or controls the basic businesspolicies of an offeror. is To ownmeans ownmorethan 50 percentof the voting rights in the offeror. To control means to to be able to formulate,determine, veto basicbusiness or poiicy decisions the offeror. A parent of company neednotown the offeror to control it; it mayexercise control through the use of dominant minority voting rights, proxyvoting, contractualarrangements, otherwise. or b. Enter the offeror's Taxpayer Identification Number (TIN) in the space provided.TheTIN the offeror's Social Security Number other Employee or Identification Number used on the offeror's QuarterlyFederalTaxReturn,U.S. Treasury Form 941. Offeror'sTIN: c. d. [ ] Check block if the offeror is owned controlledby a parentcompany. this or If the block above checked, is providethe following informationaboutthe parentcompany:.. Parent Company's Name: Parent Company's Office Address: Main No.andStreet: City: Parent Company's TIN: State: Zip Code:

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-----SO L-tC-R'-A-TI(9:--1-62640--96-A-02~4 N

SECT!ON L

e. If the offeror is a member an affiliated group of that files its federalincome return on a tax consolidatedbasis (whetheror not the offeror is owned controlled by a parent company, or as providedabove)providethe name TIN of the common and parent of the affiliated group: Name Common of Parent: Common Parent's TIN: L.3 AUTHOREED NEGOTIATORS (Provision A-22) (October 1987)

Theofferor represents that the following pei'sonsare authorized negotiateon its behalf to with the Postal Service in connectionwith this solicitation [Offeror list names, titles, and telephone numbers the authorizednegotiators]. of

L.4

PLACE PERFORMANCE OF (Provision

A-23) (October 1987)

If the offeror intends,in the performance anycontractresulting fromthis solicitation, to of useoneor more facilities locatedat addresses different fromthe offeror's address indicatedin as this proposal,the offeror mustincludein its proposal statement a referencingthis provisionand identifying thosefacilities by street address, city, county,state, andZIPCode, the name and and address the operator these of of facilities if otherthanthe offeror. CERTIFICATEOF INDEPENDENT PRICE DETERMINATION (Provision ) (October 1-1 1987) a. ¯ Bysub'mitting this proposal,the offeror certifies, andin the caseof a joint proposaleach partyto it certifies asto its own organization, in connection this solicitationthat with 1. Theprices proposed have beenarrived at independently, without consultation, communication, agreement, the purpose restricting comlbetition, as to anymatter or for of relating to the priceswit_hanyotherofferor or with anycompetitoF, 2. Unlessotherwiserequired by law, the prices proposed haven~t beenand will not be knowingly disclosedby the offeror beforeaward a contract, directly or indirectly to of anyother offeror or to anycompetitor, and No attempt has beenmade will be made the offeror to induce any other or by 3. personor firm to submitor not submita proposal the purpose restricting competition. for of

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Case 1:98-cv-00868-FMA Document 87-10 SOLICITATION: 162640-96-A-0281 b. Each person signingthis proposal certifies that -

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1. Heor sheis the person the offeror's organization in responsible the decisionas for to the pdcesbeing offered herein andthat he or she has not participated, andwill not participate, in anyaction contraryto paragraph aoove, a or He or she is not the personin the offeror's organization responsible for the 2. decisionas to the pdcea beingoffered but that he or shehasbeen authorized writing to in act as agentfor the persons responsible certifying that they have participated, and in not will not participate, in any action contrary to paragraph above,andas their agentdoes a hereby certify;, andhe or shehasnot participated,andwill not participate,in anyaction so contrary to paragraph above. a c. Modification deletionof anyprovisionin this certificate may or result in the disregarding of the proposal as unacceptable. Anymodificationor deletion should be accompanied a signed by statement explainingthe reasons describingin detail any disclosureor communication. and L.6 CONTINGENT REPRESENTATION FEE (Provision 1-2) (October 1987)

Theofferor mustcomplete following representations: the 1. Theofferor [ _ ] has i "''~] has not employed retained any company person or or (other than a full-time bonafide employee workingsolely for the offeror) to solicit secure this contract. 2. Theofferor L ] has [ _ ] has not paid or agreedto pay any company person or (other than a full-time bonafide employee working solely for the offeror) any fee, commission, percentage, brokerage or fee, contingentuponor resulting from the award of this contract. b. If either representation in the affirmative, or upon is request the contracting of officer, the offeror mustfumish, in duplicate, a completed Form 7319,"Contractor'sStatement Contingent of or OtherFees",andanyother informationrequested the contractingofficer. If the offeror has by previously furnished a completed Form7,319to the office, issuing this solicitation, it may accompany proposalwith a signedstatement its 1. }ndicating when completed the formwaspreviouslyfurnished;

