Exhibit 10.6


 


	
        TRANSPORTATION SERVICES PROPOSAL &
        CONTRACT

        FOR REGULAR SERVICE

	1. PROPOSAL SUBMITTED PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	430Q8	01/14/2018	06/30/2022
	
        f. FOR MAIL SERVICE IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	COLUMBUS P&DC, OH	430 DRO - REGION B - NON-PEAK (PEAK), OH
	2. RATE OF COMPENSATION
	WRITTEN DOLLAR AMOUNT (Proposal must be submitted on a single annual rate basis unless the solicitation specifically calls for proposals at a per mile, per piece, per trip, or other unit rate.)	AMOUNT (Figures)
	In accordance with the rates set forth under “amount”, expected mileage is a approximately 2,500,000 miles annually.	
                            Non Peak Peak

        Upper        $2.49         $3.01

        Expected   $2.49         $3.02

        Lower        $2.50         $3.02

	3. OFFEROR
	a. NAME (Print or Type)	b. ADDRESS (Street, City, State, Zip+4)
	Thunder Ridge Transport Inc.	
        PO Box 2446

        Springfield, MO 65801-2446

         

	c. TELEPHONE NO.	d. DOT NO.	e. SOCIAL SECURITY NO. OR EMPLOYER IDENTIFICATION NO.
	417-350-9553	872693	75-3010383
	
        f. LEGAL RESIDENCE OF

        (Complete if Offeror is an individual.)
	
        g. ENGAGED IN BUSINESS IN

        (Complete if Offeror is a partnership or
        corporation.)

	COUNTY	STATE	COUNTY	STATE
	 	 	Greene	MO
	
        h. ACKNOWLEDGEMENT OF AMENDMENTS THE OFFEROR ACKNOWLEDGES
RECEIPT OF AMENDMENTS TO THE SOLICITATION FOR OFFERS AND RELATED DOCUMENTS NUMBERED AND DATED AS FOLLOWS:
	AMENDMENT NO.	DATE	AMENDMENT NO.	DATE
	 	 	 	 
	 	 	 	 
	4. CONTRACT
	
         

        In compliance with the solicitation
        of the U.S. Postal Service described above, the above named offeror proposes to provide the service called for in said solicitation
        and, in the case of a negotiated contract, in the description of service attached hereto and made a part hereof, at the rate of
        compensation set out above.

         

        The offeror submitting the offer or
        proposal agrees with the U.S. Postal Service that if this offer or proposal is accepted, the offeror will give personal or representative
        supervision to the performance of the service. The offeror certifies that this proposal is made in the offeror’s own interest and
        not by the offeror as the representative of another person or company and with full knowledge of the required conditions of service.

         

        The solicitation and all attachments
        are incorporated by reference as a part of this proposal.

         

        If the offeror is a partnership or
        corporation, the Contracting Officer may request such offeror to furnish evidence of the authority of the party executing the proposal.

        When a partnership offers,
the signature of one partner is sufficient. 

         

	5. OFFEROR	6. U.S. POSTAL SERVICE
	This proposal is made in good faith and with the intention to enter into a contract to perform service in case the proposal is accepted.	The U.S. Postal Service has caused this contract to be executed.
	/s/ Billy Peck
    Jr.	1/26/18	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	 	 
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 











PS Form 7405


September 2001














     


     


    

 


	
         

        EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAM

         

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

         

        CERTIFICATION OF NONSEGREGATED FACILITIES

         

        a. 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 of this contract.

         

        b. 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 areas, 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.

         

        c. 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 period(s):

         

        NOTICE

         

        A certification of no 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 whether for each subcontract or for all subcontracts during a period (quarterly, semiannually,
        or annually).

         
	 	
         

        PARENT COMPANY TAXPAYER IDENTIFICATION NUMBER

         

        a. 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.

         

        b. Enter the offeror’s Taxpayer Identification
        Number (TIN) in the space provided. The TIN is the offeror’s Social Security Number or other Employer Identification Number
        used on the offeror’s quarterly Federal Tax Return, U.S. Treasury Form 941.
	 
	Offeror’s TIN	75-3010383
	
         

        c. Check this block if the offeror is owned
        or controlled by a parent company: ☐

         

        d. If the block above is checked, provide
        the following information about the parent company:

         

	 
	Parent Company’s Name
	Parent Company’s Main Office Address
	 
	No. and Street
	 	 	 
	City	State	ZIP+4
	Parent Company’s TIN	 
	
         

        e. 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	 
	 	 
	
         

         

         

	 	 	 	 	 	 	 	 	 	 





PS Form 7405 (Reverse)


September 2001







     


     


    

 


	
        TRANSPORTATION SERVICES PROPOSAL &
        CONTRACT

        FOR REGULAR SERVICE

	1. PROPOSAL SUBMITTED PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/12/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Columbus P&DC, OH    Region B	Various Destinations, OH
	2. RATE OF COMPENSATION
	WRITTEN DOLLAR AMOUNT (Proposal must be submitted on a single annual rate basis unless the solicitation specifically calls for proposals at a per mile, per piece, per trip, or other unit rate.)	AMOUNT (Figures)
	
         

        See Pricing Details

         
	
         

        See Pricing Details

         

	3. OFFEROR
	a. NAME (Print or Type)	b. ADDRESS (Street, City, State, Zip
	Thunder Ridge Transport Inc.	
        PO Box 2446

        Springfield, MO 65801

	c. TELEPHONE NO.	d. DOT NO.	e. SOCIAL SECURITY NO. OR EMPLOYER IDENTIFICATION NO.
	417-833-8456	872693	75-3010383
	
        f. LEGAL RESIDENCE OF

        (Complete if Offeror is an individual.)
	
        g. ENGAGED IN BUSINESS IN

        (Complete if Offeror is a partnership or
        corporation.)

	COUNTY	STATE	COUNTY	STATE
	 	 	Greene	MO
	
        h. ACKNOWLEDGEMENT OF AMENDMENTS

        THE OFFEROR ACKNOWLEDGES RECEIPT OF AMENDMENTS TO THE SOLICITATION
        FOR OFFERS AND RELATED DOCUMENTS NUMBERED AND DATED AS FOLLOWS:
	AMENDMENT NO.	DATE	AMENDMENT NO.	DATE
	 	 	 	 
	 	 	 	 
	4. CONTRACT
	
         

        In compliance with the solicitation
        of the U.S. Postal Service described above, the above named offeror proposes to provide the service called for in said solicitation
        and, in the case of a negotiated contract, in the description of service attached hereto and made a part hereof, at the rate of
        compensation set out above.

         

        The offeror submitting the offer or
        proposal agrees with the U.S. Postal Service that if this offer or proposal is accepted, the offeror will give personal or representative
        supervision to the performance of the service. The offeror certifies that this proposal is made in the offeror’s own interest and
        not by the offeror as the representative of another person or company and with full knowledge of the required conditions of service.

         

        The solicitation and all attachments
        are incorporated by reference as a part of this proposal.

         

        If the offeror is a partnership or
        corporation, the Contracting Officer may request such offeror to furnish evidence of the authority of the party executing the proposal.

         

        When a partnership offers, the signature of one partner
        is sufficient.

         

         

	5. OFFEROR	6. U.S. POSTAL SERVICE
	This proposal is made in good faith and with the intention to enter into a contract to perform service in case the proposal is accepted.	The U.S. Postal Service has caused this contract to be executed.
	 	9/25/17	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER	 
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7405


September 2001









     


     


    

 


	
         

        EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAM

         

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

         

        CERTIFICATION OF NONSEGREGATED FACILITIES

         

        a. 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 of this contract.

         

        b. 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 areas, 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.

         

        c. 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 period(s):

         

        NOTICE

         

        A certification of no 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 whether for each subcontract or for all subcontracts during a period (quarterly, semiannually,
        or annually).

         
	 	
         

        PARENT COMPANY TAXPAYER IDENTIFICATION NUMBER

         

        a. 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.

         

        b. Enter the offeror’s Taxpayer Identification
        Number (TIN) in the space provided. The TIN is the offeror’s Social Security Number or other Employer Identification Number
        used on the offeror’s quarterly Federal Tax Return, U.S. Treasury Form 941.
	 
	Offeror’s TIN	75-3010383
	
         

        c. Check this block if the offeror is owned
        or controlled by a parent company: ☐

         

        d. If the block above is checked, provide
        the following information about the parent company:

         

	 
	Parent Company’s Name
	Parent Company’s Main Office Address
	 
	No. and Street
	 	 	 
	City	State	ZIP+4
	Parent Company’s TIN	 
	
         

        e. 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	 
	 	 
	
         

         

         

	 	 	 	 	 	 	 	 	 	 





PS Form 7405 (Reverse)


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	1
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Charleston P&DC, WV	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	08/30/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes Attachment J - Manifests and updates
        the URL website address for Emptoris as follows:

         

        https://uspsprod.emptoris.com

         

        Please sign this amendment document and include with
your solicitation bid package. 

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/22/2017 05:00 P.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/25/2017	 	8/30/2017
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	2
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	250Q8	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Charleston P&DC, WV	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/05/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes the corrected
Charleston _ Attachment A’s _ Regions A thru G and Oklahoma City _Attachment A’s _ Regions A thru B. Also, the DRO
pricing sheet attachment bug error is fixed. Please use the new pricing sheet attachment. Please sign this amendment #2 document
and include with your solicitation bid package. 

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/22/2017 05:00 P.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/25/2017	 	9/5/2017
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	3
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Charleston P&DC, WV	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/07/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes the corrected
Wage Determination for Southern States, WD 1977-0193, Revision 76, dated 08/24/2017 and Eastern States, WD 1977-0195, Revision
71, dated 08/24/2017. Please sign this amendment #3 document and include with your solicitation bid package. 

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/22/2017 05:00 P.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/25/2017	 	9/7/2017
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	4
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Charleston P&DC, WV	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/18/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

        This amendment includes:

        1) Questions/answers from the Pre--Proposal Conference, 9/13/2017;

        2) Recording link from Pre—Proposal,

        Streaming: https://uspsmeetings.webex.com/uspsmeetings/ldrphp?RCID=675999c12e2ce824bd5d509e8adf29a7
        and,

        Download: https://uspsmeetings.webex.com/uspsmeetings/Isr.php?RCID=fdfcee9f7cc8a3618a59b246f69d8d6e;

        3) Wage determination for Central states, Wage Determination
        1977-0196, Revision 72, dated 8/24/2017;

        4) Revised Bidding Instructions,

        5) Change in award start date to Sunday, November 12, 2017

        6) Change in the closing date of solicitation to Monday, September
        25, 2017 at 8:00am EDT.

        Please sign this amendment #4 document and include with your
        solicitation bid package.

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/25/2017 08:00 A.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/27/2017	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	5
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	Charleston P&DC, WV	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/22/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

        This amendment includes:

        1) Extension of solicitation proposal submission to Friday,
        September 29, 2017 at 8:00am EDT.

        2) Invitation to Webex, Monday,
        September 25, 2017. The purpose         of the Webex is to allow suppliers to clarify any outstanding questions they may have
        regarding the DRO Wave 3 manifests, or the solicitation in general. The Webex link is detailed below.

        Please note, you do NOT need a WebEx account to join the meeting.

        Meeting Number: 743 648 308

        Meeting Password: This meeting does not require a password.

        1. Go to https://uspsmeetings.webex.com/uspsmeetings/j.php?MTID=m597ddaac5da714a6a694c78b465584ed

        2. If requested, enter your name and email address.

        3. If a password is required, enter the meeting password: This
        meeting does not require a password.

        4. Click ‘Join”.

        5. Follow the instructions that appear on your screen.

        3) The USPS will be providing changes to the Manifests shortly.

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/29/2017 08:00 A.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/27/2017	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	6
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/08/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	 	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/25/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes corrections to the manifest for Charleston,
        WV; Columbus, OH; Little Rock, AR; and Oklahoma City, OK. Please see the attached document, Manifest Revisions, for site specific
        details of the changes.

         

        Please sign and include this Amendment #6 with your completed
        bid package.

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/29/2017 08:00 A.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/27/2017	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	7
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/12/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	 	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/26/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes the following updates:

         

        1) Questions and answers to the DRO Wave 3 Manifest/Solicitation
        Q&A held on Monday, September 25, 2017

        2) A recording link to the DRO Wave 3 Manifest/Solicitation
        Q&A held Monday, September 25, 2017.

         

        Streaming link: https://uspsmeetings.webex.com/uspsmeetings/Idr.php?RCID=dcb8acbOa7e73678ff44f7ff8la3e99b

        Download link: https://uspsmeetings.webex.com/uspsmeetings/Isr.php?RCID=e2d2cba33b1d2122985546fd3f332403

         

        3) Attached updated manifest for Charleston, WV; Columbus, OH;
        Oklahoma City, OK; and Little Rock, AR

         

        Please sign and include this Amendment #7 with your completed
        bid package.

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/29/2017 08:00 A.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/27/2017	 	8/40/2017
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


	AMENDMENT TO SOLICITATION	AMENDMENT NO.
	8
	PAGE	OF
	1	1
	1. SOLICITATION AMENDMENT PURSUANT TO
	a. SOLICITATION NO.	b. DATE OF SOLICITATION	c. CONTRACT NO.	d. BEGIN CONTRACT TERM	e. END CONTRACT TERM
	150-204-17	08/29/2017	 	11/12/2017	06/30/2021
	
        f. FOR MAIL SERVICE

        IN OR BETWEEN
	CITY & STATE	CITY & STATE
	 	 	VARIOUS DESTINATIONS, WV
	2. OFFEROR NAME AND ADDRESS (Print or Type)	3. ISSUED BY
	
        Thunder Ridge Transport Inc.

        PO Box 2446

        Springfield, MO 65801

         
	
        LDT@USPS.GOV

        1200 MERCANTILE LANE

        SUITE 109

        LARGO MD 20774-5389

	4. DATE ISSUED
	09/26/2017
	5. DESCRIPTION OF AMENDMENT/MODIFICATION
	
        DRO Solicitation #150-204-17 – Wave 3

         

        This amendment includes the following update:

         

        1) Revised distance updates to the solicitation manifests with
        old miles removed.

         

        Please sign and include this amendment #8 with your completed
        bid package.

         

        Except as provided herein, all terms and conditions of the document
        referenced in Block 1 remain unchanged and in full force and effect.

         

	6. The above numbered solicitation is amended as set forth in Block 5.
	
        NOTE: Offerors must acknowledge receipt of this amendment prior
        to the date and time specified in the solicitation by one of the following methods:

         

        a. Signing and returning one copy of the amendment;

        b. Acknowledging receipt of this amendment on each
        copy of the proposal submitted; or

        c. Submitting a separate letter or telegram which includes
        a reference to the solicitation and amendment numbers.

