UNITED STATES
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POSTAL SERVICE
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ORDER/SOLICITATION/OFFER/AWARD 1. REQUISITION NO
OFFEROR TO COMPLETE BLOCKS 13, 14, 16, 18, 23, 24 and 29 01-00398 PAGE 1 OF 1
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2. CONTRACT/ORDER NO. 3. AWARD/EFFECTIVE DATE 4. MASTER/AGENCY CONTRACT NO. 5. SOLICITATION NO. 6. SOLICITATION ISSUE DATE
072368-01-P--0378 04/06/01 072368-01-A-0040 12/15/2000
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7. FOR SOLICITATION a. NAME b. TELEPHONE NO. c. FACSIMILE NO. 8. OFFER DUE DATE/TIME
INFORMATION CALL Patricia D. Kain (303) 369-1248 (303) 369-1207 01/16/2001 2:00 PM (M)
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9. ISSUED BY: 10. ACO 11. SOLICITATION 12. DELIVERY FOR FOB 13. DISCOUNT TERMS
U S POSTAL SERVICE CODE METHOD DESTINATION UNLESS
PURCHASING & MATERIALS SERVICE CTR BLOCK IS CHECKED SEE 1.2
3300 S PARKER RD STE 400 [ ] RFQ
AURORA CO 80014-3500 072368 [X] RFP
EMAIL: pkain@email.usps.gov [ ] ORAL [X] SEE SCHEDULE
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14a. SUPPLIER 15a. BILLING INSTRUCTIONS
AMERICAN LOCKER SECURITY
SYSTEMS, INC.
608 ALLEN STREET
JAMESTOWN, NY 14701-3966 ELECTRONIC DATA INTERCHANGE
TEL: 800-828-9118 FAX: 716-483-2822
EMAIL: rglosser@americanlocker.com
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14.b. [ ] CHECK BOX IF REMITTANCE IS DIFFERENT 15b. SUBMIT INVOICES TO ADDRESS SHOWN BLOCK 15A
AND PUT SUCH ADDRESS IN OFFER UNLESS BLOCK IS CHECKED [ ] SEE ADDENDUM
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16. TYPE OF BUSINESS ORGANIZATION (Check all that apply) 17a. DELIVERY ADDRESS
a. [ ] MINORITY BUSINESS b. [ ] WOMAN-OWNED
1. [ ] BLACK AMERICAN c. [X] SMALL BUSINESS
2. [ ] HISPANIC AMERICAN d. [ ] EDUCATIONAL OR ESTABLISHED AT TIME ORDER IS ISSUED
3. [ ] NATIVE AMERICAN OTHER NON-PROFIT
4. [ ] ASIAN AMERICAN e. [ ] NONE OF THE ABOVE
ENTITIES 17b. PHONE NO.:
18. TAXPAYER IDENTIFICATION NO.: 16-1068506 17c. DELIVER BY/END DATE:
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19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
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TOTAL AWARD AMOUNT (USPS Use Only)
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26a. [X] Solicitation Incorporates By Reference PM Provision 4-1 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS, and PM Clause
4-2 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. PM Provision 4-3 OFFEROR REPRESENTATION AND
CERTIFICATIONS - COMMERCIAL ITEMS, and PM Clause 4-3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS - COMMERCIAL ITEMS. [X} are [ ] are not attached.
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26b. [ ] Contract/Purchase Order Incorporates By Reference PM Clause 4-2 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS.
PM Clause 4-3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. [ ] is
[ ] is not attached.
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27. [X] The supplier is required to sign this document and return 1 copies 28. [X] Award of Contract: Reference ___________
to the issuing office. The supplier agrees, subject to the terms and offer dated ________________. Your offer on
conditions specified herein, to provide and deliver all items identified solicitation (block 5), including any
above and on any additional sheets. additions or changes that are set forth
herein, is accept4ed as to Items 001 through
010.
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29a. SIGNATURE OF SUPPLIER 30a. UNITED STATES POSTAL SERVICE
/s/ Roy J. Glosser (SIGNATURE OF CONTRACTING OFFICER)
/s/ Roy C. Sandusky
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29b. PRINTED NAME AND TITLE OF SUPPLIER 29c. DATE SIGNED 30b. PRINTED NAME OF CONTRACTING OFFICER 30c. DATE SIGNED
ROY J. GLOSSER, PRESIDENT 2/15/01 Roy C. Sandusky 4/6/01
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PS FORM 8203
PART: 1
PRIVACY ACT STATEMENT
To the extent that the information you provide is about an individual,
the Privacy Act will apply. Collection of that information is
authorized by 39 USC 401. As a routine use, the information may be
disclosed to an appropriate government agency, domestic or foreign, for
law enforcement purposes; where pertinent, in a legal proceeding to
which the USPS is a party or has an interest; to a government agency in
order to obtain information relevant to a USPS decision concerning
employment, security clearances, contracts, licenses, grants, permits
or other benefits; to a government agency upon its request when
relevant to its decision concerning employment, security clearances,
security or suitability investigations, contracts, licenses, grants, or
other benefits; to a congressional office at your request; to an
expert, consultant, or other person under contract with the USPS to
fulfill an agency function; to the Federal Records Center for storage;
to the Office of Management and Budget for review of private relief
legislation; to an independent certified public accountant during an
official audit of USPS finances; to an investigator, administrative
judge or complaints examiner appointed by the Equal Employment
Opportunity Commission for investigation of a formal EEO complaint
under 29 CFR 1614; to the Merit Systems Protection Board or Office of
Special Counsel for proceedings or investigations involving personnel
practices and other matters within their jurisdiction; to a labor
organization as required by the National Labor Relations Act; to a
federal, state or local agency, financial institution or other
appropriate entity for the purpose of verifying an individual's or
entity's eligibility or suitability for engaging in a transaction. In
addition, the following disclosures may be made to any person: a
solicitation mailing list when a purchase is highly competitive and
competitions will not be harmed by release, or to provide an
opportunity for potential subcontractors seeking business; a list of
lessors of real or personal property to the Postal Service; a list of
entities with whom the Postal Service transacts for goods or services,
interests in real property, construction, financial instruments, or
intellectual property; and the identity of the successful offeror.
Completion of this form is voluntary; however, if this information is
not provided, we will be unable to process your request.
Page: 2
PART: 1
072368-01-A-0040
PART 1 - CONTINUATION SHEET/SCHEDULE
1.1 MANDATORY SPECIFICATIONS (CLAUSE OB-58) (JUNE 1988)
Detailed technical specifications are incorporated by reference in
Section I.
1.2 ITEMS AND PRICES (CLAUSE OB-89) (JUNE 1988) (TAILORED)
The contractor shall provide Cluster Box Units (CBU's), Outdoor Parcel
Lockers (OPL's), and replacement pedestals as listed below and in
accordance with the mandatory specifications. The delivery requirement
is seven (7) days from the date the supplier receives an order to the
date of shipment.
Pricing to be submitted on an FOB origin basis. Supplier will issue
Government Bills of Lading (GBL) using the Freight Traffic Management
System (FTMS), in accordance with Attachment 2, FTMS User's Guide.
Supplier must submit, at a minimum, unit pricing for each item listed
below, and is encouraged to submit additional detailed pricing
proposals, including but not limited to, pricing based on volume
discounts, volume rebates, guaranteed quantities, and alternative
delivery schedules. Each of supplier's pricing proposal(s) to indicate
composition of products offered, i.e., metal, plastic, etc.