2. Identifying thd number the previoussolicitation or contract, if any, in connection of with whichthe form wassubmitted;and 3. Representing the statement the formis applicable this proposal. that on to

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__ SOLICITAT.LOJ~[~2640-96-A-0281 L.7 CERTIFICATIONOF NONSEGREGATED FACILITIES (Provision 10-3) (October1987)

SECTION L

a. Bysubmitting this proposal,the offeror cert;-Sesthat it doesnot andwill not maintainor providefor its employees segregated any facilities at anyof its establishments, that it does and not andwill not permit its employees perform to servicesat anylocation underits control where segregated facilities are maintained. offeror agrees The that a breach this certification is a of violation of the Equal Opportunity clause this contract. in b. As usedin this cert~cation, "segregated facilities" means waiting rooms, any workareas, rest rooms wash or rooms,restaurantsor other eating areas, time docks,locker rooms other or storageor dressingareas, parking lots, drinking fountains, recreation or entertainment areas, transportation, or housingfacilities providedfor employees that are segregated explicit by directive or are in fact segregated the basisof race,color, religion, or nationalorigin, because on of habit, local custom, otherwise. or c. Theofferor further agreesthat (unless it has obtainedidentical certifications from proposed subcontractorsfor specifc time pedods)it will obtain identical cedifcations from proposed subcontractorsbefore awardingsubcontractsexceeding $10,000that are not exempt fromthe provisions the Equal of Opportunity clause;that it will retain thesecertifications in its files; andthat it will forwardthe following notice to theseproposed subcontractors (exceptwhen theyhave submitted identical certifications for specific timeperiods): ¯ NOTICE

A certification of nonsegregated facilities mustbe submitted before the awardof a subcontractexceeding $10,000 that is not exempt from the EqualOpportunityclause. The certification may submitted be either for eachsubcontract for all subcontracts or duringa period(quarterly, semiannually, annually). or L.8 EQUALOPPORTUNITY AFFIRMATIVE ACTION PROGRAM (Provision 10-4) (Apdl1989)

The offeror, by checking applicable the blockor blocks, represents it that (1) [_ ] has developed hason file, [ _ ] hasnot developed doesnot haveon file, at each and and establishment, affirmative action programs required by the rules and regulations of the as Secretary Labor{41 CFR of 60-1and60-2) and[ _ ] has, [ _ ] has not filed the requiredreports with the Joint Reporting Committee, (2) L.] has not previously hadcontracts subject to the or written affirmative action program requirement the rules andregulationsof the Secretaryof of Labor.

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SOLICITATION: 162640-£6-A..0281 1".9 BUY AMERICAN CERTIFICATE-C:ON$TRUCTION MATERIALS (Provision10-8) (October 1987)

SECTIONL

Theofferor certifies that only domesticconstruction materials (as defined in the Preference Domestic for Construction Materialsclause) will be usedin the performance t~his of contract,except foreignconstruction for materials listed below:. Material Quality EstimatedCost

L,10 CLEAN ANDWATER AIR CERTIFICATION (Provision 10-9) (October 1987) a. This certification applies only if (1) the offer exceeds $100,000,(2) the offer is for indefinite-quantity andindicatesthat ordersfpr estimating quantities will exceed $100,000 any in year,(3) a facility to be used listed on the EPA of ViolatingFacilities because a criminal is List of conviction,or (4) the.contract not oth'6rwise is exempt. b. Theofferor (1) certifies, by checking applicable the box, that anyfacility to be utilized the performance the proposed of contract L.J is, Uis not, listed on the Environmental Protection Agency of V~olatingFacilities as of the date of this proposa{, (2) agrees notify the List and to contractingofficer promptlyif any communication receivedfrom the Environmental is Protection Agency beforecontractaward indicating that anysuchfacility is underconsideration inclusion for onthe List.

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SECTIONM - EVALUATION AND AWARD FACTORS M.1 CONTRACT AWARD (Provision A-8) (February 1992)