         

        FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
        PLACE SPECIFIED IN THE SOLICITATION PRIOR TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF PROPOSALS MAY RESULT IN REJECTION OF YOUR
        PROPOSAL.

         

        If, by virtue of this amendment, you desire to change a proposal
        already submitted, such change may be made by telegram or letter provided such telegram or letter makes reference to the solicitation
        and amendment numbers, and is received prior to the date and time specified.

         

	The date and time specified for receipt of the proposals is (or has been extended to):	09/22/2017 05:00 P.M.
	 	  (Date)                   (Time)
	7. OFFEROR	8. U.S. POSTAL SERVICE
	The receipt of this Amendment to Solicitation is hereby acknowledged.	The U.S. Postal Service has hereby issued this Amendment to Solicitation.
	 	09/27/2017	 	 
	(Signature of Offeror)	(Date)	(Signature of Contracting Officer)	(Date)
	Billy Peck Jr.	President/CEO	TRANS CONTRACTING OFFICER, LDT@USPS.GOV
	
        (Name and Title of Offeror)

         
	 	
        (Title of Contracting Officer)

         

	 	 	 	 	 	 	 	 	 	 	 	 





PS Form 7330


September 2001









     


     


    

 


Attachment C


Representations and Certifications




 


ATTACHMENT
C


 


REPRESENTATIONS
AND CERTIFICATIONS


 


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



 


		1.)	Operates as:



 


☒ a corporation incorporated under the laws
of the state of Missouri;


☐ an individual;


☐ a partnership;


☐ a joint venture;


☐ a limited liability company


☐ a nonprofit organization, ____ or;


☐ an educational institution; and


 


		2.)	Is (check all that apply)



 


☒ a small business concern;


☐ a minority business


☐ Black American


☐ Hispanic American


☐ Native American


☐ Asian American


☐ a woman-owned business;


☐ an 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 13 CFR 121, particularly for different size standards for airline, railroad, and construction companies). For subcontracts
of $50,000 or less, a subcontractor having no more than 500 employees qualifies as a small business without regard to other factors.



 


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



 


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



 


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



 


		b.	Parent Company and Taxpayer Identification Number.



 


		1.)	A parent company is one that owns or controls the basic business 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.



 






     


     


    

 


Attachment C


Representations and Certifications


 



		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 75-3010383                               


 


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



 


		4.)	If the block above is checked, provide the following
information about the parent company:



 


Parent Company’s Name:                                                         


Parent Company’s Main Office: 
                                             


Address:                                                                                      


No. and Street:                                                                           


City: __________________ State: _____ Zip Code:        


Parent Company’s TIN:                                                            


 


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



 


Name of Common Parent                                                        


Common Parent’s TIN                                                            


 


		c.	Certificate of Independent Price Determination.



 


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



 


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



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



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



 


		2.)	Each person signing this proposal certifies that:



 


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



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



 


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



 


		d.	Certification of Nonsegregated Facilities.



 


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



 






     


     


    

 


Attachment C


Representations and Certifications


 



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



 


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



 


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


 


		e.	Certification Regarding Debarment, Proposed Debarment, and Other Matters (This certification must be completed with respect
to any offer with a value of $100,000 or more.)



 


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


 


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



 


		b)	Have ☐ have not ☒, within the three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission
of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
tax evasion, or receiving stolen property;



 


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



 


		d)	Have ☐ have not ☒ within a three-year period preceding this offer, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in conjunction with obtaining, attempting to obtain, or performing
a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission
of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
tax evasion or receiving stolen property; and



 


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



 


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



 


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



 


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



 


		5.)	A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding
of an award under this solicitation. However, the certification will be considered as part of the evaluation of the offeror’s
capability (see PM 2.1.9.c.3). The offeror’s failure to furnish a certification or provide additional information requested
by the contracting officer will affect the capability evaluation.



 


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



 






     


     


    

 


Attachment C


Representations and Certifications


 



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



 


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



 


		a.	Incorporation by Reference. Wherever in this solicitation or contract a standard provision or clause is incorporated by reference,
the incorporated term is identified by its title, its provision or clause number assigned to it, and its date. The text of incorporated
terms may be found at http://www.usps.com/cpim/ftp/manuals/spp/spp.pdf. If checked, the following provision(s) is incorporated
in this solicitation by reference: (contracting officer will check as appropriate)



 


		1.	Provision 1-2: Domestic Source Certificate - Supplies



		2.	Provision 1-3: Domestic Source Certificate - Construction
Materials



		3.	Provision 9-1: Equal Opportunity Affirmative Action
Program



		4.	Provision 9-2: Preaward Equal Opportunity Compliance
Review



		5.	Provision 9-3: Notice of Requirements for Equal Opportunity
Affirmative Action



 




     


     


    

 


Thunder Ridge Transport Inc. Master
Subcontracting Plan


 


		I.	Goals:



 


Thunder Ridge Transport Inc. provides the following
separate percentage goals, which are a percentage of the total subcontracting dollars for each business category.


 


	 	Planned Subcontracting To:	 	Percent	 
	 	Total Dollars to be Subcontracted	 	 	100	%
	 	Large Businesses	 	 	95	%
	 	Small Businesses	 	 	3	%
	 	Minority-Owned Businesses	 	 	1	%
	 	Woman-Owned Businesses	 	 	1	%



 


		II.	Estimated total dollars planned to be subcontracted to
all types of concerns:



 


Annual Purchases/Spend: $1,000,000
= 100% subcontracted


 


Estimated total dollars planned to be subcontracted
to small business concerns (including Small, Minority-owned, or Woman-owned) as subcontractors:


 


Annual Purchases/Spend: $50,000
= 5% of Total


 


		III.	Supplies/Services:



 


The principal types of supplies and/or services that
Thunder Ridge Transport Inc. anticipates to be subcontracted and the identification of the type of business concern planned are
as follows:


 


	 	Supplies/Services	 	Large	 	Small	 	Minority-

        Owned
	 	Woman-

        Owned

	 	Truck, trailer, and equipment leasing	 	X	 	X	 	 	 	 
	 	Truck and trailer parts	 	X	 	 	 	 	 	 
	 	Rent	 	 	 	X	 	 	 	 
	 	Compliance services	 	 	 	X	 	 	 	 
	 	Insurance	 	X	 	 	 	 	 	 
	 	Truck and trailer maintenance	 	X	 	X	 	X	 	 
	 	Printing services	 	 	 	X	 	 	 	 
	 	Accounting and tax services	 	 	 	 	 	 	 	X


 


		IV.	Thunder Ridge Transport Inc. used the following method to develop the subcontracting goals: The Chief Financial Officer will
consult with the Chief Executive Officer to determine the goods and services that will be subcontracted and will search source
lists of small, minority-owned, and woman-owned firms that can provide these goods and services. We investigate the firms’
capabilities and consider our own experience and the experience of references with these firms to determine if they are qualified
to provide what is needed. If there are qualified small, minority-owned, and woman-owned firms that offer the needed goods or services,
they will be used whenever possible. Reasonable goals are set after considering the value of the needed subcontracts and the pool
of qualified firms.



 


		V.	Thunder Ridge Transport Inc. identifies potential subcontractors using the following source lists and organizations:



 


		a.	www.pro-net.sba.gov, the SBA on-line database of small
businesses



		b.	Local Office of the Small Business Administration



		c.	State of Missouri Minority and Women Owned Businesses
Directory



 






     


     


    

 


		VI.	Equitable Opportunity: 



 


Thunder Ridge Transport Inc. will make every effort
to ensure that all small business concerns have an equitable opportunity to compete for subcontracts. These efforts include:


 


		a.	Outreach efforts will include:



		i.	Contacting minority and small business trade associations



		ii.	Contacting business development organizations’



		iii.	Attendance at small and minority business procurement
conferences and trade fairs.



		b.	Requesting sources from the Central Contract Registration
(CCR), Dynamic Small Business Search, which integrated data from the SBA PRO-Net database



		c.	The following internal efforts will be made to guide
and encourage buyers:



		i.	Establishing, maintaining, and using small, minority-owned
small, and woman-owned small source lists, guides, and other data for soliciting subcontracts



		ii.	Monitoring activities to evaluate compliance with
the subcontracting plan



 


		VII.	Program Administrator:



Name: Kailey York, CPA


Title/Position: Chief Financial Officer


Address: 319 N. Main Ave, Suite 330


City/State/Zip Code: Springfield, MO 65806


Telephone number: 417-833-8456


Fax number: 800-997-4401


Email address: kailey@trtmail.com


 


Alternate POC with contact information: Trey Peck,
Chief Executive Officer, 417-833-8456, trey@trtmail.com


 


Duties: In accordance with clause 52.219-9(d)(11)€,
in order to effectively implement this plan to the extent consistent with efficient contract performance, the contractor shall
perform the following functions:


 


		1.	Assist small, minority-owned, and woman-owned concerns by arranging solicitations, time for the preparation of bids, quantities,
specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists
of potential small, minority-owned, and woman-owned subcontractors are excessively long, reasonable effort shall be made to give
all such small business concerns an opportunity to compete over a period of time.



		2.	Provide adequate and timely consideration of the potentialities of small, minority-owned, and woman-owned concerns in all “make-or-buy”
decisions.



		3.	Counsel and discuss subcontracting opportunities with representatives of small, minority-owned, and woman-owned firms.



		4.	Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, minority-owned,
and woman-owned for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s
subcontracting plan.



		5.	Develop and promote company policy statements that demonstrate the company’s support for awarding contracts and subcontracts
small, minority-owned, and woman-owned concerns.



		6.	Develop and maintain bidders’ lists of small, minority-owned, and woman-owned concerns from all possible sources.



		7.	Ensure periodic rotation of potential subcontractors on bidders’ lists.



		8.	Ensure that small, minority-owned, and woman-owned concerns are included on the bidders’ list for every subcontract solicitation
for products and services they are capable of providing.



 






     


     


    

 


		9.	Ensure that subcontract procurement “packages” are designed to permit the maximum possible participation of small,
minority-owned, and woman-owned concerns.



		10.	Review subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small, minority-owned,
and woman-owned concerns.



		11.	Ensure that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small,
minority-owned, and woman-owned concerns.



		12.	Oversee the establishment and maintenance of contract and subcontract award records.



		13.	Attend or arrange for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise
Seminars, Trade Fairs, etc.



		14.	Directly or indirectly counsel small, minority-owned, and woman-owned concerns on subcontracting opportunities and how to prepare
bids to the company.



		15.	Conduct or arrange training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business
Act on purchasing procedures.



		16.	Develop and maintain an incentive program for buyers that support the subcontracting program.



		17.	Monitor the company’s performance and make any adjustments necessary to achieve the subcontract plan goals.



		18.	Prepare and submit timely reports.



		19.	Coordinate the company’s activities during compliance reviews by Federal agencies.



 


		VIII.	Assurances of Clause Inclusion and Flow Down:



 


Thunder Ridge Transport Inc. agrees to the FAR Clause
52.219-8, “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities,
and will require all subcontractors (except small business concerns) that receive subcontracts in excess of $1,000,000 to adopt
a plan that complies with the requirements of the clause at 52.219-9, Small business Subcontracting Plan.


 


		IX.	Recordkeeping:



 


Thunder Ridge Transport Inc. will maintain records
concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source
lists; and a description of efforts to locate small, minority-owned, and woman-owned concerns and award subcontracts to them. The
records shall include at least the following (on a company-wide basis):


 


		1.	Source lists (e.g., CCR), guides, and other data that
identify small, minority, and WOSB concerns.



		2.	Organizations contacted in an attempt to locate sources that are small, minority, and WOSB concerns.



		3.	Records on each subcontract solicitation resulting in an award of more than $100,000, indicating:



		(A)	Whether small business concerns were solicited and, if
not, why not;



		(B)	Whether minority-owned small business concerns were solicited and, if not, why not;



		(C)	Whether women-owned small business concerns were solicited and, if not, why not; and



		(D)	If applicable, the reason award was not made to a small business concern.



		4.	On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name,
address, and business size of each subcontractor.



 






     


     


    

 


		X.	Reporting:



 


Thunder Ridge Transport Inc. will submit the Subcontract
Report using the electronic subcontracting reporting system of the Postal Service (Supply Chain Relationship Management System
[SCRMS]) available via https://www.uspsbuildingpartnerships.com/Login.aspx, and following the instructions in SCRMS and the following
reporting deadlines:


 


		a)	The Subcontracting Report shall be submitted quarterly
for the periods ending March 31, June 30, September 30, and December 31. Reports are due 15 days after the close of each reporting
period, unless otherwise directed by the contracting officer. Reports are required when due, regardless of whether there has been
any subcontracting activity since the inception of the contract or the previous reporting period. When no activity has taken place
within a quarter, a zero entry is required.