Pricing for CBU's and OPL's (Items, 001, 002, 003, 004 and 009) to
include the box or parcel locker AND the pedestal.
ITEM NUMBER AND DESCRIPTION
001 Type I CBU: 8 customer compartments, 2 parcel compartments, 1
outgoing mail compartment
002 Type II CBU: 12 customer compartments, 1 parcel compartment,
1 outgoing mail compartment
003 Type III CBU: 16 customer compartments, 2 parcel compartments,
1 outgoing mail compartment
004 Type IV CBU: 13 customer compartments, 1 parcel compartment,
1 outgoing mail compartment
005 Replacement Pedestal for Type I CBU
006 Replacement Pedestal for Type II CBU
007 Replacement Pedestal for Type III CBU
Page: 3
PART: 1
008 Replacement Pedestal for Type IV CBU
009 Type I OPL: 2 parcel compartments
010 Replacement Pedestal for Type I OPL
011 Replacement Pedestal for Neighborhood Delivery and Collection
Box Units (NDCBU's)
012 Universal Replacement Pedestal - Indicate in pricing
proposal(s) which equipment it fits.
As new central delivery equipment products are tested and approved by
Postal Service Engineering, the Contracting Officer will conducting
negotiations with the supplier to incorporate the approved product into
the contract.
1.3 TERM OF CONTRACT (CLAUSE OB-12) (JUNE 1988) (TAILORED)
The initial term of the contract is for a two-year period commencing
April 15, 2001. The Postal Service may, at its sole option, renew the
contract for four additional two-year terms. If the Postal Service
elects to renew the contract, the contracting officer will give the
supplier 60 days written notice prior to the end of each two-year
performance period. The supplier is to notify the contracting officer
in writing 90 days prior to the end of each two-year performance period
if, for any reason, the supplier would not agree to the Postal Service
exercising its option to extend the contract.
1.4 ACKNOWLEDGEMENT OF AMENDMENTS (CLAUSE OB-199) (JANUARY 1997)
The offeror acknowledges receipt of amendments to the solicitation
numbered and dated as follows:
Amendment Number Date Amendment Number Date
A01 1/16/01
--- ------- ----------- ----
A02 2/9/01
--- ------ ----------- ----
A03 2/12/01
--- ------- ----------- ----
A04 2/15/01
--- ------- ----------- ----
Page: 4
PART: 2
072368-01-A-0040
PART 2 - CLAUSES
2.1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (CLAUSE 4-2) (JANUARY
1997) (TAILORED)
a. Assignment. The supplier or its assignee's rights to be
paid amounts due as a result of performance of this contract
may be assigned to a bank, trust company, or other financing
institution, including any Federal lending agency in
accordance with the Assignment of Claims Act (31 U.S.C. 3727).
b. Changes. Changes in the terms and conditions of this contract
may be made only in written agreement of the parties.
c. Disputes. The contract is subject to the Contract Disputes
Act of 1978, as amended (41 U.S.C. 601-613). Failure of
the parties to this contract to reach agreement on any
request for equitable adjustment, claim, appeal or action
arising under or relating to this contract shall be a dispute
to be resolved in accordance with the clause at PM B-9
Claims and Disputes, which is incorporated herein by
reference. The supplier shall proceed diligently with
performance of this contract pending final resolution of
any dispute arising under the contract.
d. Definitions. The clause at PM B-1, Definitions, is
incorporated herein by reference.
e. Excusable delays. The supplier shall be liable for default
unless nonperformance is caused by occurrence beyond
reasonable control of the supplier and without fault or
negligence such as acts of God or the public enemy, acts
of the Postal Service in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions,
strikes, usually severe weather, and delays of common
carriers. The supplier shall notify the contracting officer
in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full
particulars in connection therewith, shall remedy such
occurrence with all reasonable dispatch, and shall promptly
give written notice to the contracting officer of the
cessation of such occurrence.
f. Invoice. The supplier shall submit an original invoice and
three copies (or electronic invoice if authorized) to
the address designated in the contract to receive invoices.
An invoice must include
1. Name and Address of the supplier
2. Invoice date;
3. Contract number, contract line number and if applicable,
the order number;
Page: 5
PART: 2
4. Description, quantity, unit of measure, unit price and
extended price of the items delivered;
5. Shipping number and date of shipment including the bill
of lading number and weight of shipment if shipped on a
Postal Service bill of lading;
6. Terms of any prompt payment discount offered;
7. Name and address of official to whom payment is to be
sent; and
8. Name, title and phone number of person to be notified in
event of defective invoice.
Invoices will be handled in accordance with the Prompt Payment
Act (31 U.S.C. 3903) and Office of Management and Budget (OMB)
Circular A-125, Prompt Payment.
g. Patent indemnity. The supplier shall indemnify the Postal
Service and its officers, employees and agents against
liability, including costs for actual or alleged direct or
contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark or copyright,
arising out of the performance of this contract, provided the
supplier is reasonably notified of such claims and
proceedings.
h. Payment. Payment shall be made for items accepted by the
Postal Service that have been delivered to the delivery
destinations set forth in this contract. The Postal Service
will make payment in accordance with the Prompt Payment Act
(31 U.S.C. 3903) and Office of Management and Budget (OMB)
Circular A-125, Prompt Payment. Payments under this contract
may be made by the Postal Service either by check or
electronic funds transfer at the option of the Postal Service.
In conjunction with any discount offered for early payment,
time shall be computed from the date of the invoice. For
purposes of computing the discount earned, payment shall be
considered to have been made on the date which appears on the
payment check or the date on which an electronic funds
transfer was made.
i. Risk of loss. Unless the contract specifically provides
otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the supplier until, and
shall pass to the Postal Service upon:
1. Delivery of the supplies to a carrier, if transportation
of f.o.b. origin, or;
2. Delivery of the supplies to the Postal Service at
the destination specified in the contract, if
transportation is f.o.b. destination.
j. Taxes. The contract price includes all applicable Federal,
State, and local taxes and duties.
Page: 6
PART: 2
k. Termination for the Postal Service's convenience. The Postal
Service reserves the right to terminate this contract, or any
part hereof, for its sole convenience. In the event of such
termination, the supplier shall immediately stop all work and
shall immediately cause any and all of its suppliers and
subcontractors to cease work. Subject to the terms of this
contract, the supplier shall be paid a percentage of the work
performed prior to the notice of termination, plus reasonable
charges the supplier can demonstrate to the satisfaction of
the Postal Service using its standard record keeping system,
have resulted from the termination. The supplier shall not be
required to comply with the cost accounting standards and
principles for this purpose. This paragraph does not give the
Postal Service any right to audit the supplier's records. The
supplier shall not be paid for any work performed or costs
incurred which reasonable could have been avoided.
l. Termination for default. The Postal Service may terminate this
contract, or any part hereof, for default by the supplier, or
if the supplier fails to provide the Postal Service, upon
request, with adequate assurance of future performance. In the
event of termination for default, the Postal Service shall not
be liable to the supplier for any amount for supplies or
services not accepted, and the supplier shall be liable to the
Postal Service for any and all rights and remedies provided by
law. If it is determined that the Postal Service improperly
terminated this contract for default, such termination shall
be deemed a termination for convenience.