a. ThePostal Servicewill award contract resulting fromthis solicitation to the responsible a offeror whose proposalconforming the solicitation will be mostadvantageous the Postal to to Service,cost or price andother factors specifiedelsewhere this solicitation considered. in b. ThePostal Servicemay reject anyor all proposals,andmay waiveinformalities andminor irregularities in proposals received. c. ThePostal Servicemay acceptany item or groupof items of a proposal,unlessthe offeror qualifies the proposalby specific limitations. Unles~ otherwiseprovidedin the solicitation, proposals maybe submitted for quantities less than those specified. The Postal Service reserves right to make award anyitemfor a quantity less than the quantitycontained the an for in a proposal, at the unit cost or prices proposed, unlessthe offeror specifies otherwisein its proposal. d. A written award acceptance proposalmailedor otherwisefurnishedto the successful or of offeror within the time for acceptance specified in the proposal will result in a bindingcontract withoutfurther action by either party. Before,.the proposal's specifiedexpirationtime, the Postal Servicemay accepta proposal(or part of:a proposalas providedin paragraph above),whether c or not thereare discussions negotiations or after its receipt, unless written noticeof withdrawal a is receivedbefore award.Discussions negotiationsconducted or after receipt of a proposaldo not constitutea rejection or counteroffer the PostalService. by e. Neitherfinancial data submitted with a proposal,nor representations concerning facilities or financingwill forma part of the resulting contract.However, the resulting contractcontains if a clauseprovidingfor price reductionfor defectivecost or pricing data, the contractprice will be subjectto reduction costor pricing datafurnished incomplete, if are inaccurate, not current. or M.2 EVALUATIONOF PROPOSALS FOR MULTIPLE AWARDS (Provision A-16) (July 1995)

In addition to other factors, proposals will be evaluated the. ba.sis of advantages on and disadvantages the Postal Servicethat mightresult from making to morethan oneaward (multiple awards).It is assumed, the purpose evaluatingproposals,that $500is the administrative for of cost to the Postal Service fqr issuing and administrating eachcontract awarded underthis solicitation, andindividual awards be for the itemsor combinations itemsthat result in the will of lowestaggregate to the Postal Service,including the assumed cost administrativecosts.

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SOLICITATION: 162640-96-A-0281

SECTION M

M.3

CONTRACT AWARD AND PROPOSAL EVALUATION (Construction) (ProvisionOA-16)(June1988)

a. AwardWill be made the responsible offeror whosubmits the best combinationof to Technical Proposal, Business Proposal (cost'price), Business,~lanagement Proposal (if applicable), and other factors considered.Thepdmary areas to be usedin determiningwhich proposal is mostadvantageous the Postal Service are listed belowin descending to order of importance: (Refer to Attachment 1.4 for information relating to the submission of qualification information.) 1. Postal Experience; Provide list of projects that youhave a performed. Includethe following nformation all projects: for -Project location andtype -Total dollar valueof contract -Name andphone number U. S. Postal Service ContractingOfficer of -Status Proiect- (percent of ..c:~mpletion) GeneralExperience: Notless than three (3) yearscontinuous experience a contractor as of similar work. Current Workloadand C~pacity Include,but do not limit to number workforce, of supportand/oradministrative, company ownerequipment, tools, etc. Describeexisting and pending workload. b. CostJPrice will be considered in the awarddecision, although the award maynot necessarily made that offeror submitting lowestcost. be to the c." Subcontracting plans, if required, ' will be reviewedfor acceptability in the types and amounts subcontracts small andsmall disadvantaged of to business concerns, this solicitation if results in a contract for morethan $1 million ($500,000for construction), the other,Mse successful offeror must havean acceptableSmall Businessand Small Disadvantaged Business Subcont!'actingPlan to receive award the contract (Small Businesses exempt of are frem this. requirement).

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USPS POLICY

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if numerous multiple awards made,the notice may are state where award details may reviewed. be

4.2.5. i Debriefing i. Unsuccessful offemrs, upon their written request, mustbe debriefedandtold the basis for selectiondecisionandcontract award. Prompt forthright and debdefings tend to reduce protests. 2. Thecontractingofficer or a designated representative mustconduct the debriefing,with the assistance participationof technicalandlegal and personnel, appropriate. as Debriefinginformation must include the PostalService'sevaluation the of significant weak deficient factorsin the proposal, point-by-point or but comparisons other offerors' proposals with mustnot be made. identity The andrelative rankingof the offerora, the overall evaluation scores proposals if werescored,and the pdcesproposed be disclosedif requested. may (a) Tradesecrets; (b) Privilegedor contidenfia~ manufacturing processes techniques; and and that is privilegedor confidential, (c) Business financial information includingcost breakdowns, profit, indirect cost rates, andsimilar information; or (d) Unique innovafiveconcepts or contained a proposal in 5. Thecontractingofficer mustinclude a summary the debriefingin the of solicitation file.

3.

4. information mustnot be disclosed anyofferor as to anotherofferor's: to

4.2.5.k Synopsis. Contractawards involving significant subcontracting opportunitiesmust be synopsized the Commerce in Business Daily in accordance 3.2.2. with

SECTION 3 SIMPLIFIED PURCHASING 4.3.1 General
4.3.1.a App/icabi/i~ Thesimplified pumhasing procedures established this section are in for usein making fixed-price purchases to the ceiling amount paragraph . up in b below,except: under indefinite-deliverycontracts(see5.1.5); 1. Orders 2. 3. 4. 5. 6. OrdersunderPostal SupplySchedules (see 3.1.4) or from other govemment sources (see 3.1.5); Purchases workshops peoplewhoare blind or severely disabled from for (see3.1.3); Purchases FederalPdson from Industries, Inc. (see 3.1.5.a); Procurement mail transportation(see chapter12); and of Purchases whichspecific procedures prescribed for are elsewhere this in manual.