 





	Signed: 	 	 	Date:	5/1/2017	 
	 	Bill Peck, Jr.,	 	 	 
	 	Chief Executive Officer	 	 	




 








     


     


    

 

 


 


 


 


 


Highway
Contract Route (HCR)


Dynamic
Routing Optimization (DRO) Service


 


 


 


Date
of Issue: 08/29/2017


 






    


     


    

 



Contents


 




	Part
    1 – Statement of Work	1
	A.
    Overview	1
	B.
    Requirements	1
	C.
    Period of Performance	6
	D.
    Place of Performance	6
	E.
    Technology	6
	F.
    Administrative Official	7
	G.
    Electronic Communication and Interactivity	8
	H.
    Safety Rating (Federal Motor Carrier Safety Administration)	8
	I.
    Subcontracting	8
	J.
    Usage of Postal Facilities	8
	K.
    Payment and Schedule Changes	9
	Fuel
    Rate Adjustment	10
	L.
    Performance	11
	M.
    Irregularities	11
	Part
    2: Dynamic Route Optimization Provisions	13
	Provision
    1-1: Supplier Clearance Requirements (March 2006)	13
	Provision
    1-4: Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (March 2006)	13
	Provision
    1-5: Proposed Use of Former Postal Service Employees (March 2006)	13
	Provision
    3-1: Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (March 2006)	13
	Provision
    4-1: Standard Solicitation Provisions (November 2007) (Modified)	13
	Provision
    4-2: Evaluation (March 2006) (Modified)	19
	Postal
    Service E-Sourcing Registration	23
	Provision
    4-3: Representations and Certifications (November 2012)	24
	Provision
    9-2: Preaward Equal Opportunity Compliance Review	28
	Part
    3 – Dynamic Route Optimization Clauses	28
	Clause
    B-1 Definitions (March 2006) (Modified)	29
	Clause
    B-3: Contract Type (March 2006) (Modified)	29
	Clause
    B-9: Claims and Disputes (March 2006)	29
	Clause
    B-15: Notice of Delay (March 2006) (Modified)	30
	Clause
    B-16: Suspensions and Delays (March 2006)	30
	Clause
    B-19: Excusable Delays (March 2006)	30
	Clause
    B-22: Interest (March 2006)	31



 






    i


     


    

 


	Clause
    B-26: Protection of Postal Service Buildings, Equipment, and Vegetation (March 2006)	31
	Clause
    B-30: Permits and Responsibilities (March 2006)	32
	Clause
    B-39: Indemnification (March 2006)	32
	Clause
    B-64: Accountability of the Supplier (Highway) (March 2006)	32
	Clause
    B-65: Adjustments to Compensation (March 2006) (Modified)	32
	Clause
    B-68: Changes in Corporate Ownership or Officers (March 2006)	33
	Clause
    B-69: Events of Default (March 2006) (Modified)	33
	Clause
    B-77: Protection of the Mail (March 2006)	34
	Clause
    B-78 Renewal (March 2006)	34
	Clause
    B-79: Forfeiture of Compensation (March 2006)	34
	Clause
    B-80: Laws and Regulations Applicable (March 2006)	34
	Clause
    B-81: Information or Access by Third Parties (May 2006)	35
	Clause
    B-82: Access by Officials (March 2006)	35
	Clause
    1-1: Privacy Protection (October 2014)	35
	Clause
    1-7: Organizational Conflicts of Interest (March 2006)	36
	Clause
    1-11: Prohibition Against Contracting with Former Officers or PCES Executives (March 2006)	37
	Clause
    1-12: Use of Former Postal Service Employees (March 2006)	37
	Clause
    2-19: Option to Extend (Services Contract) (March 2006)	38
	Clause
    2-22: Value Engineering Incentive (March 2006)	39
	Clause
    2-39: Ordering (March 2006) (MOdified)	40
	Clause
    2-42: Indefinite Quantity (March 2006) (Modified)	40
	Clause
    3-1: Small, Minority, and Woman-owned Business Subcontracting Requirements (March 2006)	40
	Clause
    3-2: Participation of Small, Minority, and Woman-owned Businesses (March 2006)	41
	Clause
    4-1: General Terms and Conditions (July 2007) (Modified)	42
	Clause
    4-2: Contract Terms and Conditions Required to Implement Policies, Statutes, or Executive Orders (July 2014) (Modified)	44
	Clause
    7-4: Insurance (March 2006) (Modified)	46
	Clause
    7-5: Errors and Omissions (March 2006)	46
	Clause
    7-10: Sustainability (July 2014) (Modified)	47
	Clause
    8-8: Additional Data Requirements (March 2006)	47
	Clause
    8-10: Rights in Data — Special Works (March 2006)	47
	Clause
    8-13: Intellectual Property Rights (March 2006)	48
	Clause
    8-16: Postal Service Title in Technical Data and Computer Software (March 2006)	48
	Clause
    9-10: Service Contract Act (March 2006)	53
	Clause
    9-12: Fair Labor Standards Act and Service Contract Act – Price Adjustment (February 2010)	58
	Clause
    9-14: Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (February
    2010)	59
	Part
    4 – List of Attachments	60


 




    ii


     


    

 


Part
1 – Statement of Work


 


A.
Overview


 


The
Postal Service is seeking to award surface transportation service that is responsive to daily mail volumes. Through the use of
a Transportation Management System (TMS), forecasted mail volumes will be used to optimize local distribution networks at the
Processing and Distribution Centers (P&DC) solicited.


 


The
Supplier will provide surface transportation based on volume availability and a Transportation Management System (TMS) dynamic
route optimization manifest. The Supplier will plan its operations based on the manifest and transportation information provided
in support of, and in conjunction with, the needs of the Host P&DC, delivery units, and offices. The hours of service and
address locations for the Host P&DC delivery units and city offices serviced by this contract are detailed in Attachment
A, Service Point Details and Specifications.


 


This
solicitation will include requirements for dynamic surface transportation service for the following P&DC’s.


 


	Wave
    3
	Site 1 – Little Rock, AR (2 Regions)
	Site 2 – Oklahoma City, OK (2 Regions)
	Site 3 – Charleston, WV (7 Regions)
	Site 4 – Columbus, OH (5 Regions)


 


The
USPS anticipates awarding multiple contracts at four (4) non Postal Vehicle Service (PVS) sites in the DRO Wave 3. Wave 3 consists
of four (4) sites with an approximate four (4) year base period of performance. Due to the alignment with current HCR contract
expiration dates, the four-year period of performance for Wave 3 will be slightly longer or slightly shorter than four-years,
as outlined below.


 


B.
Requirements


 


Suppliers
will be required to provide a variety of vehicles to include vans, straight trucks, and tractor trailers. Additionally suppliers
will be required to provide an on-site Supplier Representative during the initial start-up wave and annually during the Peak Season
Period. The Supplier Representative will work with Postal Service employees at the location to coordinate all activities for the
service. Global Positioning Systems will also be required on all trailers and straight trucks.


 


Operations
will provide the Supplier with a manifest for their specific region(s) the Wednesday prior to the start of the upcoming Postal
Service week. The manifest will further provide detailed mail tender information for the points of origin and the required arrival
times at destinations. The Supplier will be required to arrive in sufficient time to load and dispatch vehicles to meet the required
delivery windows. The appropriate arrival time to load and dispatch the vehicles is at the discretion of the Supplier.


 


		1.	Supplier
                                         Responsibilities



 


		a.	The
                                         Supplier will handle all mail tendered by the Postal Service in an efficient and expedient
                                         manner to meet the departure requirements specified in this contract.



 






    Page 1 of 60


     


    

 


		b.	The
                                         Supplier will provide all labor to support the service described in this statement of
                                         work and its attachments. The Supplier personnel operating vehicles are required to have
                                         a valid Commercial Driver’s License.(Please see Attachment I, Standard Operating
                                         Procedure (SOP) Vehicle Inspections by Law Enforcement Officials)



 


		c.	The
                                         Supplier will provide at least one (1) onsite Supplier Representative for approximately
                                         8 hours (0030 – 0830) at the Host P&DC during peak windows of service (ex.
                                         0230 – 0630).The Supplier will be required to provide a Supplier Representative
                                         at the dock during the initial three (3) month contract start-up period. The Supplier
                                         will also be required to provide a Supplier Representative annually for one (1) month
                                         during Peak Season. Peak Season period will begin around the Thanksgiving holiday of
                                         each year and end approximately January 1st, of the following year. The Supplier Representative
                                         will be required to coordinate with Postal Service employees on activities like but not
                                         limited to, organizing the retrieval of the mail from the prescribed mail tender points,
                                         arranging the loading of vehicles based on manifest routes provided by the Postal Service
                                         and communicating and requesting approval for any deviation from the manifest.



 


		d.	The
                                         Supplier will notify the Postal Service through the Host P&DC, via the Administrative
                                         Official, of any contingency events/changes or anticipated events/changes impacting the
                                         services provided by the Supplier. This notification must be via email, the receipt of
                                         email must be acknowledged, and must be given at least 72 hours in advance.



 


		e.	The
                                         Supplier will aid and assist with the loading and unloading of containers/pallets/other
                                         USPS products from surface transportation. The Supplier will be required to ensure the
                                         proper loading of mail in the sequence defined by the order of delivery, specified by
                                         the manifest. The manifest is organized in a “first in – last out”
                                         sequence by service point. (For Dock Safety Guidance, see Attachment K)



 


		f.	The
                                         Supplier will maintain a level of flexibility to accommodate out-of-schedule events and
                                         ensure that they are handled with the same level of efficiency and accuracy as the regularly
                                         scheduled trips. Out of schedule events can be defined as (but not limited to) extra
                                         service (scheduled or unscheduled) or ad hoc transportation to in scope delivery units.
                                         In addition to transportation events specified by the manifest, expanded operations,
                                         such as additional operating days or hours per day may be required.



 


		g.	Within
                                         the service area, or otherwise specified contract site(s), USPS may request additional
                                         trips that were not published in the original manifest, and the supplier will be required
                                         to execute the trips, up to the contracted mileage maximum thresholds; however, the supplier
                                         is not required to provide additional trips.



 






    Page 2 of 60


     


    

 


		2.	Postal
                                         Service Responsibilities



 


The
Postal Service will oversee operations at the Host P&DC and provide instructions to the Supplier Representative. USPS will
provide a dispatch manifest on the Wednesday prior to the Postal Service week. The manifest will provide detailed mail tender
information for the point of origin and the required arrival times at the destinations (for further detail see, Attachment J –
Manifests).


 


The
Postal Service will be responsible for determining any extra transportation needs (transportation not listed on the initial weekly
manifest) and for coordinating the extra service with the HCR supplier(s) at the site. If USPS determines that extra service is
needed, suppliers will receive a notification by phone or email and will have approximately thirty (30) minutes to respond to
the request. If the Supplier does not agree to fulfill the additional service within thirty (30) minutes, the extra transportation
needed by USPS will be requested from an alternate supplier.


 


The
Postal Service will provide standard empty Mail Transport Equipment (MTE), scanners, rolling equipment, and cardboard containers
for the performance of these requirements.





		3.	Dispatch
                                         and Delivery Manifest



 


		a.	The
                                         Supplier will be provided a manifest, including anticipated mail volumes and mileage,
                                         on the Wednesday prior to each Postal Service week, which begins on Sunday. The manifest
                                         will provide detailed mail tender information for the point of origin and the required
                                         arrival times at destinations. The Supplier is responsible for allowing sufficient time
                                         to unload, load and dispatch all vehicles in order to meet the required delivery windows
                                         listed in the manifest.(See Attachment J, National Manifests)



 


		b.	The
                                         Postal Service reserves the right to cancel trips without penalty (via email or other
                                         communication methods), provided that the Supplier is given at least four (4) hours of
                                         notice, prior to the scheduled departure time. In the event that less than four (4) hours
                                         of notice is given, the Postal Service reserves the right to reroute transportation within
                                         the contracted service area(s) or site(s).



 


		c.	Some
                                         Delivery Units serviced by the supplier under this contract may require long haul trips
                                         to remote sites. It is the Supplier’s responsibility to plan driver schedules which
                                         adhere to all Department of Transportation Federal Motor Carrier Safety Administration
                                         Hours of Service regulations.



 


		d.	Metro
                                         Collection Boxes



 


		i.	The
                                         Supplier may be asked to provide service to Metro Collection boxes at select locations.
                                         The driver will be required to open the Metro Collection box, scan the Metro Collection
                                         box, remove the mail, and transport the mail to the P&DC. The Supplier may also be
                                         required to participate in the Box Density and Maintenance messages which will populate
                                         on the drivers’ scanners. The Supplier will report any issues encountered with
                                         the provided scanner or in retrieving mail from the Metro Collection Box to the Postal
                                         Service immediately.
		ii.	Trips
                                         to Metro Collection boxes will be included on the transportation manifest along with
                                         instructions to access to the Metro Collection box.
		iii.	Please
                                         refer to the Metro Collection box table in Attachment A Service Point Details and Specifications



 


		4.	Daily
                                         Operations



 


		a.	The
                                         Supplier will stay abreast of changing conditions, including but not limited to late
                                         arriving or departing trucks, mechanical breakdowns, and make adjustments to transportation
                                         accordingly.



 






    Page 3 of 60


     


    

 


		b.	The
                                         Supplier will incur the costs of repairs and/or replacement of damaged Postal equipment
                                         or facilities if the damages are the fault of the Supplier.



 


		c.	The
                                         Supplier will coordinate movement of vehicles at the Host P&DC.



 


		d.	Wherever
                                         possible, or in agreement with local Postal Service Host P&DC staff, the Supplier
                                         will pre-load outbound vehicles.



 


		e.	Throughout
                                         the daily operation, the Supplier will inspect all containers in their possession to
                                         ensure that no mail has been left in any container. If any mail is found, the Supplier
                                         will immediately notify the Postal Service manager and a Postal employee will remove
                                         the mail from the container.



 


		f.	General



 


		i.	The
                                         Supplier is required to observe and adhere to specific delivery windows.
		ii.	The
                                         Supplier will not deliver to the facilities outside of these specified windows unless
                                         explicitly instructed to do so.
		iii.	It
                                         is expected that the Supplier will have the ability to obtain sufficient human resources
                                         (drivers, vehicles, etc.) within 72 hours to utilize the full fleet during these windows
                                         of possible delivery. Sunday delivery may not occur every week, but could be required
                                         on an ad hoc basis.



 


		5.	Procedures
                                         for Receipt and Dispatch of Vehicles



 


		a.	For
                                         dropping off a trailer, only local USPS designated personnel can open and close platform
                                         overhead doors.



 


		b.	Upon
                                         arrival, the Supplier driver will:



		i.	Set
                                         brakes



		ii.	Shut
                                         off engine



		iii.	Remove
                                         ignition key



		iv.	Affix
                                         chock block (if necessary)



		v.	Report
                                         to expeditor/USPS designee for bay assignment (if expeditor/USPS designee is available)



 


		c.	Expeditor
                                         or USPS designee provides driver with bay assignment.



 


		d.	Driver
                                         returns to parked tractor/trailer:



		i.	Removes
                                         chock block



		ii.	Starts
                                         tractor engine



		iii.	Releases
                                         brakes



		iv.	Proceeds
                                         to assigned bay



		v.	As
                                         driver is positioning to back up, sound horn



		vi.	Backs
                                         trailer into assigned bay



		vii.	Sets
                                         brakes



		viii.	Shuts
                                         off engine



		ix.	Removes
                                         ignition key



		x.	Affixes
                                         chock block to trailer



		xi.	Jacks
                                         up trailer for disconnect



		xii.	Disengages
                                         brake lines



		xiii.	Returns
                                         to tractor



		xiv.	Starts
                                         engine



		xv.	Disengages
                                         from trailer with no gap left between tractor and trailer



 






    Page 4 of 60


     


    

 


		e.	For
                                         picking up a trailer (where applicable), the driver returns to tractor:



 


		i.	Removes
                                         chock block



		ii.	Starts
                                         engine



		iii.	Proceeds
                                         to designating bay verifying assignment



		iv.	As
                                         driver is positioning to back up, sound horn



		v.	Ensures
                                         green light is on, where applicable



		vi.	Backs
                                         trailers into assigned bay



		vii.	Engages
                                         with assigned trailer



		viii.	Shuts
                                         off engine



		ix.	Removes
                                         ignition key



		x.	Affixes
                                         chock block to tractor



		xi.	Connects
                                         brake lines



		xii.	Lowers
                                         trailer into fifth wheel mechanism



		xiii.	Visually
                                         inspects fifth wheel locking mechanism



		xiv.	Removes
                                         trailer chock block



		xv.	Removes
                                         tractor chock block



		xvi.	Starts
                                         engine



		xvii.	Releases
                                         brake



		xviii.	Departs
                                         facility



 


		f.	Expeditor
                                         or USPS designee will:



 


		i.	Affix
                                         security seal to trailer door locking mechanism, where applicable



		ii.	Close
                                         bay door



		iii.	Retrieve
                                         secured ignition keys



		iv.	Verify
                                         load and trailer are secured to driver



		v.	Confirm
                                         bay assignment with driver



		vi.	Return
                                         ignition keys to driver



		vii.	Verify
                                         bay door is closed



 


		g.	Driver
                                         will:



 


		i.	Return
                                         to tractor



		ii.	Verify
                                         green light is on (where applicable) and door number/assignment



		iii.	Remove
                                         chock block



		iv.	Start
                                         engine, release brake, and depart facility



 


		6.	Yard
                                         Control



 


		a.	The
                                         Supplier will maintain yard control to ensure timely and accurate data is kept pertaining
                                         to vehicle movements and disposition on the facility property.