m. Title. Unless specified elsewhere in this contract, title
to items furnished under this contract shall pass to the
Postal Service upon acceptance, regardless of when or were the
Postal Service takes physical possession.
n. Warranty. The supplier warrants and implies that the items
delivered under this contract are merchantable and fit for the
use for the particular purpose described in this contract.
o. Limitation of liability. Except as otherwise provided by an
express or implied warranty, the supplier will not be liable
to the Postal Service for consequential damages resulting from
any defect or deficiencies in accepted items.
p. Other compliances. The supplier shall comply with all
applicable Federal, State, and local laws, executive orders,
rules and regulations applicable to its performance under this
contract.
q. Order of precedence. Any inconsistencies in this solicitation
or contract shall be resolved by giving precedence in the
following order: (1) the schedule of supplies and services;
(2) the Assignment, Disputes, Payments, Invoice, Other
Compliances and Compliance with Laws Unique to the Postal
Service Contracts paragraphs of this clause; (3) the clause at
4-3 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders - Commercial Items; (4) addenda
to this solicitation or contract, including any license
agreements for computer software; (5) solicitation provisions
if this is a solicitation; (6) other paragraphs of this
Page: 7
PART: 2
clause; (7) PS Form 8203; (8) other documents, exhibits, and
attachments, and (9) the specifications.
2.2 INSPECTION AND ACCEPTANCE - SUPPLIES (CLAUSE 2-1) (JUNE 1999)
a. The supplier must ensure and be able to substantiate that all
supplies and services purchased by the Postal Service conform
to the requirements specified in the contract.
b. The Postal Service may reject defective supplies or services
and:
1. Require replacement or correction of the defects
without cost to the Postal Service;
2. Acquire replacement products at the supplier's expense;
or
3. Accept the supplies or services at a reduced price.
c. The contracting officer may revoke acceptance if nonconforming
performance is accepted (1) because it has not been discovered
before acceptance, as a result of the difficulty of discovery
or because of the supplier's assurances, or (2) on the basis
of a reasonable assumption that it would be cured.
d. The Postal Service has the same rights and duties upon
revocation as upon rejection. Revocation of acceptance must
occur within a reasonable time after the contracting officer
discovers the deficiency.
e. The Postal Service reserves the right to inspect the supplies
or services provided under this contract at any stage of
contract performance. Inspection by the Postal Service does
not relieve the supplier of the responsibility to provide
performance that conforms to the requirements set forth in
this contract.
2.3 QUALITY ASSURANCE II - SUPPLIES (CLAUSE 2-3) (JANUARY 1997)
a. The supplier's quality system must comply with the ISO 9001
quality system model, or a quality system deemed equivalent by
the Postal Service.
b. The Postal Service has the right to evaluate the acceptability
and effectiveness of the supplier's quality system, before
award, and during contract performance.
c. All supplier records pertaining to this contract must be kept
by the supplier during contract performance and for three
years after final payment is made under this contract.
Page: 8
PART: 2
2.4 REPLACEMENT PARTS AVAILABILITY (CLAUSE OB-87) (JUNE 1988)
The contractor guarantees that replacement parts for each item in this
contract will be available for the system's or item's life. The
contractor must notify the Postal Service at least 180 days before
anticipated phase-out of any replacement parts. If parts will not be
available from the contractor and the Postal Service has a continued
need for them, the Postal Service may require the contractor to furnish
data to assist the Postal Service in obtaining them from another
source.
2.5 PREFERENCE FOR DOMESTIC SUPPLIES (CLAUSE 1-9) (APRIL 2000)
a. A six percent proposal evaluation preference will be given to
domestic-source end products in accordance with chapter 1,
section 7 of the USPS Purchasing Manual. For the purposes of
this clause:
(1) End products. Articles, materials, and supplies to
be acquired under this contract for Postal Service
use;
(2) Components. Articles, materials, and supplies
directly incorporated in end products; and
(3) Domestic-source end product. This is (a) an
unmanufactured end product mined or produced in the
United States, or (b) an end product manufactured in
the United States the cost of whose components mined,
produced, or manufactured in the United States
exceeds 50 percent of the cost of all its components.
For procurements in excess of $25,000, Canadian end
products are treated as domestic. Components of
foreign origin of the kind referred to in
subparagraphs b(2) or b(3) below will be treated as
components mined, produced, or manufactured in the
United States.
b. The contractor agrees that there will be delivered under this
contract only domestic-source end products, except end
products:
(1) That the Postal Service determines are not mined,
produced, or manufactured in the United States in
sufficient and reasonably available commercial
quantities and of a satisfactory quality;
(2) For which the vice president of Purchasing and
Materials determines that domestic preference is
inconsistent with the interest of the Postal Service;
or
(3) For which the vice president of Purchasing and
Materials determines the cost to the Postal Service
to be unreasonable.
Page: 9
PART: 2
2.6 ORDERING (CLAUSE 2-39) (JANUARY 1997) (TAILORED)
a. Supplies to be furnished under this contract will be ordered
by electronic data interchange (EDI) only during the period
and by the activities specified in the Schedule.
b. The supplier must report to the contracting officer in the
format and intervals specified in the Schedule.
c. All orders are subject to the terms and conditions of this
contract. If there is any conflict between an order and this
contract, the contract is controlling.
2.7 ELECTRONIC DATA INTERCHANGE (EDI)
a. Supplier's system must be implemented, operational and usable
in the Postal Service Electronic Data Interchange (EDI)
environment within 30 calendar days following contract award,
or by the contract effective date, whichever is earlier. USPS
EDI standards are included as Attachment 4, Supplier Interface
Guide for Electronic Ordering.
b. The Postal Service will conduct business to business EDI
exchange acceptance testing to verify the supplier's
capability utilizing test scripts, files, verifying mapping,
system testing, error notification, etc., at no charge to
either party prior to supplier bringing up a fully operational
and usable system.
2.8 OFFICES AUTHORIZED TO PLACE ORDERS
Orders are to be placed by the designated ordering officials at the
approximate 85 ordering locations. A list of ordering officials will be
provided at time of contract award.
2.9 REPORTS
The supplier must provide reports by accounting period of all units
ordered and all units delivered under this contract. The reports must
be sorted by District and mailed at the close of each accounting period
to each District ordering office with activity for that accounting
period. Report information is to be compiled using the software
provided by the Postal Service and must be transmitted electronically
to the Contracting Officer at the close of each accounting period.
2.10 PACKING FOR DOMESTIC AND OVERSEAS SHIPMENT (CLAUSE OB-9) (JANUARY 1997)
(TAILORED)
Material must be packed for shipment in such a manner that will ensure
acceptance by the Postal Service or common carriers and safe delivery
at destination. Containers and closures must comply with the Interstate
Commerce Commission regulations, Uniform
Page: 10
PART: 2
Freight Classification Rules, or regulations of other carriers as
applicable to the mode of transportation.
Material must be packed for overseas shipment in accordance with the
best commercial export practice suitable for water movement, to arrive
undamaged at ultimate destination.
All orders must be palletized and must be strapped or shrink-wrapped to
pallets. Delivery offices must be notified at least 24 hours in advance
of delivery.
Offices having special delivery or notification requirements must
clearly note any special instructions on the order.