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4.3.1.b Ceiling. Thegeneral ceiling for simplified purchasing procedures $100,000. is If the dollar valueof a prospective contract for standard commercial products or servicesis within a contracting officer's delegated contractingauthority, heor she may decideto usesimplified procedures that particular contract when for circumstances competition price reasonableness of and justify a higherceiling. However, the dollar valueof the prospective if contract equals exceeds or $1 million, simplified purchasing procedures not beused.Thesuitability of a may purchase simplified procedures for shouldbe determined the planningphase. in Anyspecial termsor clausesneeded protect the Postal Serviceor required by to law or regulation mustbe added the contractualdocument, to 4.3.1.c Limitations. Theceilings are based the requisition estimate,whichmust on include all requirements would that properlybe grouped togetherin a single solicitation. Requirements aggregating than the ceiling may be split or more not brokendown into several purchasing procedures. 4.3.1 .d Competition 1. Thecompetitive thresholdis ten percentof the simplified purchasing ceiling. 2. Competition mustbe sought the extent practicable for purchases to above the competitive threshold.Proposals quotations or mustbe solicited froma sufficient number qualified sources of (normally least three) to ensure at that the price is fair andreasonable. Adequate competition simplified for purchases normally obtained can be without soliciting outsidethe local trade areaof the purchasing office or receiving activity. If sources outside local the trade areaare solicited, source lists mustbe maintained accordance in with A.3. Solicitationsmay limited to onesource the contracting be if officer determines only onesource available, subject to the requirements that is of section4.4. For purchases underthe competitive threshold,competition not requiredif is the contractingofficer determines pdces that receivedare reasonable. Where practicable, noncompetitive purchases mustbe distributed equitably among qualified suppliers, anda quotationmustbe obtainedfromother than the previoussupplierbeforeplacing a repeatorder. Policy. Simplified purchases awarded the proposer quoter who are to or offers the best valueto the PostalService.Depending the productor on service beingpurchased the needs the requiring organization,best and of valueis obtained basingthe award price or a combination price with by on of price-related factors,otherevaluation factors, or both. Price-based awards. Awards based solely on price are made the to responsible proposer quoterwhosubmits lowestprice. This method or the is normallyusedfor standardcommercial productsor services of acceptable quality for whichthereis adequate competition also 4.3.2.c). (see Awards based price and price-related factors. Awards on based price and on price-related factors are made the responsible to proposer quoterwhose or submitted price, after taking into account statedprice-relatedfactors such as transportation charges appropriate),administrative (if costs associated with multipleawards, cycleutility costs,etc., yields thelowest life evaluated price. This basis may only usedwhen price-related factors canbe identified be the andquantified(assigned cost) for the productor servicebeingpurchased. a Awards based price and other evaluationfactors on

3.

4.

4.3.1.e Basis for Award 1.

2.

3.

4.

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based price and other evaluation factors are made on (a) Genera/.Awards to the responsibleproposer quoterwhosubmitsthe most or advantageous proposalor quotationtaking into account price andother statedevaluation factors whichare of valueor concern the requiring to organization, such quality, experience, as de~ivery schadu}e, maintainability,easeof operation,size, weight,etc. Award determined is by comparing di~erences the evaluationof the otherfactors with in differencesin pdceto the Postal Service.This method shouldbe used when pdce,or pdceand price-related factors, maynot providethe best overall valueto the PostalService.Simplifiedprocedures should not normallybe usedwhen other evaluationfactors are highly complex the andwill require lengthyor detailedsubmissions the proposers by or quotars.In suchsituations, standardpurchasing procedures shouldbe used (see 4.2). (b) Evaluation strategy. The of otherevaluation use factors in simplified purchasing requires the development an evaluationstrategy. The of evaluationstrategy shouldbe developed the requirements by organization the procurement or specialist, in close coordination with the requirements organization,and mustbe approved the contracting by officer prior to solicitation. The evaluation strategy must identify (1) the need useotherevaluation to factors, (2) the evaluation factors to usedandtheir orderof importance, the relative overall importance (3) the otherevaluation factorsto price (i.e., greaterthan,equal less to, than), and(4) the individual or individualswho will perform evaluation, 5. Awards based price, pEce-ralated, other evaluationfactors on and (a) GeneralAnaward based pdce, price-related, and other evaluation on factors will be made the basis of the mostadvantageous on proposalor quotation,taring prica-re~ated factors into account eva~uating in relative price, andtakingotherfactorsinto account relation to pdce in in accordance the pro-established with evaluationstrategy (see 4.3.1 .e.4.(b)). (b) Evaluation strategy. Anaward based this combination factors on of requires evaluation an strategy(see4.3.1.e.4.(b}). 4.3.1.f Prequalification.Thecontracting officer may restrict competition approved to sources prequalified contractors(see 3.1.6) when or necessary ensure to that quality requirements bemet. will