 


		7.	Reporting



 


		a.	At
                                         a minimum, the following report will be required and will be provided by the Supplier:
	 	 	 
	 	 	Accident
reports, including personnel and equipment involved (per occurrence). This will be provided by the Supplier.



  


		b.	The
                                         Supplier will attend and participate in operation meetings and service talks at the Host
                                         P&DC at the discretion of the Postal Service.



 






    Page 5 of 60


     


    

 


		8.	Training



  


	 	a.	The
Postal Service will provide the initial training for Postal Service systems and the Transportation Management Systems.



  


		b.	The
                                         Supplier will provide training to all of its personnel. The training will include but
                                         is not limited to the following items:



 


		i.	Emergency
                                         plan or procedures such as facility evacuation, hazardous chemical spills, threats, severe
                                         weather, etc.



		ii.	Security
                                         training that addresses the proper wearing of identification badges and the challenging
                                         of all persons not displaying a proper ID.



		iii.	Proper
                                         and safe loading and use of containers and postal equipment.



		iv.	Dock
                                         operations to include the postal-approved procedures for opening and sealing of trucks.



		v.	Applicable
                                         laws and regulations.



		vi.	Safety
                                         and health training that address overall work safety, (e.g., drug/alcohol abuse).



		vii.	Identification
                                         of various mail classes/types and an overview of Postal regulations as it pertains to
                                         mail security.



 


C.
Period of Performance





The
anticipated period of performance for Wave 3 is Wednesday, November 8, 2017 to Wednesday, June 30, 2021. Following the contract
award, suppliers will be allowed approximately 21 days to ramp up and prepare to start operations, unless otherwise agreed upon
by the Supplier and the Postal Service.


 


D.
Place of Performance





The
work will begin at specified USPS P&DC facilities within specified geographic areas. (See Attachment A, Service Point Details
and Specifications, for specific information) 


 


E.
Technology


 


		1.	Transportation
                                         Management System



 


The
Postal Service is currently upgrading its TMS to advance technology and further automate processes. If there are impacts on the
Supplier from these changes, the Postal Service will discuss and/or negotiate any necessary changes with the Supplier, as applicable.


 


		2.	GPS
                                         Requirements



 


The
Supplier will be required to purchase a GPS unit from a source provided by the Postal Service.  The Supplier will be provided
instructions regarding the purchase and implementation of the GPS unit prior to the contract being awarded. The unit costs and
monthly recurring data plan charges are detailed below. Suppliers should factor these costs into their proposed fixed RPM(s).


 


GPS
Hardware Cost: $311.00 per unit


Data
Plan Monthly Recurring Charge: $4.52 per unit


 






    Page 6 of 60


     


    

 


The
Supplier is required to provide GPS technology and data transfer in accordance with the below requirements.


 


		a.	The
                                         Supplier shall maintain a functioning Global Positioning Satellite (GPS) system on all
                                         of vehicles to include but not limited to straight trucks and trailers. The GPS device
                                         must report the location of the vehicle to the Postal Service no less than every 15 minutes
                                         while the mail is in transit. It must also report the location of the vehicle upon arrival
                                         and departure at each location. Compliance to the requirement must reach a minimum of
                                         98% success rate (accurate data transmitted to and received by the Postal Service). The
                                         following information is required for each data transmission:



 


		i.	GPS
                                         ID



		ii.	Trailer
                                         number



		iii.	Event:
                                         Arrival, Departure, En-Route, and Low Battery.



		iv.	Date/Time
                                         for each Event



		v.	Location
                                         by Address or Latitude/Longitude of the vehicle



 


		b.	The
                                         Supplier is required to have GPS units on all straight trucks and/or trailers and provide
                                         GPS status updates on demand or as requested. The GPS units should be attached to the
                                         straight truck and/or trailer. Mobile GPS units are not acceptable.



 


		c.	Supplier
                                         personnel driving vehicles shall have onboard communication systems to maintain contact
                                         with the on-site representative.



 


		d.	Supplier
                                         must transmit GPS data upon departure (via geo-fencing), upon arrival (via geo-fencing),
                                         and every 15 minutes in transit.



 


		e.	GPS
                                         data must be sent as events occur.



 


		f.	In
                                         the event a GPS unit is out of communication coverage, it must have the capability to
                                         log events that were not transmitted. These events should be transmitted as soon as the
                                         GPS unit is back in coverage with the lag being no more than four (4) hours.



 


F.
Administrative Official


 


The
Administrative Official is a Postal Service Official designated by the Manager, Distribution Networks to supervise and administer
the performance of mail transportation and related services by suppliers.


 


Administrative
Officials are NOT authorized to award, agree to, amend, terminate, or otherwise change the provisions and/or terms and conditions
of the contract. Administrative Officials are responsible for ensuring supplier compliance with the operational requirements of
highway contract routes and administering functions related to performance of that service. Specifically, Administrative Officials
are responsible for the following:


 


		1.	Supervising
                                         the Supplier’s operations daily to ensure contract compliance, including necessary
                                         recordkeeping.



		2.	Obtaining
                                         screening information from highway transportation suppliers or contractor personnel.



		3.	Investigating
                                         irregularities and complaints regarding service on the route and taking corrective action.



		4.	Recommending
                                         establishment, discontinuance, or modifications to the manifest.



 






    Page 7 of 60


     


    

 


G.
Electronic Communication and Interactivity


 


The
Postal Service will utilize web-based systems that will require supplier interactivity. Suppliers will be required to maintain
and check their electronic mail (email) accounts regularly and to respond to email messages from the Postal Service. Suppliers
must notify the Postal Service of any changes to email addresses.


 


H.
Safety Rating (Federal Motor Carrier Safety Administration)


 


If
the Supplier is notified by the Federal Motor Carrier Safety Administration (FMCSA) that there is a proposed safety rating or
determination of a rating of “unsatisfactory” of the Supplier (as described in 49 CFR § 385.11), the Supplier
must notify the Contracting Officer within five (5) business days of receipt of its receipt of notice from the FMCSA. Should the
Supplier fail to do so, the Contracting Officer may terminate any and all of the Supplier’s contracts for default. In addition,
the Contracting Officer may terminate any and all of the Supplier’s contracts for default based upon a proposed safety rating
or determination of a rating of “unsatisfactory” of the Supplier (as described in 49 CFR § 385.11) by the FMCSA.


 


The
Supplier is expected to provide a fleet which can meet the federal and state transportation vehicle requirements. These requirements
include, but are not limited to, bed height restrictions, emission rates, maintenance standards and driving classifications.


 


I.
Subcontracting


 


The
offeror must include a detailed description of all related/support services (e.g. maintenance, custodial services) and specific
line haul services. The supplier must detail which routes the subcontract services will address and what allocation of the operation
will be covered by the subcontract services.


 


J.
Usage of Postal Facilities


 


Parking
for contract vehicles and trailers at Postal facilities and other uses of Postal facilities (unless otherwise specified within
this contract) may or may not be allowed at the discretion of each facility manager. The Supplier is responsible for all
associated costs and to have the vehicle properly secured at all times. The Supplier must have adequate contingency plans
in place should the use of postal facilities be terminated or limited. In no event shall the Postal Service be held liable for,
or incur any additional cost associated with, such use or the termination of such use during the contract term. 


 


 






    Page 8 of 60


     


    

K.
Payment and Schedule Changes



 


Payment for services rendered under this contract will be made as follows:


 


Suppliers
will receive a monthly payment processed by the 2nd Friday of the next calendar month of the period for which the service was
performed. If the Supplier operates mileage in either the Expected or Lower Mileage Ranges, the payment will be calculated by
multiplying the manifest miles by the Supplier’s RPM in the applicable mileage range (Expected or Lower). If the Supplier
operates mileage in the Upper Mileage Range, the Supplier will be paid for all manifest miles operated within the Expected Mileage
Range at the Expected Mileage Range RPM. Any additional miles over the maximum mileage of the Expected Range will be paid using
the Supplier’s Upper Mileage Range RPM. All extra trips will be captured in the TMS system and included in the monthly manifest
mileage calculation for the same period in which they were ordered. An example of the monthly payment calculation has been provided
below.





Monthly
Payment Calculation Example Site X


 


	Site X- December
	Peak	 	Minimum Mileage	 	 	Maximum Mileage	 	 	Supplier RPM	 
	Upper Mileage Range	 	 	17,912	 	 	 	19,427	 	 	$	1.65	 
	Expected Mileage Range	 	 	14,305	 	 	 	17,911	 	 	$	1.55	 
	Lower Mileage Range	 	 	11,856	 	 	 	14,304	 	 	$	1.60	 



 


	Site	 	Historic Weighted Avg. RPM	 
	Albuquerque Region A	 	$	2.83	 
	Albuquerque Region B	 	$	2.10	 
	Burlington	 	$	2.45	 
	Manchester Region A	 	$	2.43	 
	Manchester Region B	 	$	1.74	 
	Fayetteville Region A	 	$	2.00	 
	Fayetteville Region B	 	$	1.95	 



 


Note:
For the purposes of the example, payments have been rounded to the nearest dollar.


 


		●	If
                                         the Supplier ran 15,000 miles (inclusive of manifest miles and extra trips), then all
                                         15,000 would be paid at the Expected Mileage Range price. (15,000 x $1.55) = $23,250



		●	If
                                         the Supplier ran 12,000 miles (inclusive of manifest miles and extra trips), then all
                                         12,000 miles would be paid at the Lower Mileage Range price. (12,000 x $1.60) = $19,200



		●	If
                                         the Supplier ran 19,000 miles (inclusive of manifest miles and extra trips), then 17,911
                                         miles would be paid at the Expected Mileage Range price and 1,089 miles would be paid
                                         at the Upper Mileage Range price. (17,911 x $1.55) + (1,089 x $1.65) = $29,559



		●	If
                                         the Supplier is requested and agrees to operate the mileage in excess of the maximum
                                         (inclusive of manifest miles & extra trips), the additional mileage will be paid
                                         at the Upper Mileage Range rate for the total additional mileage run above the Expected
                                         Range. The Supplier has a right to refuse miles above the maximum mileage in the Upper
                                         Mileage Range Tier.



 


		o	Using
                                         the example above, if the Supplier agreed to run 20,000 miles, 17,911 would be paid at
                                         the Expected Mileage Range price, and 2,089 would be paid at the Upper Mileage Range
                                         Price. (17,911 x $1.55) + (2,089 x $1.65) = $31,209



 






    Page 9 of 60


     


    

 


		●	If
                                         monthly mileage falls below the minimum mileage (inclusive of manifest miles & extra
                                         trips) identified in the Lower Mileage Range, the Supplier will be paid for the minimum
                                         mileage in the lower mileage range, or (11,856 x $1.60) = $18,970 in the example month
                                         above.



 


No
supplier invoices are required. Supplier payments will be processed through the electronic 5429 (e5429) process at the conclusion
of each Postal Accounting Period for which payment is due. The payment for service will be made no later than the 2nd Friday of
the next calendar month of the period for which service was performed. All mileage will be captured in the TMS system and included
in the monthly manifest mileage calculation for the same period in which they were ordered.


 


Fuel
Rate Adjustment


 


This
contract will be administered under an automated fuel index process. At the end of each calendar month, the difference between
(1) the current monthly DOE regional fuel index for the applicable fuel type and (2) the DOE Benchmark Index will be calculated.
The contract RPM will only be adjusted if this difference is +/- $.0500 or more per gallon. This difference will be multiplied
by the proposed fuel gallons for mileage tier to provide a total fuel change cost. The proposed fuel gallons are to be used for
contract administration purposes only as a baseline for fuel rate adjustments. The gallons provided do not indicate a commitment
or actual fuel gallon usage on the part of the Postal Service or the Supplier.




The following example explains this process. For the purpose of this example, the existing DOE price for fuel is $3.70 and all
fuel purchases are in the same DOE region.


 


Fuel
Index Adjustment Example


 


	 	Fuel Month	 	DOE Fuel Price	 	 	Adjustment
	 	November	 	$	3.70	 	 	N/A- 1st Month of Contract
	 	December	 	$	3.73	 	 	None- Did not reach $0.05 threshold
	 	January	 	$	3.75	 	 	Increased $0.05 based on November index, Fuel rate adjustment occurs in February
	 	February	 	$	3.71	 	 	None- Did not reach $0.05 threshold
	 	March	 	$	4.10	 	 	Increased $0.35 based on January index, Fuel rate adjustment occurs in April



 


Once
it’s determined that a fuel rate adjustment is required the payment system will perform the following calculation to determine
the new adjusted contract rate.





The
fuel rate adjustment will be multiplied by the total number of proposed gallons for each pricing range to arrive at a total fuel
cost adjustment. The total fuel cost adjustment amount will then be added to the annual cost (of the expected mileage range) to
obtain an Annual Cost with Fuel Adjustment by pricing tier. The Annual cost with Fuel adjustment will then be divided by the total
annual miles for each applicable pricing tier to obtain a new RPM with adjusted fuel index.


 






    Page 10 of 60


     


    

 


Fuel
Index Adjustment Example, Adjusted RPM


 


	Mileage Range	 	Fuel Rate Adjustment	 	 	Supplier Proposed Gallons	 	 	Total Fuel Cost Adjustment
 (Gallons x Fuel Rate Adjustment)	 	 	Maximum Range Mileage	 	 	Contract RPM	 	 	Annual Cost	 	 	Annual Cost with Fuel Adjustment	 	 	New RPM with Adjusted Fuel Index	 
	Upper	 	$	0.35	 	 	 	12000	 	 	$	4,200	 	 	 	196,427	 	 	$	2.50	 	 	$	491,068	 	 	$	495,268	 	 	$	2.52	 
	Expected	 	$	0.35	 	 	 	10000	 	 	$	3,500	 	 	 	170911	 	 	$	2.00	 	 	$	341,822	 	 	$	345,322	 	 	$	2.02	 
	Lower	 	$	0.35	 	 	 	9000	 	 	$	3,150	 	 	 	149304	 	 	$	2.25	 	 	$	335,934	 	 	$	339,084	 	 	$	2.27	 



 


For
each Mileage Tier, suppliers are required to provide the number of annual fuel gallons proposed in their offer. This information
will be considered in the evaluation of proposed pricing and if awarded contract, will be used in the calculation of any fuel
adjustment.