2.11 MARKING REQUIREMENTS (CLAUSE OB-33) (SEPTEMBER 1988)
The contractor must mark/stencil all shipping containers as follows:
United States Postal Service
(Description of Contents)
(Contract No.)
(Delivery Order No., if any)
(Contractor Name and Address)
Parenthetical part of marking requires insertion of data by the
contractor.
2.12 OPTION TO RENEW (WITH PRELIMINARY NOTICE) (CLAUSE 2-20) (JANUARY 1997)
This contract is renewable, at the option of the Postal Service, by the
contracting officer giving written notice of renewal to the supplier
within the period specified in the Schedule; provided that, the
contracting officer will have given preliminary notice of the Postal
Service's intent to renew at least sixty (60) days before this contract
is to expire (such a preliminary notice will not be deemed to commit
the Postal Service to renewals). If the Postal Service exercises this
option for renewal, the contract as renewed includes this option
clause. The duration of this contract, including renewals, may not
exceed the time limit set forth in the Schedule.
2.13 ECONOMIC PRICE ADJUSTMENT (INDEX METHOD) (CLAUSE 2-29) (JANUARY 1997)
(TAILORED)
Regardless of actual changes in the cost of labor and material during
the performance period of this contract, price adjustments necessitated
by such changes shall be considered annually only as provided in this
clause.
Supplier is required to provide cost disclosure on all box types for
each pricing proposal submitted. This will become the baseline for all
future price adjustments. Parties to
Page: 11
PART: 2
agree on the price/cost rates (i.e., overhead, G&A, profit) to be
used. The Bureau of Labor Statistics published index becomes
source data for all future price adjustments of the contract's
established baseline.
The adjustment formula may identify some or all of the following as
appropriate:
1. Contract line items, cycles, production runs or such other
portion of the contract that will be subject to adjustment
according to this clause;
2. base unit price to be adjusted;
3. portion of the base unit price subject to adjustment;
4. index that will be used for the adjustment, paying particular
attention to describe the index to avoid confusion over which
release (i.e., preliminary, seasonally adjusted, subsequently
revised, or final), issue, or date will be applicable;
5. percent of the price governed by the chosen index;
6. adjustment period;
7. base period; and
8. degree of specificity of the result (i.e., number of decimal
places to be used).
Index possibilities include the following:
ALUMINUM
1. PP1133541225NS (aluminum other extruded shapes - except tube)
2. PAL380)ALY (Metals Week 380 alloy spot price - cents per lb)
PLASTIC
1. PP11282INS (plastic materials and resins)
2. PP13083NS (laminated plastic plate, sheet and profile shapes)
DIRECT LABOR
1. ECIWSPBNFS (eci, wages and salaries nonfarm laborers)
Should the selected index be discontinued or substantially altered,
both parties shall agree upon an appropriate replacement.
Page: 12
PART: 2
2.14 DELIVERY-ORDER LIMITATIONS (CLAUSE 2-40) (JANUARY 1997) (TAILORED)
a. Each Postal District is prohibited from ordering in excess of
100 units in any single order, or 300 during any monthly
period, without the supplier's assurance that the delivery
requirement of the contract will not be jeopardized and that
acceptance of excess quantities from one District will not
prohibit other Districts from placing orders against the
contract.
b. If it is the supplier's intent not to honor an order received
that exceeds the limitations stated in paragraph a. above, the
supplier must return the order to the ordering office within
one day after issuance, with a written notice rejecting the
order and giving the reasons. The Postal Service may then
obtain the supplies from another source. If the supplier does
not return the order with a notice of rejection as required,
the supplier must honor the order as issued.
2.15 INDEFINITE QUANTITY (CLAUSE 2-42) (JANUARY 1997) (TAILORED)
a. This is an indefinite-quantity contract; the supplies
specified in the Schedule are not purchased until ordered.
b. Delivery or performance must be as directed in orders issued
in accordance with the Ordering clause and the contract
Schedule. The supplier must furnish to the Postal Service,
when ordered, the supplies specified in the Schedule. There is
no limit on the number of orders that may be issued. Orders
may require delivery to multiple destinations.
c. Any order issued during the effective period of this contract
and not completed within that period must be completed by the
supplier within the time specified in the order, and the
rights and obligations of the supplier and the Postal Service
with respect to the order will be the same as if the order
were completed during the effective period of the contract.
2.16 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS - COMMERCIAL ITEMS (CLAUSE 4-3) (DECEMBER 1999)
a. The following clauses are incorporated in this contract by
reference:
(1) Clause 9-1, Convict Labor (January 1997)
(2) Clause 9-5, Contract Work Hours and Safety Standards
Act - Safety Standards (January 1997)
b. If this contract is valued at $500,000 or more, Clause 3-2,
Participation of Small, Minority, and Woman-owned Businesses,
is incorporated into this contract by reference.
Page: 13
PART: 2
c. If checked, the following clauses are incorporated in this
contract by reference:
(Contracting officer will check as appropriate)
[_](1) Clause 9-10, Service Contract Act (January 1997)
[_](2) Clause 9-12, Fair Labor Standards Acts and Services
Contract Act - Price Adjustments (January 1997)
[_](3) Clause 9-2, Contract Work Hours and Safety Standards
Act - Overtime Compensation (January 1997)
[_](4) Clause 9-3, Davis-Bacon Act (January 1997)
[X](5) Clause 9-7, Equal Opportunity (January 1997)
[X](6) Clause 9-13, Affirmative Action for Handicapped
Workers (January 1997)
[X](7) Clause 9-14, Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era (January 1997)
d. Examination of Records. The Postal Service or its authorized
representative shall have access to and right to examine any
of the supplier's directly pertinent records involving
transactions related to this contract. The supplier shall
make available at its offices at all reasonable times the
records, materials and other evidence for examination, audit,
or reproduction, until 3 years after final payment under this
contract or for any shorter period specified for particular
records. If this contract is completely or partially
terminated, the records relating to the work terminated sh
all be made available for 3 years after any resulting final
termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims
arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are
finally resolved. As used in this clause, records include
books, documents, account procedures and practices, and other
data, regardless of type and regardless of form. This does
not require the supplier to create or maintain any record that
the supplier does not maintain in the ordinary course of
business or pursuant to a provision of law.
e. Notwithstanding the requirements of the clauses in paragraphs
a., b., c., or d. of this clause, the supplier is not required
to include any PM clause, other than those listed below (and
as may be required by an addenda to this paragraph) in a
subcontract for commercial items or commercial components:
(1) Clause 9-7, Equal Opportunity (January 1997)
(2) Clause 9-14, Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era (January 1997)
(3) Clause 9-13, Affirmative Action for Handicapped
Workers (January 1997)
Page: 14
PART: 2
2.17 FAILURE TO DELIVER
The supplier's failure to deliver within the stipulated timeframes of
this contract shall allow the Postal Service the option of giving the
order to another source or take other appropriate action. Supplier's
failure to perform will subject supplier to the Liquidated Damages
clause of this contract.
If this contract is awarded based on minimum/maximum quantities and the
Postal Service exercises its right to go to another source for those
quantities the supplier failed to deliver, the Postal Service shall
apply those quantities to the minimum quantities indicated in this
contract.