4.3.2

Solicitations

4.3.2.a General Solicitation of proposals quotations be done writing or orally, or may in at the discretionof the contracting o~cer. 4.3.2.b Solicitations 1. WrittenSolicitations. Because written solicitations provide clearer a understanding the requirement, of they should be usedwhenever practicable. OralSolicitations (a) General oral solicitation may usedwhen written solicitation An be a would impracticable,as when be processing written solicitation would a

2.

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be documented showthe reason for any amendment. to amendments to As affecting TechnicalDataPackages (TDPs) 2.3.3. see

4.3,3

Receipt andEvaluation of Proposalsand Quotations
1, Recording. Written andoral proposals quotationsmustbe cleadyrecorded or in a formatpermittingready comparison prices andotherdetails. The of recordmustbe placed the purchase in file. Late Proposals Quotations.Late proposals quotationsin response and and to written or oral solicitations maybe considered when award not yet an has been made, the contractingofficer determines doingso is in the Postal if that Service's interest.

4.3.3.a Receipt

2.

4.3.3.b Evaluation.Evaluation mustbe made the basis of best valueto the Postal on Service,taking into account pdce a combination price with price-ralated or of factors, or other evaluation factors, or both. Regardless the basisof award, of a price reasonableness determinationmustbe made accordance in with section 5,3. 1, 2. PEce-based. Award will be made the respansibleproposeror quoter who to submits lowestprice. the Price-relatedfactors. Award will be made the responsible to proposer or quoterwhose submitted price is lowestafter the contracting officer's application the statedprice-related of factors. Otherevaluationfactors. Award will be made the responsible to proposer or quoterwho submits combination price andother evaluationfactors the of offedng best overall valueto the PostalService.T~is will be determined the by comparing differences the evaluation otherfactors with differences in of in price to the PostalService.Thecontract/ngofficer mustmake contractor the selectiondecisionandis responsible trade-off judgments for involvingpdce andother evaluationfactors. Contractor selection mustbe made in accordance the evaluation with strategy(i,e., price andother evaluation factors) andmust clearly noted the purchase be in file. Price-relatedandotherevaluationfactors. Award will bemade the to responsible proposer quoterwho or submitsthe combination price, of price-related,andotherevaluation factorsoffering the bestvalueto the PostalService.Price-related factors will betakeninto account the in evaluation price, andotherfaclors wilt be takeninto account relationship of in to price, as set out in paragraphs and3 above. 2

3.

4.

or two the 4.3,3.c EqualProposals Quotations.When or moreofferors meeting requirements the solicitation are evaluated equallylow, the contracting of as officer mustselect between them the basis of performance on record, experience, otherfactors in the PostalService'sinterest. Award be or may determined drawing only if thereis no otherbasisfor selection. by ~ots 4.3.3.d Negotiation.Thecontractingofficer may negotiatewith efferors when necessan/ to ensure that pdces reasonable to ensure are or that PostalService requirements be met. wilt 4.3.3,e Contractor Responsibility. General sta.ndards responsibility(see3.3.1) apply, of but the extentof reviewmay limited to readily availableinformation.The be

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Completion Level-of-EffortForm. cost-plus-fixed-fee or A contractmust in be one twobasicforms the completion or the level-of-effort form. of -form (a) Completion Form. completion The formdescribesthe scope workby of stating a definite goalor target andspecifying endproduct. an Thisform of contractnormally requires contractor complete deliver the the to and specified product end within theestimated cost, if possible, a as condition payment the entire fixed fee. tf the work for of cannot be completed within the estimated cost, the PostalService require may more effort withoutincrease fee, but the estimated must in cost be increased. Form. level-of-effort formdescdbes scope The the of (b) Level.of-Effort work general in termsandobligates contractor devote specified the to a level of effort for a statedtimepedod. Under form,if performance this is satisfactory, fixedfee is payable the expiration the agreed the at of upon period, contractor upon certificationthat thelevel of effort specified in the contracthasbeen expended performing contractwork. in the Renewal fudherpedods performance for of requiresnew cost andfee arrangements, is treated as a new and purchase. Because the greater obligationassumed the of by (c) Preference. contractor, completion is preferred the level-of-effortform the form over whenever workcanbe definedwell enough permita reasonable the to cost estimate within which contractorcanbe expected complete the to the work.