 


L.
Performance





		1.	The
                                         Supplier is required to dispatch 98% of the tendered mail to permit arrival to all locations
                                         by the required delivery time (RDT), or scheduled delivery time identified in the manifest.
                                         The Supplier will be held accountable for all performance failures other than for delays
                                         imposed by the Postal Service (Per Clause B-79, Forfeiture of Compensation).



 


		2.	The
                                         Supplier will be required to maintain 98% accuracy for Quality of Dispatch. “Quality
                                         of Dispatch” is defined as no containers or loose pieces placed on incorrect departing
                                         transportation. If a “Quality of Dispatch” error occurs, the Supplier will
                                         immediately correct the source of the error to ensure the error does not reoccur.



 


		3.	The
                                         Supplier is responsible for having a quality assurance program established in-house to
                                         perform daily monitoring of, at minimum, actual mileage performed by driver weekly, performance
                                         failures, container location accuracy, and pick-up and delivery times. This program is
                                         to be established based on the discretion of the Supplier.



 


		4.	Monthly
                                         performance meetings between the Supplier and Postal Service will be performed as arranged
                                         by the Host P&DC Transportation Manager or designee (ex. local Administrating Official).



 


		5.	The
                                         Supplier must achieve 98% on-time dispatch performance of timely mail, outside of delays
                                         caused by the Postal Service, and 98% distribution accuracy for all mail tendered to
                                         and processed by the Supplier.



 


M.
Irregularities





When
an irregularity in performance occurs the Postal Service may take subsequent action as defined below:


 


		1.	Other
                                         Irregularities

                                         




		a.	The
                                         Postal Service will issue a PS Form 5500, Contract Route Irregularity Report. The Supplier
                                         must sign and return the Contract Route Irregularity Report within ten (10) days of receipt.



 






    Page 11 of 60


     


    

 


		b.	Suppliers
                                         are responsible for providing documentation to support requests for exceptions for unforeseen
                                         circumstances to include but not limited to weather, traffic accidents (not caused by
                                         the supplier), and detours.



 


		c.	Repeated
                                         irregularities as defined above, with no or ineffectual attempts at correction, may result
                                         in contract termination and the Supplier may be held liable for any re-procurement costs
                                         associated with the default.



 


		2.	Late
                                         Delivery Irregularities



 


		a.	Supplier
                                         induced irregularities resulting in late delivery (explained under Performance Framework)
                                         could result in a reduction in total pay in conjunction with PS Form 5500 (contracted
                                         RPM’s will apply), Contract Route Irregularity Report, or termination for default.



 


		b.	Upon
                                         receipt of a PS Form 5500, the Supplier shall promptly take all necessary corrective
                                         action to bring performance into compliance.



 


		c.	The
                                         Supplier will complete all appropriate areas of the PS 5500 and document the corrective
                                         action taken to ensure the error does not occur in the future. The PS 5500 must be signed
                                         and sent back to the Administrative Official within ten (10) days of receipt.



 


		d.	The
                                         Supplier and the Postal Service Administrative Official will discuss each completed PS
                                         5500. The PS 5500 will be discussed monthly during the performance discussion between
                                         the Supplier and Administrative Official.



 




    Page 12 of 60


     


    

 


Part
2: Dynamic Route Optimization Provisions


 


Provision
1-1: Supplier Clearance Requirements (March 2006)


 


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


 


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


 


Provision
1-4: Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (March 2006)


 


The
Supplier represents that former Postal Service officers or Postal Career Executive Service (PCES) executives will not be employed
as key personnel, experts or consultants in the performance of the contract if such individuals, within 1 year of their retirement
from the Postal Service, will be performing substantially the same duties as they performed during their career with the Postal
Service. In addition, no contract resulting from this solicitation may be awarded to such individuals or entities in which they
have a substantial interest, for 1 year after their retirement from the Postal Service, if the work called for in the solicitation
requires such individuals to perform substantially the same duties as they performed during their career with the Postal Service.


 


Provision
1-5: Proposed Use of Former Postal Service Employees (March 2006)


 


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


 


Provision
3-1: Notice of Small, Minority, and Woman-owned Business Subcontracting Requirements (March 2006)


 


All
Suppliers, except small businesses, must submit with their proposals the contract-specific subcontracting plan required by Clause
3-1: Small, Minority, and Woman-owned Business Subcontracting Requirements. Generally, this plan must be agreed to by both the
Supplier and the Postal Service before award of the contract.


 


Provision
4-1: Standard Solicitation Provisions (November 2007) (Modified)


 


		1.	Submission
                                         of Offers. The Postal Service will provide a Postal Service (PS) Form 7405, Order
                                         / Solicitation / Offer / Award, to Suppliers for signature and inclusion with the proposal
                                         package.



 


The
proposal(s) submitted by the Supplier will require, at a minimum:


 


		1.	Solicitation
                                         title.



 






    Page 13 of 60


     


    

 


		2.	The
                                         name, address, e-mail address, point of contact listed on 1st page of proposal
                                         and telephone number of the Supplier.



 


		3.	Price
                                         and any discount terms



 


		4.	“Remit
                                         to” address, if different than mailing address.



 


		5.	Federal
                                         Contractor Veterans Employment Report, Vet-4212:



https://www.dol.gov/vets/programs/fcp/vets-4212_rev_2017.pdf


 


		6.	A
                                         completed copy of the representations and certifications (Provision 4-3).



 


		7.	Acknowledgment
                                         of Solicitation Amendments.



 


		8.	PS
                                         Form 7405, Order / Solicitation / Offer / Award.



 


		9.	In
                                         addition to the items listed in this provision, Suppliers must address the items shown
                                         in Provision 4-1: Addendum: Required Information.



 


		2.	Business
                                         Disagreements. Business disagreements may be lodged with the Supplier Disagreement
                                         Resolution Official (SDRO) if the Supplier and the Contracting Officer have failed to
                                         resolve the disagreement as described in 39 CFR Section 601 (available for review at
                                         www.gpoaccess.gov/ecfr). The SDRO will consider the disagreement only if it is lodged
                                         in accordance with the time limits and procedures described in 39 CFR Section 601. The
                                         SDRO’s decisions are available for review at www.usps.com.



 


		3.	Late
                                         Proposals. Proposals or modifications of proposals received at the address specified
                                         for the receipt of proposals after the exact time specified for receipt of proposals
                                         will not be considered unless determined to be in the best interest of the Postal Service.



 


		4.	Type
                                         of Contract. The Postal Service plans to award a Fixed Rate per Mile, Indefinite
                                         Delivery, Indefinite Quantity, with Economic Price Adjustment contract under this solicitation
                                         and all proposals must be submitted on this basis. Alternate proposals based on other
                                         contract types will not be considered. Adjustments will be made in accordance with Management
                                         Instruction PM-4.4.1-2005-1 which can be found at http://about.usps.com/management-instructions/p441051.pdf.
                                         (See Clause B-3: Contract Type, for additional info)



 


		5.	Contract
                                         Award. The Postal Service may evaluate proposals and award contracts without discussions
                                         with Suppliers. Therefore, the Supplier’s initial proposal should contain the Supplier’s
                                         best terms from a price and technical standpoint. Discussions may be conducted if the
                                         Postal Service determines they are necessary. The Postal Service may reject any or all
                                         proposals if such action is in the best interest of the Postal Service.



 


		6.	Multiple
                                         Awards. The Postal Service intends to award one or more contracts under this solicitation.
                                         The Postal Service may award a Supplier one or more site(s) and/or region(s) under this
                                         solicitation. The Postal Service reserves the right to not award an additional site and/or
                                         region to a successful Supplier should it deem that a non-award of the additional site(s)
                                         and/or region to the successful Supplier is in its best interest.



 


		7.	Incorporation
                                         by Reference. Wherever in this solicitation or contract a standard provision or clause
                                         is incorporated by reference, the incorporated term is identified by its title, the provision
                                         or clause number assigned to it in the Postal Service’s Supplying Principles and
                                         Practices, and its date. The text of incorporated terms may be found in the Supplying
                                         Principles and Practices, accessible online at http://about.usps.com/manuals/spp/spp.pdf.



 






    Page 14 of 60


     


    

 


Questions
on the Solicitation. All Suppliers will receive as an attachment to the solicitation, Attachment N, Wave 3 Frequently Asked
Questions.


 


Provision
4-1: Additional Requirement. In order for the Postal Service to evaluate proposals in accordance with the criteria stated in Provision
4-2, the following information must be provided. In general, the Supplier should be concerned with providing specific facts in
lieu of broad generalizations and flowery descriptions. The Supplier must also complete and return the Representations and Certifications
(Provision 4-3 below). Instructions for proposal submittal are contained in the table below.


 


Proposals
are to be divided into volumes as shown in the table below. The Supplier must address the sections of each Tab within each Volume
in the order detailed in the tables below. Page number limitations are also noted in the table below. Page limitation excludes
coversheets, dividers, tables of contents, and attachments required by solicitation. Text in all volumes may be single-spaced
and no smaller than Arial 10 point font. Graphics may include fonts no smaller than Arial 8 point as displayed. Margins may be
no less than one (1) inch on any side, top, or bottom.


 


Proposals
must comply with the instructions contained herein. Proposals not in conformance with these instructions may be rejected. Previously
submitted data or prior performance presumed to be known to the USPS (e.g., any previous projects performed for the USPS) will
not be considered as part of the technical proposal evaluation; Supplier must include in this proposal all information it wants
to be considered by USPS. Any information that may have been submitted prior to the solicitation which is still relevant must
be resubmitted in the formats requested.


 


Volume
1 – Technical Proposal


 


	Tab	 	Criteria	 	Page Limit
	1	 	Supplier Eligibility	 	Check Box
	2	 	Past Performance	 	2
	3	 	Supplier Capability	 	2
	4	 	Management Plan	 	7
	5	 	Contingency Plan	 	2
	6	 	Sustainability Plan	 	3
	7	 	Subcontracting Plan	 	2



 


Volume
2 – Price Proposal


 


	Tab	 	Sections	 	Page Limit
	1	 	Completed and Signed PS Form 7405 (Attachment H)	 	1
	2	 	Pricing Sheet (for information only)	 	1
	3	 	Representations and Certifications (Provision 4-3) (Attachment C)	 	5
	4	 	Subcontracting Plan (Attachment F)	 	5



 


Volume
1 – Technical Proposal


 


The
factors that will be used in the technical evaluation of proposals and their relative importance are as follows:


 


		●	Supplier
                                         Eligibility is a pass or fail factor



		●	Past
                                         Performance is the most important Technical Evaluation factor



 






    Page 15 of 60


     


    

 


		●	Supplier
                                         Capability is less important than the Past Performance



		●	Management
                                         Plan is less important than Supplier Capability



		●	Contingency
                                         Plan is equal to Management Plan and Sustainability Plan



		●	Sustainability
                                         Plan is equal to Management Plan and Contingency Plan



 


Supplier
Eligibility


The
Supplier must submit information that will allow the evaluation team to determine that the Supplier is eligible to perform all
the services required for the full term of the resultant contract Information submitted must allow the evaluators to determine
the Supplier’s eligibility relating to the factors set forth in “Supplier Eligibility” in Provision 4-2, Evaluation.


 


Past
Performance


The
Supplier must submit information that will allow the evaluation team to determine its performance level on contracts and other
business arrangements of similar size and scope. Information submitted should allow the evaluators to determine the Supplier’s
past performance relating to the factors set forth in “Past Performance,” in Provision 4-2, Evaluation.


 


Supplier
Capability


The
Supplier must submit information that will allow the evaluation team to determine that the Supplier is able to perform all the
services required for the full term of the resultant contract. Information submitted must allow the evaluators to determine the
Supplier’s capability relating to the factors set forth in “Supplier Capability” in Provision 4-2, Evaluation.
This solicitation should be addressed as though this is the first time a Supplier is doing business with the Postal Service.


 


Management
Plan


Suppliers
must provide a Management Plan for dealing with normal daily operations, as well as unscheduled and unexpected events affecting
the expeditious operation of the network. The Supplier must provide an implementation plan and its project methodology or proposed
approach for ramping up and commencing the services required in the contract. The Supplier must include a description of the division
of roles and responsibilities during this process between the Supplier and USPS.


 


Contingency
Plan


The
Supplier must submit information that will allow the evaluation team to determine that a Supplier has Contingency Plan for dealing
with unexpected events, such as overflow mail, damaged containers, equipment breakdowns, etc. Information submitted must allow
the evaluators to determine the Supplier’s Contingency Plan relating to the factors set forth in “Contingency Plan”
in Provision 4-2, Evaluation.


 


Sustainability
Plan


The
Supplier must include a detailed sustainability plan in its proposal. The plan should describe the Supplier’s current sustainability
initiatives and metrics, as well as suggested initiatives on which the Supplier will work collaboratively with the Postal Service.
Information submitted must allow the evaluators to determine the Supplier’s capability relating to the factors set forth
in “Sustainability Plan” in Provision 4-2, Evaluation.


 


Subcontracting
Plan


All
suppliers, including 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. The offeror must include a detailed description of
all related/support services (e.g. maintenance, custodial services) and specific line haul services. The supplier must detail
which routes the subcontract services will address and what allocation of the operation will be covered by the subcontract services.
Information submitted must allow the evaluators to determine the Supplier’s capability relating to the factors set forth
in “Subcontracting Plan” in Provision 4-2, Evaluation.


 






    Page 16 of 60


     


    

 


Volume
2 – Price Proposal


 


		1.	PS
                                         Form 7405



 


The
Supplier must provide a completed and signed PS Form 7405 (Attachment H, Transportation Services Proposal & Contract (PS
7405)).


 


The
following instructions should be closely followed in completing this form:


 


Item
1. Fill in the solicitation number, date of the solicitation, and the terminal points of the route exactly as they appear on the
solicitation.


 


Item
2. N/A. Pricing is entered in Emptoris.


 


Item
3. In blocks a, b, and c, enter the complete name, address and phone number of the Supplier. Enter the Supplier’s DOT number
in block d. Enter the Employer Identification Number (Social Security Number if the Supplier is an individual)


 


Item
4. In block e, complete blocks f and g only if proposals are being submitted for box delivery routes.