2.18 LIQUIDATED DAMAGES (CLAUSE 2-10) (JANUARY 1997) (TAILORED)
a. If the supplier fails to deliver the supplies within the time
specified in this contract, or any extension, the supplier
must, in place of actual damages, pay to the Postal Service
$1.00 per unit for liquidated damages for each calendar day of
delay.
b. If completion, delivery, or performance is delayed beyond the
contract dates, the Postal Service may terminate this contract
in whole or in part under the termination for default clause,
and the supplier will be liable for the agreed liquidated
damages accruing until the time the Postal Service may
reasonably obtain delivery or performance of similar
facilities, supplies, or services. The liquidated damages will
be in addition to excess costs of reprocurement.
c. The supplier will not be charged with liquidated damages when
the delay in completion, delivery, or performance arises out
of causes beyond the control and without the fault or
negligence of the supplier.
2.19 SMALL, MINORITY AND WOMAN-OWNED BUSINESS SUBCONTRACTING REQUIREMENTS
(CLAUSE 3-1) (FEBRUARY 1999)
a. All suppliers except small businesses must submit a
subcontracting plan that is specific to this contract, and
that separately addresses subcontracting with small, minority
and woman-owned businesses. A plan approved by the Postal
Service must be included in and made a part of the contract.
Lack of an approved plan may make the supplier ineligible for
award. A subcontract is defined as any agreement (other than
one involving an employer-employee relationship) entered into
by a Postal Service supplier or subcontractor calling for
supplies or services required for performance of the contract
or subcontract.
b. The supplier's subcontracting plan must include the following:
1. Goals, in terms of percentages of the total amount of
this contract that the supplier will endeavor to
subcontract to small, minority and woman-owned
Page: 15
PART: 2
businesses. The supplier must include all
subcontracts that contribute to contract performance,
and may include a proportionate share of supplies and
services that are normally allocated as indirect
costs.
2. A statement of the:
(a) Total dollars planned to be subcontracted
under this contract; and
(b) Total of that amount planned to be
subcontracted to small, minority and woman-
owned businesses.
3. A description of the principal types of supplies and
services to be subcontracted under this contract,
identifying the types planned for subcontracting to
small, minority and woman-owned businesses.
4. A description of the method used to develop the
subcontracting goals for this contract.
5. A description of the method used to identify
potential sources for solicitation purposes, and a
description of efforts the supplier will make to
ensure that small, minority and woman-owned
businesses have an equitable opportunity to compete
for subcontracts.
6. A statement as to whether the offer included indirect
costs in establishing subcontracting goals for this
contract, and a description of the method used to
determine the proportionate share of indirect costs
to be incurred with small, minority and woman-owned
businesses.
7. The name of the individual employed by the supplier
who will administer the subcontracting program, and
a description of the individual's duties.
8. Assurances that the supplier will require all
subcontractors receiving subcontracts in excess of
$1,000,000 to adopt a plan similar to the plan agreed
to by the supplier.
9. A description of the types of records the supplier
will maintain to demonstrate compliance with the
requirements and goals in the plan for this contract.
The records must include at least the:
(a) Source lists, guides, and other data
identifying small, minority and woman-owned
businesses;
(b) Organizations contacted in an attempt to
locate sources that are small, minority and
woman-owned businesses;
(c) Records on each subcontract solicitation
resulting in an award of more that $100,000,
indicating whether small, minority or
woman-owned businesses were solicited and if
not, why not;
Page: 16
PART: 2
(d) Records to support subcontract award data,
including the name, address, and business
size of each subcontractor.
c. Reports. The supplier must provide reports on subcontracting
activity under this contract on a calendar-quarter basis. The
report must be one of the types described in Clause 3-2,
Participation of Small, Minority and Woman-owned Businesses.
2.20 PARTICIPATION OF SMALL, MINORITY AND WOMAN-OWNED BUSINESSES
(CLAUSE 3-2) (FEBRUARY 1999)
a. The policy of the Postal Service is to encourage the
participation of small, minority and woman-owned businesses in
its purchases of supplies and services to the maximum extent
practicable consistent with efficient contract performance.
The supplier agrees to follow the same policy in performing
this contract.
b. Subject to the agreement of the supplier and the Postal
Service, the supplier will report subcontracting activity on
one of the following bases:
1. Showing direct subcontracting awards made under this
contract;
2. Showing subcontracting activity that is allocable to
this contract using generally accepted accounting
practices; or
3. A combination of the methods listed above.
c. The supplier will submit a report to the contracting officer
within 15 calendar days after the end of each calendar-year
quarter, describing all subcontract awards to small, minority,
or woman-owned businesses. The contracting officer may require
more frequent reports.
2.21 VALUE ENGINEERING INCENTIVE (CLAUSE 2-22) (JANUARY 1997)
a. General. The supplier is encouraged to develop and submit
value engineering change proposals (VECPs) voluntarily. The
supplier will share in savings realized from an accepted VECP
as provided in paragraph h below.
b. Definitions
1. Value Engineering Change Proposal (VECP). A proposal
that:
(a) Requires a change to the instant contract;
(b) Results in savings to the instant contract;
and
(c) Does not involve a change in:
Page: 17
PART: 2
(i) Deliverable end items only;
(ii) Test quantities due solely to
results of previous testing under
the instant contract; or
(iii) Contract type only.
2. Instant Contract. The contract under which a VECP is
submitted. It does not include additional contract
quantities.
3. Additional Contract Quantity. An increase in
quantity after acceptance of a VECP due to contract
modification, exercise of an option, or additional
orders (except orders under indefinite-delivery
contracts within the original maximum quantity
limitations).
4. Postal Service Costs. Costs to the Postal Service
resulting from developing and implementing a VECP,
such as net increases in the cost of testing,
operations, maintenance, logistics support, or
property furnished . Normal administrative costs of
processing the VECP are excluded.
5. Instant Contract Savings. The estimated cost of
performing the instant contract without implementing
a VECP minus the sum of (a) the estimated cost of
performance after implementing the VECP and (b)
Postal Service costs.
6. Additional Contract Savings. The estimated cost of
performance or delivering additional quantities
without the implementation of a VECP minus the sum of
(a) the estimated cost of performance after the VECP
is implemented and (b) Postal Service cost.
7. Supplier's Development and Implementation C osts.
Supplier's cost in developing, testing, preparing,
and submitting a VECP. Also included are the
supplier's cost to make the contractual changes
resulting from the Postal Service acceptance of the
VECP.
c. Content. A VECP must include the following:
1. A description of the difference between the existing
contract requirement and that proposed, the
comparative advantages and disadvantages of each, a
justification when an item's function or
characteristics are being altered, the effect of the
change on the end item's performance, and any
pertinent objective test data.
2. A list and analysis of the contract requirements that
must be changed if the VECP is accepted, including
any suggested specification revisions.
3. A separate, detailed cost estimate for (a) the
affected portions of the existing contract
requirement and (b) the VECP. The cost reduction
associated with the VECP must take into account the
supplier's allowable development and implementation
costs.
Page: 18
PART: 2
4. A description and estimate of costs the Postal
Service may incur in implementing the VECP, such as
test and evaluation and operating and support costs.
5. A prediction of any effects the proposed change would
have on Postal Service costs.
6. A statement of the time by which a contract
modification accepting the VECP must be issued in
order to achieve the maximum cost reduction, noting
any effect on the contract completion time or
delivery schedule.