5,1.4.g Clauses 1. All cost-reimbursement contracts must includethe followingclauses: (a) Clause 5-4, AIIowable Costand Payment. LimitationofCost,(ifthecontractisfullyfunded)or (b) EitherClause5-5, Clause Limitation Funds, the contract incrementally 5-6, of (if is funded). 2. Costcontractsmustinclude Clause 5-7, CostContract--NoFee. Cost-sharing contractsmustinclude Clause 5-8, Cost-Sharing Contract-NoFee. Cost-plus-incentive-fee contracts must includeClause IncentiveFee. 5-9, Cost-plus-fixed-fee contractsmust includeClause 5-10,FixedFee.

4. 5.

Indefinite-Delivery Contracts
An be it or 5.1.5.a General. indefinite-deliverycontractmay usedwhen is known anticipated therewill berequirements supplies services that for or overa pedod of time,but quantities, times,or places deliveries notknown thetimeof of are at contract award, contracts The establish firm fixed prices, withordersto beplaced directly by usingactivities or by specified purchasing offices withdeliveries made directty using to activities. The and to 5.1.5.b Ordering. periodfor placingorders the activities authorized place orders must identified in the contract be Schedule. Ordinarily,ordersshould be placedin wdtingor by written communication; necessary, ordersmay when oral be made theyare promptly if confirmed wdfing.Orders in must contain: 1. Dateof order, contract number, order number; and 2, Itemnumber description,andunit price; and

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Place dateof delivery or performance; and Packaging, packing, shipping and instructions,if any; Accounting fiscal data; and and Anyother pertinentinformafion.

Contract. definite-quantity A contract provides a definite for 5.1.5.c Definite-Quantity quantity specificsupplies services of or dudng contractperiod,with deliveries the to designated locationswhen ordered. 5.1.5.d Indefinite-Quantity Contract. indefinite-quantity An contract provides an for indefinite quantity specific supplies services, of or within statedminimum and maximum limits, to bedeliveredduringthe contractperiodto designated Iocafions when ordered. is for usewhen It precise requirements supplies for or servicesduringthe contract period, above known minimum requirements, cannot be determined beforecontractaward. contractmust requirethe PostalService order,andthe contractor to to 1. The deliver, at least a statedminimum quanfityof supplies services ordered or as duringthe contractperiod,andrequires contractor deliverany the to addifionalquantitiesordered, to exceed statedmaximum, not e 2. Theminimum quantity mustnot exceed known requirements, the and maximum quanfity mustbe realistic. Thecontract may specify minimum or maximum quantities for individual delivery orders, anda maximum may that beordered dudng specifiedtime. a 5.1.5.e Requirements Contract. requirements A contractprovides filling all actual for purchase requirements designated of activities for specific supplies services and to be delivered ordered as duringthecontractperiod.It is for use when recurring requirements anticipated are duringthe contractperiod,but precise quantities that designated activities will need cannot determined be before contractaward, It may also be used obtainsuppliesandservicesthat may requiredin excess to be of thequantitiesthat the activities themselves furnishwithin their own can capabilities. solicitation andcontract must state anestimated total quantity,and,if 1. The feasible,the maximum of the contractor's limit obligationto deliverandthe PostalService's obligationto order.The total quantity estimate must as be realistic as possible,based records previous on of requirements current and information.Thecontract may specify minimum maximum or quantities for individual delivery orders, anda maximum may ordered that be duringa specified time. a contract for repair, modification, overhaul items is or of 2. When requirements of Postal Service property, solicitation must the statethat failure of thePostal Service furnish suchitemsin the amounts to described "estimated" as or "maximum" not entitle the contractor anyprice adjustment will to under the PostalService Properly clause the contract. of 5.1.5.f Clauses 1, All indefinite-delivery contracts include following must the clauses: (a) Clause 5-11,Ordering. (b) Clause5-12, Delivery-OrderLimitations. 2. All definite-quantity contracts must includeClause 5-13,Definite Quanti~ 3. All indefinite-quantity contracts include must Clause 5-14,Indefinite-Quantity,

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Manual

Ossue1)
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Business financial information and that is privilegedor confidential,includingcost breakdowns, profit, indirect cost rates, andsimilar information. Thecontractingofficer or a designated representative mustconduct the debriefing, with the assistance participation of the purchase and team andassignedcounsel,as appropriate. Thecontractingofficer mustincludea summary the debriefing in the of solicitation file.

4.3 Commercial Purchasing
4.3.1

Policy
Commercial purchasingis the competitive purchase commercially of available goods services. It is Postal Servicepolicy to buycommercially and available goods services whenever and practicable.