 


Item
5. Supplier’s Financial Condition of company: The offeror must provide:


 


		a.	A
                                         recent credit report.



		b.	The
                                         offeror’s financial statements (e.g. Balance Sheet and Income Statement).



		c.	Funding
                                         documentation from a financial institution (when funding is required to obtain vehicles).



		d.	Most
                                         Recent Tax Returns for the past two years



 


Item
6. Supplier signature


 


Complete
the remainder of the form, including the appropriate certificate, and other items on the reverse, and sign the form as Supplier.


 


		2.	Price/RPM



 


The
Supplier must complete and submit pricing through the E-Sourcing System, Emptoris. 


 


The
Supplier must provide a Rate per Mile (RPM), for each mileage range for both Peak and Non-Peak periods. The Supplier’s proposed
rates must be calculated based on the mileage automatically populated in Emptoris. Attachment D- Pricing Sheet is provided as
information only and should not be included in the Supplier’s proposal submission.


 


The
proposed RPM for peak and non-peak must be inclusive of all supplier costs associated with providing the required services for
the proposed mileage range. These costs include but are not limited to equipment, labor, training, GPS, overhead, profit, and
fuel. The rates may be carried out to a maximum of four decimal places.


 


NOTE:
The Suppliers proposed RPM on the Expected Mileage will be the most important factor in evaluating the price. The Suppliers proposed
RPM on the Upper Range and the Lower Range are of equal importance but significantly less important than the proposed RPM of the
Expected Mileage Range.


 






    Page 17 of 60


     


    

 


Price
Analysis


Suppliers
will be asked to provide a price proposal for one or more regions for each site on which they bid. If suppliers provide a price
proposal for all or multiple regions within a site as a bundle they must also provide a price proposal for each individual region
within its multiple region proposal bundles. For each mileage range pricing offer, the supplier will also be required to detail
the number of proposed fuel gallons and labor hours so that impact of future adjustments in fuel and labor can be evaluated in
the pricing analysis.


 


	Region	 	Wave 3 DRO Site Name	 	Historic Avg Site RPM Non-Peak	 	 	Historic Avg Site RPM Peak	 
	A	 	Charleston WV	 	$	2.25	 	 	$	2.25	 
	B	 	Charleston WV	 	$	2.02	 	 	$	2.01	 
	C	 	Charleston WV	 	$	2.30	 	 	$	2.30	 
	D	 	Charleston WV	 	$	1.90	 	 	$	1.90	 
	E	 	Charleston WV	 	$	2.43	 	 	$	2.43	 
	F	 	Charleston WV	 	$	2.37	 	 	$	2.37	 
	G	 	Charleston WV	 	$	2.20	 	 	$	2.20	 
	A	 	Columbus OH	 	$	2.51	 	 	$	2.79	 
	B	 	Columbus OH	 	$	2.23	 	 	$	2.23	 
	C	 	Columbus OH	 	$	2.13	 	 	$	2.13	 
	D	 	Columbus OH	 	$	2.04	 	 	$	2.04	 
	E	 	Columbus OH	 	$	1.98	 	 	$	1.98	 
	A	 	Little Rock AR	 	$	2.06	 	 	$	2.08	 
	B	 	Little Rock AR	 	$	2.63	 	 	$	2.72	 
	A	 	Oklahoma City OK	 	$	3.60	 	 	$	3.56	 
	B	 	Oklahoma City OK	 	$	2.13	 	 	$	2.17	 



 


		3.	Representations
                                         and Certifications



The
Representations and Certifications pursuant to Provision 4-3 must be executed and returned with the proposal.


 


		4.	Subcontracting
                                         Plan (If applicable)



A
subcontracting plan is required if the proposal for the term of the contract is equal to or exceeds $1,000,000 or if the Supplier
plans to use subcontractors to operate a part or all of the transportation service. For example, if a Supplier proposes an annual
rate of $250,000 and the period of performance is four (4) years than a Subcontracting Plan would be required ($250,000 x 4) =
$1,000,000. The Subcontracting plan must meet the requirements outlined in Clause 3-1. 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 between a Postal
Service Supplier and subcontractor calling for supplies or services required for performance of the contract or subcontract (reference
Clause 3-1).


 






    Page 18 of 60


     


    

 


All
suppliers, including 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. The offeror must include a detailed description of
all related/support services (e.g. maintenance, custodial services) and specific line haul services. The supplier must detail
which routes the subcontract services will address and what allocation of the operation will be covered by the subcontract services.


 


The
following link: http://about.usps.com/who-we-are/foia/readroom/welcome.htm; It can be utilized, if desired, by offerors or potential
subcontractors to pursue opportunities to collaborate in support of a proposal. Proposed usage of any supplier as a subcontractor
is within the offeror’s discretion. The HCR list is not an endorsement of any supplier or direction of any kind to contract
with any supplier. Furthermore, additional companies that are not currently Postal Service suppliers but operate in the market
should be considered for collaboration.


 


Provision
4-2: Evaluation (March 2006) (Modified)


 


Each
Supplier will be required to submit a two-volume proposal. The Technical Evaluation will be based on the Volume 1 – Technical
Proposal, whereas the Price Evaluation will be based on data provided in the Volume 2 - Price Proposal.


 


The
factors that will be used in the technical evaluation of proposals and their relative importance are as follows:


 


		1.	Supplier
                                         Eligibility is a pass or fail factor



		2.	Past
                                         Performance is the most important Technical Evaluation factor



		3.	Supplier
                                         Capability is less important than the Past Performance



		4.	Management
                                         Plan is less important than Supplier Capability



		5.	Contingency
                                         Plan, Sustainability Plan, and Subcontracting Plan are all equal to Management Plan



 


Supplier
Eligibility (Pass / Fail)


 


The
Suppliers’ ability to meet all the required factors that are necessary to perform operations, to include the following:


 


a.
Companies ineligible:


 


		1.	Business
                                         organizations substantially owned or controlled by Postal Service employees or their
                                         immediate families.



		2.	Offerors
                                         suspended, debarred, ineligible, or proposed for suspension, debarment, or ineligibility
                                         are also excluded from conducting business with the Postal Service as agents, subcontractors,
                                         or representatives of other offerors.



 


b.
Suppliers will be asked to provide the financial condition of their company. The offeror must provide:


 


1.
A recent credit report.


2.
The offeror’s financial statements (e.g. Balance Sheet, Income Statement, etc.).


3.
Funding documentation from a financial institution (when funding is required to obtain vehicles).


4.
Most Recent Tax Returns for the past two years.


 






    Page 19 of 60


     


    

 


Past
Performance


The
offeror will be evaluated on its performance under existing and prior contracts for similar services. In evaluating past performance,
the Postal Service will consider the offeror’s effectiveness in quality of products or services; timeliness of performance;
cost control; business practices; customer satisfaction, and key personnel past performance.  Additionally, consideration
will be given to the offeror’s demonstrated commitment to continuous improvement, innovation, sustainability and knowledge
transfer.


 


The
offeror must submit a list of at least three (3) references that USPS may contact to assess the offer's past performance during
the past twelve (12) months. The list must include, at a minimum, the following information:


 


		1.	Name
                                         of reference (company name and location).



		2.	Point
                                         of contact (name and title).



		3.	Telephone
                                         number and email address.



		4.	Type
                                         of contract and size and services rendered for transportation contracts of similar scope.



		5.	Dates
                                         of service.



 


Supplier
Capability


The
extent to which the Supplier has the ability to obtain adequate resources (technical, equipment, etc.) to perform the work will
be evaluated. The Suppliers will address the following in the Supplier capability section of the proposal (which are not sub factors):


 


		1.	The
                                         ability to meet the required delivery schedule (e.g., able to begin operations on the
                                         effective date of start-up of contract performance) considering all existing commitments,
                                         including pending awards.



		2.	Equipment
                                         to include the type, age, and average miles per gallon (MPG) along with the offeror’s
                                         plan to upgrade vehicles during the life of the contract;



		3.	A
                                         sound record of integrity and business ethics; and



		4.	The
                                         necessary organization, experience, accounting and operational controls, technical skills,
                                         and property controls.



 


Management
Plan


The
offeror must include a detailed management plan in its proposal. The Management Plan, at a minimum, must address the offeror’s
plan and ability to perform at high level of on time performance, to include the following (which are not sub factors):


 


		1.	Monitoring
                                         of service performance to ensure quality on time performance.



		2.	Maintaining
                                         adequate staffing levels including drivers and supervisors considering the planned hours
                                         for portal time, layover, and pre/post inspections.



		3.	Compliance
                                         with Department of Labor (DOL) and Department of Transportation (DOT) regulations.



		4.	Completion
                                         of all loading in time to meet dispatch.



		5.	Implementation
                                         of global positioning systems (GPS) or other technology-driven solutions.



		6.	Implementation
                                         of a safety program and a driver training program.



		7.	Scanning
                                         Postal mail transport equipment (MTE).



		8.	Close-out,
                                         receive, and dispatch all surface vehicles.



		9.	Security
                                         of the mail.



		10.	Security
                                         screening of contractor personnel and verification of their eligibility.



		11.	Detail
                                         showing the offerors’ ability to obtain clearance in accordance with Administrative
                                         Support Manual 272.



		12.	Electronic
                                         Data Interchange to include Scanning and Data Transmission.



		13.	Subcontracting
                                         management and approach.



 






    Page 20 of 60


     


    

 


Contingency
Plan 


The
offeror must include a detailed Contingency Plan in its proposal. The Contingency Plan, at a minimum, must address the offeror’s
plan and ability to handle the contingency operations below (which are not sub factors):


 


		1.	Overflow
                                         mail



		2.	Less
                                         MTE than required



		3.	Damaged
                                         containers



		4.	Damaged
                                         or non-labeled mail



		5.	Schedule
                                         changes



		6.	Equipment
                                         breakdowns



		7.	Inclement
                                         weather during operations



		8.	Labor
                                         disruptions including, but not limited to, walkouts or strikes



		9.	Staffing
                                         shortages relating to medical or other emergencies



		10.	Delays
                                         caused by environmental issues such as fuel spills, chemical spills, or other HAZMAT.



 


Sustainability
Plan 


The
offeror must include a detailed sustainability plan in its proposal. The Sustainability Plan, at a minimum, must address the items
listed below (which are not sub factors):


 


		1.	A
                                         listing of the Make, Model, Age, and Class of Vehicle that it plans to use for the solicited
                                         service. The Vehicle Classification should be based on the details of the Attachment
                                         A, Vehicle Specifications. The offeror should provide a specific vehicle listing by Mileage
                                         Range (Upper, Expected, and Lower).



		2.	The
                                         offeror should list the average MPG for each class of vehicle listed for each Mileage
                                         Range (Upper, Expected, and Lower).



		3.	An
                                         explanation of the number of scheduled miles, portal miles, backhaul miles, maintenance
                                         miles, and any other miles that will be included in the contracted service for each Mileage
                                         Range (Upper, Expected, and Lower).



		4.	The
                                         amount of gallons of fuel that the offeror is proposing for this service for each Mileage
                                         Range (Upper, Expected, and Lower).



		5.	Whether
                                         the vehicles operate using alternative fuel. If so, please state the type (Compressed
                                         Natural Gas, Liquefied Natural Gas, etc.).



		6.	A
                                         plan to improve the fuel efficiency of the vehicles over the life of the contract. The
                                         plan should describe the offeror’s current sustainability initiatives and metrics,
                                         as well as suggested initiatives on which the offeror will work collaboratively with
                                         the Postal Service.



 


Subcontracting
Plan (10%)


All
suppliers, including 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. The offeror must include a detailed description of
all related/support services (e.g. maintenance, custodial services) and specific line haul services. The supplier must detail
which routes the subcontract services will address and what allocation of the operation will be covered by the subcontract services.


 


The
team will evaluate the Subcontracting Plan based on the items listed below (which are not subfactors):


 


		a.	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 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.



 






    Page 21 of 60


     


    

 


		b.	A
                                         statement of the: Total dollars planned to be subcontracted under this contract; and
                                         Total of that amount planned to be subcontracted to small, minority, and woman-owned
                                         businesses.



		c.	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.



		d.	A
                                         description of the method used to develop the subcontracting goals for this contract.



		e.	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.



		f.	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.



		g.	The
                                         name of the individual employed by the supplier who will administer the subcontracting
                                         program and a description of the individual’s duties.



		h.	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.



		i.	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 following: a.Source lists, guides, and other data identifying small, minority,
                                         and woman-owned businesses; Organizations contacted in an attempt to locate sources that
                                         are small, minority, and woman-owned businesses; Records on each subcontract solicitation
                                         resulting in an award of more than $100,000, indicating whether small, minority, or woman-owned
                                         businesses were solicited and if not, why not; and Records to support subcontract award
                                         data, including the name, address, and business size of each subcontractor.



		j.	Plan
                                         and details of all subcontractors proposed that are current Postal HCR suppliers.



 


For
the price evaluation, the Postal Service will evaluate the prices from the single site proposed offers and the multi-site proposed
offers by comparing the different combinations. Price is MORE important than technical proposal evaluation factors. The Postal
Service is more concerned with making an award at the lowest overall price than with obtaining superior technical or management
features. However, the Postal Service may not necessarily make an award at the lowest price in order to achieve a small price
savings if better value can be achieved with superior technical or management features. The benefits of a higher priced proposal
may merit a higher price.


 


As
part of the price evaluation, the Postal Service will also consider the impact of the supplier proposed fuel gallons and proposed
labor hours for each pricing tier.


 


The
USPS may determine that an offer is unacceptable if any of the Mileage Range Pricing is significantly unbalanced in relation to
other proposals received. The pricing must reflect a clear understanding of the requirements and must be consistent with the various
elements of the supplier’s technical proposal.


 


The
USPS anticipates awarding no more than one (1) supplier per site, with the exception of the four (4) sites that are split into
two (2) regions. For the sites that are split into two (2) regions, USPS may choose to award both regions to a single supplier
or award each region separately. Should a supplier be awarded multiple regions or multiple sites, the Purchase Team will ensure
that risks associated with awarding to a single supplier are mitigated and contingencies are available for additional service
coverage. If proposing more than one (1) site, suppliers will have the option of providing discounts for a multi-site award during
negotiations. This discount will be applicable to each site(s) proposed. The evaluation of the supplier’s price will be
inclusive of this discounted price; the determination of the optimal combination of site(s) to be awarded to a supplier will also
include the proposed discount.


 






    Page 22 of 60


     


    

 


Best
Value Decision


Award
will be made to the Supplier who proposes the best combination of price and technical factors. Price is more important than the
technical factors. In determining potential tradeoffs to arrive at the best value selection, the Postal Service will assess the
strengths, weaknesses, and deficiencies between or among competing technical proposals from the standpoint of:


 


1)
What the difference might mean in terms of technical factors; and


2)
What the evaluated cost would be for the Postal Service to take advantage of that difference.