7. Identification of any previous submissions of the
VECP to the Postal Service, including the dates
submitted, purchasing offices, contract numbers,
and actions taken.
d. Submission. The supplier must submit VECPs to the contracting
officer.
e. Postal Service Action.
1. The contracting officer will give the supplier
written notification of action taken on a VECP within
60 days after receipt. If additional time is needed,
the contracting officer will notify the supplier,
within the 60-day period, of the expected date of a
decision. The Postal Service will process VECPs
expeditiously but will not be liable for any delay in
acting upon a VECP.
2. If a VECP is not accepted, the contracting officer
will so notify the supplier, explaining the reasons
for rejection.
f. Withdrawal. The supplier may withdraw a VECP, in whole or in
part, at any time before its acceptance.
g. Acceptance.
1. Acceptance of a VECP, in whole or in part, will be by
execution of a supplemental agreement modifying this
contract and citing this clause. If agreement on
price (see paragraph h below) is reserved for a later
supplemental agreement, and if such agreement cannot
be reached, the disagreement is subject to the Claims
and Disputes clause of this contract.
2. Until a VECP is accepted by contract modification,
the supplier must perform in accordance with the
existing contract.
3. The contracting officer's decision to accept or
reject all or any part of a VECP is final and not
subject to the Claims and Disputes clause or
otherwise subject to litigation under the Contract
Disputes Act of 1978 (41 U.S.C. 601-613).
Page: 19
PART: 2
h. Sharing. If a VECP is accepted, the supplier will share in
the contract savings as follows:
1. Instant Contract Savings. The supplier and the Postal
Service will share equally in instant contract
savings. Sharing will be accomplished by a
modification reducing the contract price by an amount
equal to 50 percent of the instant contract savings
minus the supplier's allowable VECP development and
implementation costs.
2. Additional Contract Savings. Unless this is a
construction contract, the supplier will receive 25
percent of additional contract savings. Sharing will
be accomplished by negotiating a price for the
additional contract quantity that reflects a
reduction in price by 75 percent of additional
contract savings.
3. Construction Contracts. If this is a construction
contract, only instant contract savings will be
shared. Sharing will be accomplished in accordance
with subparagraph h.1 above.
i. Data.
1. The supplier may restrict the Postal Service's right
to use any part of a VECP or the supporting data by
marking the following legend on the affected parts:
"These data, furnished under the Value Engineering
Incentive clause of contract , may not be disclosed
outside the Postal Service or duplicated, used, or
disclosed, in whole or in part, for any purpose other
than to evaluate a value engineering change proposal
submitted under the clause. This restriction does not
limit the Postal Service's right to use information
contained in these data if it has been obtained or is
otherwise available from the supplier or from another
source without limitation."
2. If a VECP is accepted, the supplier hereby grants the
Postal Service unlimited rights in the VECP and
supporting data, except that, with respect to data
qualifying and submitted as limited rights technical
data, the Postal Service will have the rights
specified in the contract modification implementing
the VECP and will appropriately mark the data. (The
terms "unlimited rights" and "limited rights" are
defined in chapter 9 of the USPS Purchasing Manual.)
Page: 20
PART: 2
2.22 EQUAL OPPORTUNITY PREAWARD COMPLIANCE OF SUBCONTRACTS (CLAUSE 9-9)
(JANUARY 1997)
The supplier may not enter into a first-tier subcontract for an
estimated or actual amount of $10 million or more without obtaining in
writing from the contracting officer a clearance that the proposed
subcontractor is in compliance with equal opportunity requirements and
therefore eligible for award.
Page: 21
PART: 3
072368-01-A-0040
PART 3 - PROVISIONS
3.1 BUY AMERICAN CERTIFICATE - SUPPLIES (PROVISION 1-4) (JANUARY 1997)
The offeror certifies that each end product, except those listed below,
is a domestic-source end product (as defined in the Preference for
Domestic Supplies clause) and that components of unknown origin are
considered to have been mined, produced, or manufactured outside the
United States. Excluded end products (Offeror show country of origin
for each excluded end product):
- - - - NONE - - - -
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
3.2 TYPE OF CONTRACT (PROVISION 2-6) (JANUARY 1997)
The Postal Service plans to award a firm fixed price type of contract
under this solicitation, and all proposals must be submitted on this
basis. Alternate proposals based on other contract types [___] will [X]
will not be considered.
3.3 PREQUALIFIED SOURCES OR SERVICE SUPPLIERS AND APPROVED PRODUCTS
(PROVISION OA-38) (JUNE 1988)
a. This solicitation identifies supplies or services to which a
qualification requirement applies. With respect to those
supplies or services, the contracting officer reserves the
right to consider only the proposals of offerors who appear,
or whose products appear, on the approved products list,
qualified manufacturers list, or qualified offerors list
appropriate to this solicitation as of the effective date of
this solicitation.
b. Unless determined by the contracting officer to be in the
Postal Service's best interests, this procurement will not be
delayed in order to provide an offeror the opportunity to meet
standards specified for qualification.
3.4 PLACE OF PERFORMANCE (PROVISION A-23) (JANUARY 1997)
If the offeror intends, in the performance of any contract resulting
from this solicitation, to use one or more facilities located at
addresses different from the offeror's address as indicated in this
proposal, the offeror must include in its proposal a statement
referencing
Page: 22
PART: 3
this provision and identifying those facilities by street address,
city, country, state, and ZIP Code, and the name and address
of the operators of those facilities if other than the offeror.
American Locker produces CBUs at 608 Allen Street, Jamestown, NY 14701.
Outdoor Parcel Lockers are produced at 583 Allen Street, Jamestown, NY
14701. Both facilities are audited by the USPS.
3.5 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS (PROVISION 4-1)
(JANUARY 1997) (TAILORED)
a. Submission of offers. Submit signed and dated offers to the
office specified in this solicitation at or before the exact
time specified on this solicitation. Offers may be submitted
on Form 8203, Order/Solicitation/Offer/Award, letterhead
stationery, or as otherwise specified in the solicitation.
Offer is to address in writing each of the evaluation factors
listed below. The offeror is to include as a minimum the
following information for each evaluation factor:
1 CURRENT AND PAST PERFORMANCE. Provide information and
references to document a record of satisfactory
performance on other contracts for similar work and
magnitude. Current and past performance as
distinguished from experience examines the quality of
a supplier's business record, not just the
accomplishment of a certain type of work. The offeror
must address in writing each of the following four
subfactors which will be evaluated as part of current
and past performance:
a. quality - a record of conformance to contract
requirements and standards of good
workmanship;
b. supply chain management (the supplier's
management of total material flow from all
levels of subcontractors), including the
following three core processes:
o procurement - evaluating the market,
determining the best suppliers,
meeting the company's cost and
quality objectives, and consolidating
the supply base;
o continuous improvement - identifying
opportunities for optimizing
materials, service flow and usage;
implementing best practices;
reducing total cost of ownership;
eliminating superfluous work; and
o innovation - breaking through to new
levels of benefits and cost
improvements through changes in
processes, products or technologies.
Page: 23
PART: 3
c. timeliness of performance - adherence to
contract schedules, including the
administrative aspects of performance; and
d. business relations - a history of being
reasonable and cooperative with customers,
commitment to customer satisfaction,
integrity and ethics.