4.3.2

Applicability

4.3.2.a Genera/.Usethe following policies andprocedures when purchasing commemial products or services. productsandservices are: 4.3.2.b Definition. Commercial 1. 2. Products customarily usedby the generalpublic andavailable in the commercial marketplace. Products that haveevolvedfrom existing commercial productsthrough advances technology performance, if not yet available in the in or even commercial marketplace, the productwill be availablein the if commercial marketplace time to satisfy the Postal Service'sdelivery in requirements. Commercial productswith minor modificationsof a type customarily available in the commercial marketplace. Installation, maintenance, repair andtraining services purchased if in supportof a commercial productundertermsandconditions available to the general public. Othercommercial servicesoffered andsold competitively,in the commercial marketplace,basedon established commercial prices for specific tasks performed understandardcommercial terms and conditions. Facility repair and alteration, includingpainting(see4.4) are such commercial services. Mail transportation servicesof all modes 4.5) may purchased (see be as commercial services the discretionof the contracting at officer.

3. 4.

5.

6.

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4.3.2.c Considerations 1. When using commercial purchasingprocedures, purchaseteamsmust: (a) Conductmarketresearch to determinewhethercommercial items are available to meet Postal Service's requirements the (see 2.1.3). Encourage suppliers andsubcontractors incorporate to commercial items as components items supplied to the Postal in Service.

(b)

2.

Theremay instanceswhere productor services is available in the be a commercial marketplace but not capableof meetinga specific Postal Servicerequirement without substantial adaptation customization. or In theseinstances, the other purchasing methods described this in chapter maybe used.

4.3.2.d Dollar Limitations. Contracting officers may commercial use purchasing methods to the limit of their delegated up contractingauthority. Othertypesof dollar limitations, suchas applicablelabor provisions,bonding requirements, . publicizing, etc., doapply. 4.3.2.e Competi~on 1. Competition mustbe soughtto the extent appropriatefor purchases above competitive the threshold(see 1.7.1 .a). Proposals quotations or must solicited froma sufficient number qualified suppliersto be of ensureadequate competition. Commercial purchase prequalification opportunities valuedat or $1 million or moremustbe publicizedin accordance 3.5.3. with If suppliershavebeen prequalified,competition be res~'ricted solely may to thosesuppliers(see 3.5.2.b.2). Solicitationsmay limited.to onesupplierif it is determined only be that onesource available, subjectto the requirements 3.5.5. is of

2. 3. 4.

4.3.2.f Performance EvaluationFactors. 1. Supplier-Specific.Thesupplier-specific performance evaluationfactors of past performance supplier capability (see 2.1.7.c) mustalways and be evaluatedwhen determiningwhichsuppliers of commercial items offer the best value to the Postal Service.Evaluations also must consider pdce. 2. Proposal-Specific teamsmayuse proposal-specific performance (a) Purchase evaluation factors when purchasingcommercial items. When technicalinformation necessary evaluation offers, is for of purchase teamsshould, as part of marketresearch,review existingproduct literature generally availablein the industry.If such literature is adequate purposes evaluation,it ,-nay be for of requested lieu of technicalproposals. in

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Offerors maybe allowedto proposemorethan one productin response a solicitation for commercial to items. Each product mustbe evaluated a separate as offer.

3. Price. Price must be evaluated whenpurchasingcommercial items. 4.3.2.g Contract Types. Generally, firm fixed price contractsor fixed-pricewith economic adjustmentcontracts are usedwhen purchasingcommercial items. Indefinite delivery contracts may usedwhen prices are established be the based a firm-fixed price or fixed pdcewith economic on price adjustment. 4.3.2.h Quality Assurance. Generally,purchases commercial of items rely on the supplier's existing quality assurance systems lieu of PostalService in inspectionand testing unlesscustomary marketpractices include in-process inspection. Anyin-processinspection by the Postal Servicemustbe conducted a manner in consistent with commercial practices. purchasing commercial items the policies andprocedures in 4.3.2.i Pricing. When Chapter mustbe usedto establish the reasonableness price. 5 of 4.3.2.j Contract Financing.Customary marketpractices for some commercial items may call for the buyerto providecontractfinancing.For instance,suppliers may customarily require a depositpdorto the start of contract performance. In these instances, purchase teamsmay considersuchfinancing (see 1.7.6). purchasingcommercial items, the Postal Service 4.3.2.k TechnicalData. When acquires only the technicaldata andrights in that datacustomarily provided to the public. It will be assumed the datadeliveredundera contractfor that commercial ~tems wasdeveloped exclusively at private expense.When a contract for commercial itemsrequiresthe delivery of technicaldata, the contractingofficer mustinclude the appropriateprovisionsandclauses delineating the dghtsin technical data (see Chapter8) as an addendum Form 8203,Order/Solicitation~Offer~Award 4.3.5.b). (see 4.3.2.1 Computer Software 1. Commercial computersoftware or commercial computersoftware documentation acquiredunderlicense customarilyprovidedto the is public or to other Federalagencies the extent suchlicensesare to consistentwith Federallaw andotherwisesatisfy the Postal Service needs. Generally, offerors andsupplierswill not be requiredto: (a) Furnishtechnical information related to commercial computer software or commercial computer software documentation is that not customarily provided the public; to

2.