 


Award
will not necessarily be made to the Supplier who provides the highest-rated technical proposal or to the Supplier who offers the
lowest price. Price will become more important in selecting between or among closely ranked technical proposals. In making any
price-technical tradeoff, the Postal Service also does not intend to pay a premium price unless there is a significant technical
advantage justifying a higher price. The Postal Service may award a Supplier one or more sites under this solicitation. The Postal
Service may choose to award each site to a different Supplier, depending on which Supplier provides the best value to USPS for
each site being solicited.


 


Suppliers
must receive an overall technical rating of “Fair” in order to be considered for award.


 


The
Postal Service reserves the right to not award a contract based on this solicitation should it deem that a non-award is in its
best interest. Awards will not be made to Suppliers whose proposals are not competitively priced or to Suppliers with poor technical
proposals.


 


Postal
Service E-Sourcing Registration


 


All
prospective Suppliers must register at https://uspsprod.emptoris.com


and
enter the required information.


 


Technical
and Price Proposals must be submitted in electronic form, through Emptoris. All submissions MUST be received in Emptoris no later
than 5:00 pm EST Friday, September 22, 2017. Please see the “USPS DRO - Bidding Instructions” document provided
to Suppliers in the solicitation invitation email message for details on the submission process.


 


Proposals
should be submitted in the following manner:


 


		●	Volume
                                         1 - Technical Proposal



		●	Volume
                                         2 - Price Proposal



		●	Financial
                                         Documents



 


Failure
to submit the required information may result in a proposal being deemed non-responsive. Non-responsive proposals will not be
considered for evaluation or award.


 






    Page 23 of 60


     


    

 


Provision
4-3: Representations and Certifications (November 2012)


[NOTE:
Use Attachment C, Representations and Certifications, for submission]


 


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



 


		a.	Operates
                                         as:



		●	__
                                         a corporation incorporated under the laws of the state of ________; or country of________________
                                         if incorporated in a country other than the United States of America.



		●	__
                                         an individual;



		●	__
                                         a partnership;



		●	__
                                         a joint venture;



		●	__
                                         a limited liability company;



		●	__
                                         a nonprofit organization; or



		●	__
                                         an educational institution; and



 


		b.	Is
                                         (check all that apply)



		●	__
                                         a small business concern;



		●	__
                                         a minority business (indicate minority below):



		●	__
                                         Black American



		●	__
                                         Hispanic American



		●	__
                                         Native American



		●	__
                                         Asian American:



		●	__
                                         a woman-owned business; or



		●	__
                                         none of the above entities.



 


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



 


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



 


		iii.	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.



 


		iv.	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 insures to the profits of any private shareholder or individual.



 






    Page 24 of 60


     


    

 


		c.	Is
                                         (check all that apply)



 


		●	__
                                         a Postal Service employee or a business organization substantially owned or controlled
                                         by such an individual



		●	__
                                         a spouse of a Postal Service employee or a business organization substantially owned
                                         or controlled by such an individual



		●	__
                                         another family member of a Postal Service employee or a business organization substantially
                                         owned or controlled by such an individual



		●	__
                                         an individual residing in the same household as a Postal Service employee or a business
                                         organization substantially owned or controlled by such an individual.



 


(Note:
Offers from any of the sources listed in subparagraph A.3, may not be considered for an award pending review and recommendation
by the Postal Service Ethics Office.)


 


		2.	Parent
                                         Company and Taxpayer Identification Number



 


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



 


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



 


		c.	IRS
                                         Form W-9, Request for Taxpayer Identification Number and Certification. You must complete
                                         a copy of IRS Form W-9 and attach it to this certification.



 


		d.	Check
                                         this block if the Supplier is owned or controlled by a parent company: ______________



 


		e.	If
                                         the block above is checked, provide the following information about the parent company:



 


Parent
Company’s Name_______________________________

Parent Company’s Main Office: __________________________

Address: _____________________________________________

No. and Street: ________________________________________

City: ________________ State: ______ ZIP Code: _____________

Parent Company’s TIN: __________________________________


 


		f.	If
                                         the Supplier is a member of an affiliated group that files its federal income tax return
                                         on a consolidated basis (whether or not the Supplier 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: _________________________________


 






    Page 25 of 60


     


    

 


		3.	Certificate
                                         of Independent Price Determination



 


		a.	By
                                         submitting this proposal, the Supplier 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:



 


		i.	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 Supplier or with any competitor;



 


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



 


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



 


		b.	Each
                                         person signing this proposal certifies that:



 


		i.	He
                                         or she is the person in the Supplier’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



 


		ii.	He
                                         or she is not the person in the Supplier’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.



 


		c.	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.



 


		4.	Certification
                                         of Non segregated Facilities



 


		a.	By
                                         submitting this proposal, the Supplier 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 Supplier agrees that
                                         a breach of this certification is a violation of the Equal Opportunity clause in this
                                         contract.



 


		b.	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.



 


		c.	The
                                         Supplier 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).



 






    Page 26 of 60


     


    

 


		5.	Certification
                                         Regarding Debarment, Proposed Debarment, and Other Matters (This certification must be
                                         completed with respect to any offer with a value of $100,000 or more.)



 


		a.	The
                                         Supplier certifies, to the best of its knowledge and belief, that it or any of its principals:



 


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



 


		ii.	Have
                                         ____ have not ___, within the three-year period preceding this offer, been convicted
                                         of or had a civil judgment rendered against them for commission of fraud or a criminal
                                         offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
                                         state, or local) contract or subcontract; violation of Federal or state antitrust statutes
                                         relating to the submission of offers; or commission of embezzlement, theft, forgery,
                                         bribery, falsification or destruction of records, making false statements, tax evasion,
                                         or receiving stolen property;



 


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



 


		iv.	Have
                                         ___ have not ___ within a three-year period preceding this offer, been convicted of or
                                         had a civil judgment rendered against them for commission of fraud or a criminal offense
                                         in conjunction with obtaining, attempting to obtain, or performing a public (Federal,
                                         state or local) contract or subcontract; violation of Federal or state antitrust statutes
                                         relating to the submission of offers; or commission of embezzlement, theft, forgery,
                                         bribery, falsification or destruction of records, making false statements, tax evasion
                                         or receiving stolen property; and



 


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



 


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



 


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



 


		d.	The
                                         Supplier must provide immediate written notice to the Contracting Officer if, at any
                                         time prior to contract award, the Supplier learns that its certification was erroneous
                                         when submitted or has become erroneous by reason of changed circumstances.



 


		e.	A
                                         certification that any of the items in E.1 and E.2 of this provision exists will
                                         not necessarily result in withholding of an award under this solicitation. However, the
                                         certification will be considered as part of the evaluation of the Supplier’s capability
                                         (see the Conduct Supplier Capability Analysis topic of the Evaluate Proposals task of
                                         Process Step 2: Evaluate Sources, in the Postal Service’s Supplying Practices).
                                         The Supplier’s failure to furnish a certification or provide additional information
                                         requested by the Contracting Officer will affect the capability evaluation.



 






    Page 27 of 60


     


    

 


		f.	Nothing
                                         contained in the foregoing may be construed to require establishment of a system of records
                                         in order to render, in good faith, the certification required by E.1 and E.2 of
                                         this provision. The knowledge and information of a Supplier is not required to exceed
                                         that which is normally possessed by a prudent person in the ordinary course of business
                                         dealings.



 


		g.	This
                                         certification concerns a matter within the jurisdiction of an agency of the United States
                                         and the making of a false, fictitious, or fraudulent certification may render the maker
                                         subject to prosecution under section 1001, Title 18, United States Code.



 


		h.	The
                                         certification in E.1 and E.2 of this provision is a material representation of fact
                                         upon which reliance was placed when making the award. If it is later determined that
                                         the Supplier knowingly rendered an erroneous certification, in addition to other remedies
                                         available to the Postal Service, the Contracting Officer may terminate the contract resulting
                                         from this solicitation for default.



 


Provision
9-2: Preaward Equal Opportunity Compliance Review


 


If
the contract award will be $10 million or more, the prospective Supplier and its known first-tier subcontractors with subcontract
of $10 million or more will be subject to a pre-award 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 28 of 60


     


    

 


Part
3 – Dynamic Route Optimization Clauses


 


Clause
B-1 Definitions (March 2006) (Modified)


 


As
used in this contract, the following terms have the following meanings:


 


		a.	Contracting
                                         Officer. The person executing this contract on behalf of the Postal Service, and any
                                         other officer or employee who is a properly designated Contracting Officer; the term
                                         includes, except as otherwise provided in the contract, the authorized representative
                                         of a Contracting Officer acting within the limits of the authority conferred upon that
                                         person.



 


		b.	Administrative
                                         Official. Any Postal Service official designated by the Manager, Distribution Network
                                         to supervise and administer a Supplier’s performance of mail transportation and
                                         related services. Officials so designated do NOT have the authority to make contract
                                         changes.



 


		c.	Mail.
                                         Mailable matter that is accepted for mail processing and delivery by USPS.



 


		d.	Manifest.
                                         The list of service points and times as described in the Postal Service provided schedule,
                                         may be extended, curtailed, or otherwise altered in accordance with the terms of this
                                         contract.



 


		e.	Supplier.
                                         The person or persons, partnership or corporation that will be providing the service
                                         advertised in this solicitation.



 


		f.	PS
                                         Form 5500, Contract Route Irregularity Report. This form is to describe the irregularity
                                         in service that will include the Supplier’s reply and the USPS comments, Form 5500
                                         can be used for failure to observe contract schedule; failure to have locks on doors;
                                         unsatisfactory vehicle; safety violations; omitted service or other irregularities as
                                         deemed appropriate.



 


		g.	PS
                                         Form 5397, Contract Route Extra Trip Authorization. This form is used for authorization
                                         of One-Way Trips or Round Trips in excess of miles/hours as identified on the Supplier
                                         manifest.



 


Clause
B-3: Contract Type (March 2006) (Modified)


 


This
contract will be an indefinite quantity, indefinite delivery contract under which the Postal Service will order mileage at a Fixed
Rate per Mile, subject to an economic adjustment. Minimum and maximum mileage quantities have been established for each P&DC
area. The supplier is guaranteed a minimum of 10% of the lower range total annual miles of the base year, which is the overall
contract minimum. After the base year, the minimum mileage guarantee will be applied monthly and based on the minimum miles listed
in the Lower Range mileage tier for each month. The monthly minimum guarantees will not apply in the event performance ends as
a result of a termination. Suppliers will also be expected to cover a maximum mileage amount equal to the top of the highest mileage
range identified for each region for both Non-Peak and Peak schedules. The Supplier has the right to refuse mileage above the
maximum monthly mileage identified.


 


Clause
B-9: Claims and Disputes (March 2006)


 


a.
This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) ("the Act" or "CDA").


 


b.
Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause.


 


c.
"Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking,
as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief
arising under or relating to this contract. However, a written demand or written assertion by the Supplier seeking the payment
of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d.2 below. A voucher, invoice,
or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be
converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed
either as to liability or amount is not acted upon in a reasonable time.


 






    Page 29 of 60


     


    

 


d.
A claim by the Supplier must be made in writing and submitted to the Contracting Officer for a written decision. A claim by the
Postal Service against the Supplier is subject to a written decision by the Contracting Officer. For Supplier claims exceeding
$100,000, the Supplier must submit with the claim the following certification: "I certify that the claim is made in good
faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately
reflects the contract adjustment for which the Supplier believes the Postal Service is liable, and that I am duly authorized to
certify the claim on behalf of the Supplier”. The certification may be executed by any person duly authorized to bind the
Supplier with respect to the claim.


 


e.
For Supplier claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Supplier, render a decision
within 60 days of the request. For Supplier-certified claims over $100,000, the Contracting Officer must, within 60 days, decide
the claim or notify the Supplier of the date by which the decision will be made.


 


f.
The Contracting Officer's decision is final unless the Supplier appeals or files a suit as provided in the


Act.


 


g.
When a CDA claim is submitted by or against a Supplier, the parties by mutual consent may agree to use an alternative dispute
resolution (ADR) process to assist in resolving the claim. A certification as described in d (2) of this clause must be provided
for any claim, regardless of dollar amount, before ADR is used.


 


h.
The Postal Service will pay interest in the amount found due and unpaid from:


 


(1)
The date the Contracting Officer receives the claim (properly certified, if required); or


 


(2)
The date payment otherwise would be due, if that date is later, until the date of payment.


 


i.
Simple interest on claims will be paid at a rate determined in accordance with the Interest clause.


 


j.
The Supplier must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim,
appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.


 


Clause
B-15: Notice of Delay (March 2006) (Modified)


 


Immediately
upon becoming aware of any difficulties that might delay deliveries under this contract, the Supplier will notify the Administrative
Official. The notification must identify the difficulties, the reasons for them, and the estimated period of delay anticipated.
Failure to give notice may preclude later consideration of any request for an extension of contract time.


 


Clause
B-16: Suspensions and Delays (March 2006)


 


a.
If the performance of all or any part of the
work of this contract is suspended, delayed, or interrupted by:


 


		(1)	An
                                         order or act of the Contracting Officer in administering this contract; or



 


		(2)	By
                                         a failure of the Contracting Officer to act within the time specified in this contract
                                         - or within a reasonable time if not specified - an adjustment will be made for any increase
                                         in the cost of performance of this contract caused by the delay or interruption (including
                                         the costs incurred during any suspension or interruption). An adjustment will also be
                                         made in the delivery or performance dates and any other contractual term or condition
                                         affected by the suspension, delay, or interruption. However, no adjustment may be made
                                         under this clause for any delay or interruption to the extent that performance would
                                         have been delayed or interrupted by any other cause, including the fault or negligence
                                         of the Supplier, or for which an adjustment is provided or excluded under any other term
                                         or condition of this contract.



 






    Page 30 of 60


     


    

 


b.
A claim under this clause will not be allowed:


 


		(1)	For
                                         any costs incurred more than 20 days before the Supplier has notified the Contracting
                                         Officer in writing of the act or failure to act involved; and



 


		(2)	Unless
                                         the claim, in an amount stated, is asserted in writing as soon as practicable after the
                                         termination of the delay or interruption, but not later than the day of final payment
                                         under the contract.



 


Clause
B-19: Excusable Delays (March 2006)


 


a.
Except with respect to defaults of subcontractors, the Supplier will not be in default by reason of any failure in performing
this contract in accordance with its terms (including any failure by the Supplier to make progress in the prosecution of the work
that endangers performance) if the failure arises out of causes beyond the control and without the fault or negligence of the
Supplier. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the government in its
sovereign capacity or of the Postal Service in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without
the fault or negligence of the Supplier.


 


b.
If failure to perform is caused by the failure of a subcontractor to perform or make progress and arises out of causes beyond
the control of both the Supplier and subcontractor, and without the fault or negligence of either of them, the Supplier will not
be deemed to be in default, unless:


 


(1)
The supplies or services to be furnished by the subcontractor are obtainable from other sources;


 


(2)
The Contracting Officer orders the Supplier in writing to procure the supplies or services from other sources; and


 


(3)
The Supplier fails to comply reasonably with the order.