2 SUPPLIER CAPABILITY. Demonstrate current capability
to:
a. obtain the financial and technical resources
necessary to perform the work;
b. have, or have the ability to develop, a
sound quality control program;
c. have necessary organization, experience,
supply chain management accounting and
operational controls, technical skills, and
production and property controls;
d. have the manufacturing capacity to meet the
required delivery schedule, considering all
existing commitments, including awards
pending;
e. have, or have the ability to develop a web-
based purchasing system that complies with
solicitation requirements.
Offers must also include:
(1) Solicitation number;
(2) The time specified in the solicitation for receipt of
offers;
(3) The name, address and telephone number of the
offeror;
(4) A technical description of the items being offered in
sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include
product literature, or other documents, if necessary;
(5) Terms of any expressed warranty;
(6) Price and any discount terms - SEE PART 1.2, ITEM AND
PRICES;
(7) "Remit to" address, if different than mailing
address;
(8) A completed copy of the representations and
certifications;
(9) Acknowledgment of Solicitation Amendments;
Page: 24
PART: 3
(10) Past performance information, when included as an
evaluation factor, to include recent and relevant
contracts for the same or similar items, and other
references (including contract numbers, point of
contact, with telephone numbers, and other relevant
information); and
(11) If the offer is not submitted on the Form 8203,
Order/Solicitation/Offer/ Award, include a statement
specifying the extent of agreement with all terms and
conditions and provisions included in the
solicitation. Offers that fail to furnish required
representations or information, or reject the terms
and conditions of the solicitation may be excluded
from consideration.
b. Period for acceptance of offers. The offeror agrees to hold
the prices in its offer firm for 30 calendar days from the
date specified for receipt of offers, unless another time
period is specified in an addendum to the solicitation.
c. Product samples. When required by the solicitation, product
samples will be submitted at or prior to the time specified
for receipt of offers. Unless otherwise specified in the
solicitation, these samples shall be submitted at no expenses
to the Postal Service and returned at the sender's request and
expense, unless they are destroyed during pre award testing.
d. Multiple offers. Offerors are encouraged to submit multiple
offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this
solicitation. Each offer submitted will be evaluated
separately.
e. Late offers. Offers or modifications of offers received at the
address specified for the receipt of offers after the exact
time specified for receipt of offers will not be considered
unless determined to be in the best interests of the Postal
Service.
f. Contract award. The Postal Service intends to evaluate offers
and award a contract without discussions with offerors.
Therefore, the offeror's initial offer should contain the
offeror's best terms from a price and technical standpoint.
However, the Postal Service reserves the right to conduct
discussions if later determined by the contracting officer as
necessary. The Postal Service may reject any or all offers if
such action is in the best interest of the Postal Service;
accept other than the lowest offer, and waive informalities
and minor irregularities in offers received.
g. Multiple awards. The Postal Service may accept any item or
group of items of an offer, unless the offeror qualifies the
offer by specific limitations. Unless otherwise provided in
the Schedule, offers may not be submitted for quantities less
than those specified. The Postal Service reserves the right to
make an award on any items for quantity less than the
quantities offered, at the unit prices offered, unless the
offeror specifies otherwise in the offer.
Page: 25
PART: 3
h. Availability of requirements documents cited in the
solicitation. The Index of Federal Specification, Standards
and Commercial Item Descriptions and the documents listed in
it may be obtained from the General Services Administration,
Federal Supply Service Bureau, Specifications Section, Suite
8100, 470 L'Enfant Plaza, SW, Washington, DC 20407 (202)
755-0325/0326).
3.6 EVALUATION - COMMERCIAL ITEMS (PROVISION 4-2) (JANUARY 1997) (TAILORED)
a. The Postal Service will award a contract resulting from this
solicitation to the supplier whose offer conforming to the
solicitation will be most advantageous to the Postal Service,
price and other factors considered. The following factors
shall be used to evaluate offers and are listed in descending
order of importance:
NUMBER EVALUATION FACTOR
1. Current and Past Performance
a. Quality
b. Supply Chain Management
c. Timeliness of Performance
d. Business Relations
2. Supplier Capability
a. Financial and Technical Resources
b. Quality Control System
c. Organization, Experience, Supply Chain
Management Accounting and Operational
Controls, Technical Skills and Production
and Property Controls
d. Manufacturing Capacity to Meet Delivery
Schedule
e. Web-Based Purchasing System
The evaluation factors listed above, when combined, are
considered to be more important than price and price-related
factors.
b. The Postal Service will evaluate offers for award purposes by
including only the price for the basic requirement; i.e.,
options will not be included in the evaluation for award
purposes.
Page: 26
PART: 3
c. A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful supplier within the time
for acceptance specified in the offer, shall result in a
binding contract without further action by either party.
Before the offer's specified expiration time, the Postal
Service may accept an offer (or part of an offer), whether or
not there are negotiations after its receipt, unless a written
notice of withdrawal is received before award.
3.7 RESTRICTION ON DISCLOSURE AND USE OF DATA (PROVISION A-7)
(JANUARY 1997)
Offerors that include in their proposals data they do not want used or
disclosed by the Postal Service for any purpose other than proposal
evaluation may take the following steps:
a. "This proposal includes data that may not be duplicated, used,
or disclosed outside the Postal Service - in whole or in part
- for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of
- or in connection with - the submission of such data, the
Postal Service will have the right to duplicate, use, or
disclose the data to the extent provided in the resulting
contract. This restriction does not limit the Postal Service's
right to use information contained in the data if it is
obtained from another source without restriction. The data
subject to this restriction are contained in sheets (OFFEROR
INSERT NUMBERS OR OTHER IDENTIFICATION OF SHEETS).*
b. Mark each sheet of data they wish to restrict wit h the
following legend:
"Use or disclosure of data contained on this sheet is subject
to the restriction on the title page of this proposal."
3.8 NOTICE OF SMALL, MINORITY AND WOMEN-OWNED BUSINESS SUBCONTRACTING
REQUIREMENTS (PROVISION 3-1) (FEBRUARY 1999)
All suppliers, except small businesses, or unless this purchase is
being made under commercial purchasing procedures, must submit with
their proposals the contract-specific subcontracting plan required by
the Clause 3-1, Small, Minority, and Woman-owned Business
Subcontracting Requirements. Generally, this plan must be agreed to by
both the supplier and the Postal Service before award of the contract.
3.9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
(PROVISION 4-3) (JANUARY 1997)
a. Type of Business Organization. The offeror, by checking the
applicable blocks, represents that it:
(1) Operates as:
Page: 27
PART: 3
[X] a corporation incorporated under the laws of
the State of DELAWARE;
[_] an individual;
[_] a partnership;
[_] a joint venture;
[_] a limited liability company;
[_] a nonprofit organization, _________; or
[_] an educational institution; and
(2) Is (Check all that apply)
[X] a small business concern;
[_] minority business: [_] Black American
[_] Hispanic American
[_] Native American
[_] Asian American
[_] a woman-owned business;
[_] educational or other nonprofit organization;
or
[_] none of the above entities.
(3) Small Business Concern. A small business concern for
the purposes of Postal Service purchasing means a
business, including an affiliate, that is
independently owned and operated, is not dominant in
producing or performing the supplies or services
being purchased, and has no more than 500 employees,
unless a different size standard has been established
by the Small Business Administration (see CFR 121,
particularly for different size standards for
airline, railroad, and construction companies). For
subcontracts of $50,000 or less, a subcontractor
having no more than 500 employees qualifies as a
small business without regard to other factors.