Relinquish or otherwise to, providethe PostalService,dghtsto use, modify,reproduce, release, perform,display, or disclose commercial computer software or commercial computersoftware documentation exceptas mutuallyagreed by the parties. to With regard to commercial computer software and commercial computer software documentation, Postai Servicewill haveonly the thoserights specified in the license contained anyaddendum in to Form8203.

(b)

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4.3.2.rn OtherCustomary Commercial Practices. In the commercial marketplace, is it customary duringa giventransactionfor the buyerandseller to offer each other diffedng termsandconditions. Thetermsandconditions prescribed in this part seekto balance interests of boththe buyer the seller, and the and are generally appropriatefor usein a wide rangeof purchases. However, marketresearchmayindicate other customary commercial practices that are appropriate the purchase the particular item. If the purchase for of team determines suchpractices are essential to the success the purchase, of and if suchtermsandconditionsare not otherwise precluded law or executive by order, theymay incorporated be into the solicitation andcontract. 4.3.3

Solicitations

4.3.3.a Genera/. Solicitations for propo.sals quotations be done writing or or may in orally. 1. WrittenSolicitations. Because written solicitations providea clearer understanding the requirement,they should be usedwhenever of practicable. Purchasing teams strongly encouraged considerthe are to useof oral presentations reduce to cycle times andimprove understanding proposals.Form of 8203is usedas the requestfor proposalandsubsequent contract. Oral Solicitations. An oral solicitation may usedwhen wr~en be a solicitation would impracticable,as when be processing written a solicitation would cause delaydetrimental the PostalService,or a a to standing price quotation beingverified, tn thesecases,Form is 8203 is usedas a purchase order.

2.

4.3.3.b Standing Price Quotations. When is the practice for suppliersto furnish it standing price quotations suppliesor servicesrequiredon a recurring on basis, this information be used may insteadof issuinga wdtten solicitation for eachpurchase. suchcases,the contractingofficer mustensure In that the pdceinformation current andthat the Postal Service is obtainsthe benefit of the suppliers' trade discounts. 4.3.3.c Publicizing.See 3.5.3. 4.3.4

Receipt and Evaluation of Proposals and Quotations

4.3.4.a

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4.3.4.b Evaluation 1. Offers will be evaluatedin accordance the performance with evaluation factors contained the solicitation. For many in commercial items the supplier-specific performance evaluationfactors and pdceshouldbe sufficient to determine whichsupplieris offering the bestvalueto the Postal Service. 2. When solicitation adequately the describes item's intendeduse, the technical ability may evaluated howwell the productsmeetthe be by Postal Servicerequirements. Technicalevaluationgenerally includes the examination matterssuchas productliterature, productsamples of (if requested), technicalfeaturesandwarranty provisions. Contracting officers must ensure that the instructions provided Provision in 4-1, Instructions to Offerors-- Commercial Items, and the performance evaluation factors included in Provision 4-2, Evaluation--Commercial Items, are in agreement.

4.3.4.c Discussions.During the commercial purchasingprocess, discussionsmaybe held as described 4.2.5.c. in 4.3.4.d PHce.Beforecontract award,prices mustbe deemed andreasonable. fair 4.3.5

Contract Formatand Contents

4.3.5.a Genera] 1. Contractsfor commercial items must, whenever practicable, include only thoseclauses: (a) (b) 2. Required implement to provisions of law or executiveorders applicable to the purchase commercial of items; or Determined be consistent with customary to commercial practices.

Notwithstanding prescriptions containedelsewhere the PM,contracts in for commercial items shouldcontain only the provisions andclauses prescribed this part. These in provisionsandclauses be revised, may as necessary, reflect the applicability of statutes andexecutive to orders. In addition, depending the particular purchase the on and contract type, other PM clauses and provisions maybe added when appropriate (see4.3.6.g).

4.3.5.b Form 8203,Order/Solicitation~Offer~Award. issuing written solicitations, When awarding contracts, andplacing ordersfor commercial items, contracting officers mustuseForm 8203,Order~Solicitation/Offer/Award. form The containsthe information necessary orders, solicitations andcontractsfor for commercial items. 4.3.6

Provisions and Clauses

4.3.8.a Genera/.Form 8203c