(4) Minority Business. A minority business is a concern
that is at least 51 percent owned by, and whose
management and daily business operations are
controlled by, one or more members of a socially and
economically disadvantaged minority group, namely
U.S. citizens who are Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans,
or Asian-Indian Americans. (Native Americans are
American Indians, Eskimos, Aleuts, and Native
Hawaiians. Asian-Pacific
Page: 28
PART: 3
Americans are U.S. citizens whose origins are
Japanese, Chinese, Filipino, Vietnamese, Korean,
Samoan, Laotian, Kampuchea (Cambodian), Taiwanese
or in the U.S. Trust Territories of the Pacific
Islands. Asian-Indian Americans are U.S. citizens
whose origins are in the Indian subcontinent.)
(5) Woman-owned Business. A woman-owned business is a
concern at least 51 percent of which is owned by a
woman (or women) who is a U.S. citizen, controls the
firm by exercising the power to make policy
decisions, and operates the business by being
actively involved in day-to-day management.
(6) Educational or Other Nonprofit Organization. Any
corporation, foundation, trust, or other institution
operated for scientific or educational purposes, not
organized for profit, no part of the net earnings of
which inures to the profits of any private
shareholder or individual.
b. Parent Company and Taxpayer Identification Number
(1) A parent company is one that owns or controls the
basic business policies of an offeror. To own means
to own more than 50 percent of the voting rights in
the offeror. To control means to be able to
formulate, determine, or veto basic business policy
decisions of the offeror. A parent company need not
own the offeror to control it; it may exercise
control through the use of dominant minority voting
rights, proxy voting, contractual arrangements, or
otherwise.
(2) Enter the offeror's Taxpayer Identification Number
(TIN) in the space provided. The TIN is the offeror's
Social Security number or other Employee
Identification Number used on the offeror's Quarterly
Federal Tax Return, U.S. Treasury Form 941.
Offeror's TIN: 16-1068506
---------------------------------------
(3) Check this block if the offeror is owned or
controlled by a parent company: [X]
(4) If the block above is checked, provide the following
information about the parent company:
Parent Company's Name: AMERICAN LOCKER GROUP
INCORPORATED
-----------------------------
Parent Company's Main Office: JAMESTOWN
------------------------
Address: 608 ALLEN STREET
---------------------------------------------
No. and Street:
--------------------------------------
Page: 29
PART: 3
City: JAMESTOWN State: NY Zip Code: 14701-3966
----------- ------ ----------
Parent Company's TIN: 16-0338330
--------------------------------
(5) If the offeror is a member of an affiliated group
that files its federal income tax return on a
consolidated basis (whether or not the offeror is
owned or controlled by a parent company, as provided
above) provide the name and TIN of the common parent
of the affiliated group:
Name of Common Parent
--------------------------------
Common Parent's TIN
----------------------------------
c. Certificate of Independent Price Determination
(1) By submitting this proposal, the offeror certifies,
and in the case of a joint proposal each party to it
certifies as to its own organization, that in
connection with this solicitation:
(a) The prices proposed have been arrived at
independently, without consultation,
communication, or agreement, for the purpose
of restricting competition, as to any matter
relating to the prices with any other
offeror or with any competitor;
(b) Unless otherwise required by law, the prices
proposed have not been and will not be
knowingly disclosed by the offeror before
award of a contract, directly or indirectly
to any other offeror or to any competitor;
and
(c) No attempt has been made or will be made by
the offeror to induce any other person or
firm to submit or not submit a proposal for
the purpose of restricting competition.
(2) Each person signing this proposal certifies that:
(a) He or she is the person in the offeror's
organization responsible for the decision as
to the prices being offered herein and that
he or she has not participated, and will not
participate, in any action contrary to
paragraph (a) above; or
(b) He or she is not the person in the offeror's
organization responsible for the decision as
to the prices being offered but that he or
she has been authorized in writing to act as
agent for the persons responsible in
certifying that they have not participated,
and will not participate, in any action
contrary to paragraph (a) above, and as
their agent does hereby so certify; and he
or she has not participated, and will not
participate, in any action contrary to
paragraph (a) above.
Page: 30
PART: 3
(3) Modification or deletion of any provision in this
certificate may result in the disregarding of the
proposal as unacceptable. Any modification or
deletion should be accompanied by a signed statement
explaining the reasons and describing in detail any
disclosure or communication.
d. Certification of Nonsegregated Facilities
(1) By submitting this proposal, the offeror certifies
that it does not and will not maintain or provide for
its employees any segregated facilities at any of its
establishments, and that it does not and will not
permit its employees to perform services at any
location under its control where segregated
facilities are maintained. The offeror agrees that a
breach of this certification is a violation of the
Equal Opportunity clause in this contract.
(2) As used in this certification, segregated facilities
means any waiting rooms, work areas, rest rooms or
wash rooms, restaurants or other eating areas, time
clocks, locker rooms or other storage or dressing
areas, parking lots, drinking fountains, recreation
or entertainment area, transportation, or housing
facilities provided for employees that are segregated
by explicit directive or are in fact segregated on
the basis of race, color, religion, or national
origin, because of habit, local custom, or otherwise.
(3) The offeror further agrees that (unless it has
obtained identical certifications from proposed
subcontractors for specific time periods) it will
obtain identical certifications from proposed
subcontractors before awarding subcontracts exceeding
$10,000 that are not exempt from the provisions of
the Equal Opportunity clause; that it will retain
these certifications in its files; and that it will
forward the following notice to these proposed
subcontractors (except when they have submitted
identical certifications for specific time periods):
NOTICE: A certification of non segregated facilities
must be submitted before the award of a subcontract
exceeding $10,000 that is not exempt from the Equal
Opportunity clause. The certification may be
submitted either for each subcontract or for all
subcontracts during a period (quarterly,
semiannually, or annually).
e. Equal Opportunity Affirmative Action Program.
The offeror, by checking the applicable block or blocks,
represents that it (1) [X] has developed and has on file, [_]
has not developed and does not have on file, at each
establishment, affirmative action programs as required by the
rules and regulations of the Secretary of Labor (41 CFR 60-1
and 60-2) and [X] has, [_] has not filed the required reports
with the Joint Reporting Committee, or (2) [_] has not
previously had contracts subject to the written affirmative
action program requirement of the rules and regulations of the
Secretary of Labor.
Page: 31
PART: 3
Remittance Address (if different from Block 14a, PS Form 8203)
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3.10 PREAWARD EQUAL OPPORTUNITY COMPLIANCE REVIEW (PROVISION 9-4)
(JANUARY 1997)
If the contract award will be $10,000,000 or more, the prospective
supplier and its known first-tier subcontractors with subcontracts of
$10,000,000 or more will be subject to a preaward compliance review. In
order to qualify for award, the prospective supplier and first-tier
subcontractors must be found in compliance pursuant to 41 CFR 60-1.20.
Page: 32
PART: 4
PART 4 - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
ATTACHMENT NO. NO. OF PAGES ATTACHMENT TITLE
1. -- Specification USPS-B-1118F (Incorporated by Reference)
2. 58 Freight Traffic Management System (FTMS) User's Guide,
Version 2.2
3. 19 Supplier Interface Guide for Electronic Orders
Page: 33