 


c.
Upon request of the Supplier, the Contracting Officer shall ascertain the facts and extent of failure, and if the Contracting
Officer determines that any failure to perform was occasioned by any of the said causes, the delivery schedule shall be revised
accordingly, subject to the rights of the Postal Service under any termination clause included in this contract.


 


d.
As used in this clause, the terms "subcontractor" and "subcontractors" mean subcontractor(s) at any tier.


 


Clause
B-22: Interest (March 2006)


 


The
Postal Service will pay interest on late payments and unearned prompt payment discounts in accordance with the Prompt Payment
Act, 31 U.S.C. 3901 et seq., as amended by the Prompt


Payment
Act Amendments of 1988, P.L. 100-496.


 


Clause
B-26: Protection of Postal Service Buildings, Equipment, and Vegetation (March 2006)


 


The
Supplier must use reasonable care to avoid damaging buildings, equipment, and vegetation (such as trees, shrubs, and grass) on
the Postal Service installation. If the Supplier fails to do so and damages any buildings, equipment, or vegetation, the Supplier
must replace or repair the damage at no expense to the Postal Service, as directed by the Contracting Officer. If the Supplier
fails or refuses to make repair or replacement, the Supplier will be liable for the cost of repair or replacement, which may be
deducted from the contract price.


 






    Page 31 of 60


     


    

 


Clause
B-30: Permits and Responsibilities (March 2006)


 


The
Supplier is responsible, without additional expense to the Postal Service, for obtaining any necessary licenses and permits, and
for complying with any applicable federal, state, and municipal laws, codes, and regulations in connection with the performance
of the contract. The Supplier is responsible for all damage to persons or property, including environmental damage, which occurs
as a result of its omission(s) or negligence. The Supplier must take proper safety and health precautions to protect the work,
the workers, the public, the environment, and the property of others.


 


Clause
B-39: Indemnification (March 2006)


 


The
Supplier must save harmless and indemnify the Postal Service and its officers, agents, representatives, and employees from all
claims, losses, damage, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of any
personal injury or property damage received or sustained by any person, persons or property growing out of, occurring, or attributable
to any work performed under or related to this contract, resulting in whole or in part from negligent acts or omissions of the
Supplier, any subcontractor, or any employee, agent, or representative of the Supplier or any subcontractor.


 


Clause
B-64: Accountability of the Supplier (Highway) (March 2006)


 


a.
The Supplier shall supervise its operations and the operations of its subcontractors which provide services under this contract
personally or through representatives. The Supplier or its supervising representatives must be easily accessible in the event
of emergencies or interruptions in service.


 


b.
In all cases, the Supplier shall be strictly liable to the Postal Service for the Postal Service's actual damages if mail is subject
to loss, rifling, damage, wrong delivery, depredation, and other mistreatment while in the custody and control of the Supplier
or its subcontractors. The Supplier shall also be accountable and answerable in damages for the faithful performance of all other
obligations assumed under this contract, whether or not it has entrusted part or all of its performance to another, except


 


(1)
The Supplier is not liable for its failure to perform if the failure arises out of circumstances beyond its control, and without
its fault or negligence, and


 


(2)
The Supplier is not liable for a failure of its subcontractors to perform if the subcontractor's failure arises out of circumstances
beyond the Supplier or the subcontractor's control, and without the fault or negligence of either.


 


c.
The Supplier shall faithfully account for and deliver to the Postal Service all


 


(1)
Mail,


 


(2)
Moneys, and


 


(3)
Other property of any kind belonging to or entrusted to the care of the Postal Service, that come into its possession during the
term of this contract.


 


d.
The Supplier shall, promptly upon discovery, refund (i) any overpayment made by the Postal


Service
for service performed, or (ii) any payment for service not rendered.


 


Clause
B-65: Adjustments to Compensation (March 2006) (Modified)


 


Contract
compensation may be adjusted, from time to time, by mutual agreement of the Supplier and the Contracting Officer.


 


		a.	Any
                                         such adjustments shall be made in accordance with the provisions of this clause and any
                                         U.S. Postal Service Management Instruction governing adjustments in effect on the date
                                         of adjustment.



 


		b.	In
                                         connection with an adjustment, the Contracting Officer may examine such records and books
                                         of account maintained by the Supplier as the Contracting Officer may deem necessary.



 






    Page 32 of 60


     


    

 


		c.	Adjustments
                                         in compensation pursuant to this clause shall be memorialized by formal amendment to
                                         the contract.



 


		d.	Should
                                         the Postal Service introduce procedures which affect the Supplier’s obligations
                                         with respect to the costs of taxes, the contract price will be adjusted with respect
                                         to those costs, pro rata, without entitlement to other compensation for those adjustments,
                                         subject to the resolution of any dispute about the adjustments under the Claims and Disputes
                                         clause.



 


Clause
B-68: Changes in Corporate Ownership or Officers (March 2006)


 


		a.	This
                                         clause applies only if the Supplier is a corporation and it holds no other regular highway
                                         transportation contracts or the aggregate annual rate dollar value of any regular highway
                                         transportation contracts it holds is less than $150,000.



 


		b.	A
                                         principal owner is any individual, partnership, corporation, or other entity which holds
                                         25 percent or more of the Supplier’s stock. Corporate officers are the President,
                                         Vice President, and Secretary.



 


		c.	The
                                         Supplier shall furnish the Contracting Officer, in writing, the names of its principal
                                         owners and its corporate officers before contract award or novation.



 


		d.	Except
                                         in the case of death or incapacity of one or more of the principal owners or corporate
                                         officers, the Supplier must notify the Contracting Officer in writing not less than 30
                                         days prior to any planned change in the principal owners or corporate officers.



 


		e.	In
                                         the event of death or incapacity of one or more of the principal owners or corporate
                                         officers, the Supplier must notify the Contracting Officer in writing within 30 days.



 


Clause
B-69: Events of Default (March 2006) (Modified)


 


The
Supplier's right to perform this contract is subject to termination under the clause entitled Termination for Default. The following
constitute events of default, and this contract may be terminated pursuant to that Clause.


 


a.
The Supplier's failure to perform service according to the terms of the contract;


 


b.
If the Supplier has been administratively determined to have violated Postal laws and regulations and other laws related to the
performance of the service;


 


c.
Failure to follow the instructions of the Contracting Officer;


 


d.
If the Supplier transfers or assigns his contract, except as authorized herein, or sublets the whole or a portion of this contract
contrary to the applicable provisions of the U.S. Postal Service Supplying Principles and Practices or without any required approval
of the Contracting Officer;


 


e.
If the Supplier combines to prevent others from proposing for the performance of Postal Service contracts;


 


f.
The Supplier's failure properly to account, deliver and pay over moneys, mail and other property pursuant to this contract;


 


g.
If the Supplier or a partner, if the Supplier is a partnership, or a principal owner or corporate officer, if the Supplier is
a corporation,


 


(a)
has been or is, during the term of the contract, convicted of a crime of moral turpitude affecting his or her reliability or trustworthiness
as a mail transportation Supplier, such as any form of theft, fraud, embezzlement or assault, or


 


(b)
associates with known criminals, or


 






    Page 33 of 60


     


    

 


(c)
otherwise is not reliable, trustworthy or of good character.


 


h.
Any breach by the Supplier or subcontractor of any warranty contained in PS Form 7465, Transportation Services
Subcontract;


 


i.
If the Supplier allows any employed individual to operate a vehicle in connection with this contract who has a record indicating
that it would be hazardous for that individual to do so;


 


j.
If the Supplier's transportation equipment is insufficient, inadequate, or otherwise inappropriate for the service;


 


k.
If the Supplier employs any individual in connection with the contract contrary to the instructions of the Contracting Officer;


 


l.
If at any time the Supplier, its principal owners, corporate officers or personnel are disqualified by law or regulation from
performing services under this contract, and upon notice thereof, the Supplier fails to remove any such disqualification;


 


m.
If the Supplier fails to establish and maintain continuously in effect insurance as required by this contract, or fails to provide
proof of insurance prior to commencement of service and thereafter as required by the Contracting Officer;


 


n.
If the Supplier fails to provide any notification of a change in principal owners or corporate officers which this contract may
require; or


 


o.
If the Supplier materially breaches any other requirement or clause of this contract.


 


p.
When a Supplier has multiple contracts with the Postal Service, a material breach under one contract may be grounds for termination
of the Supplier’s remaining contracts, if the Contracting Officer determines that termination is in the best interests of
the Postal Service.


 


Clause
B-77: Protection of the Mail (March 2006)


 


The
Supplier must protect and safeguard the mail from loss, theft, or damage while it is in the Supplier's custody or control and
prevent unauthorized persons from having access to the mail.


 


Clause
B-78 Renewal (March 2006)


 


This
contract may be renewed by mutual agreement of the parties.


 


Clause
B-79: Forfeiture of Compensation (March 2006)


 


If
the Supplier fails to perform a trip for any reason, the offeror shall not be entitled to any compensation otherwise due for that
trip. If the offeror fails to perform a trip, and such failure is due to the fault or negligence of the Supplier or of its subcontractors,
the Supplier shall be liable for all damages actually suffered by the Postal Service by reason of such failure.


 


Clause
B-80: Laws and Regulations Applicable (March 2006)


 


This
contract and the services performed under it are subject to all applicable federal, state and local laws and regulations. The
Supplier shall faithfully discharge all duties and obligations imposed by such laws and regulations, and shall obtain and pay
for all permits, licenses, and other authorities required to perform this contract.


 






    Page 34 of 60


     


    

 


Clause
B-81: Information or Access by Third Parties (May 2006)


 


The
Postal Service retains exclusive authority to release any or all information about mail matter in the custody of the Supplier
and to permit access to that mail in the custody of the Supplier. All requests by non-postal individuals (including employees
of the Supplier) for information about mail matter in the custody of the Supplier or for access to mail in the custody of the
Supplier must be referred to the Contracting Officer or his or her designee.


 


Clause
B-82: Access by Officials (March 2006)


 


The
Supplier shall deny access to the cargo compartment of a vehicle containing mail therein to Federal, state or local officials
except at a postal facility and in the presence of a postal employee, unless to prevent damage to the vehicle or its contents.


 


Clause
1-1: Privacy Protection (October 2014)


 


In
addition to other provisions of this contract, the Supplier agrees to the following:


 


		a.	Privacy
                                         Act — If the Supplier operates a system of records on behalf of the Postal
                                         Service, the Privacy Act (5 U.S.C. 522a), the Postal Service regulations at 39 CFR Parts
                                         266–267, and Handbook AS-353, Guide to Privacy, the Freedom of Information Act,
                                         and Records Management and Appendix, apply to those records. The Supplier is considered
                                         to operate a system of records if it maintains records (including collecting, using,
                                         revising, deleting, or disseminating records) from which information is retrieved by
                                         the name of an individual or by some number, symbol, or other identifier assigned to
                                         the individual. The Supplier must comply with the Act and the Postal Service regulations
                                         and Handbook AS-353 in designing, developing, managing, and operating the system of records,
                                         including ensuring that records are current and accurate for their intended use, and
                                         incorporating adequate safeguards to prevent misuse or improper disclosure of personal
                                         information. Violations of the Act may subject the violator to criminal penalties.



 


		b.	Information
                                         Pertaining to Individuals (“Personal Information”) — If the Supplier
                                         has access to Postal Service information pertaining to individuals (e.g. customer or
                                         employee information), including address information, whether collected online or offline
                                         by the Postal Service or by a Supplier acting on its behalf, the Supplier must comply
                                         with the following:



 


		1.	General
                                         — With regard to the Postal Service customer information to which it has access
                                         pursuant to this contract, the Supplier has that access as an agent of the Postal Service
                                         and must adhere to its official Privacy Policy at http://usps.com/privacypolicy. 



 


		2.	Use,
                                         Ownership, and Nondisclosure — The Supplier may use Postal Service Personal
                                         Information solely for the purposes of this contract, and may not collect or use such
                                         information for non-Postal Service marketing, promotion, or any other purpose without
                                         the prior written approval of the Contracting Officer. The Supplier may not maintain,
                                         access, or store (including archival back-ups) any Personal Information data outside
                                         the United States. The Supplier must restrict access to such information to those employees
                                         who need the information to perform work under this contract, and must ensure that each
                                         such employee (including subcontractors’ employees) sign a nondisclosure agreement,
                                         in a form suitable to the Contracting Officer, prior to being granted access to the information.
                                         The Postal Service retains sole ownership and rights to its Personal Information. Unless
                                         the contract states otherwise, upon completion of the contract the Supplier must turn
                                         over all Postal Service Personal Information and any copies of the information, in any
                                         form the Personal Information or copies may exist, in its possession to the Postal Service.
                                         In addition, the Supplier must certify that no Postal Service Personal Information and,
                                         if applicable, copies, have been retained unless otherwise authorized in writing by the
                                         Contracting Officer. If so required elsewhere in this contract, the information or copies
                                         must be destroyed by the Supplier and the Supplier must certify to the Contracting Officer
                                         that such destruction has taken place.



 






    Page 35 of 60


     


    

 


		3.	Security
                                         Plan — When applicable, and unless waived in writing by the Contracting Officer,
                                         the Supplier must work with the Postal Service to develop and implement a security plan
                                         that addresses the protection of Personal Information. The plan will be incorporated
                                         into the contract and followed by the Supplier, and must, at a minimum, address notification
                                         to the Postal Service of any security breach. If the contract does not include a security
                                         plan at the time of contract award, it must be added within 60 days after contract award.



 


		4.	Breach
                                         Notification — If there is any actual or suspected breach of any nature in
                                         the security of Postal Service data, including Personal Information, the Supplier must
                                         notify the Contracting Officer and the Postal Service’s Chief Privacy Officer as
                                         soon as practicable but no later than 24 hours following the detection of a suspected
                                         or confirmed breach. The Supplier will be required to follow Postal Service policies
                                         regarding breach notification to customers and/or employees.



 


		5.	Legal
                                         Demands for Information — If a legal demand is made for Postal Service Personal
                                         Information (such as by subpoena), the Supplier must immediately notify the Contracting
                                         Officer and follow the applicable requirements in 39 CFR, sections 265.11 and 265.12.
                                         After notification, the Postal Service will determine whether and to what extent to comply
                                         with the legal demand. Should the Postal Service agree to or unsuccessfully resist a
                                         legal demand, the Supplier may, with the written permission of the Contracting Officer,
                                         release the information specifically demanded.



 


		c.	Online
                                         Assistance — If the Supplier assists in the design, development, or operation
                                         of a Postal Service customer Web site, or if it designs or places an ad banner, button,
                                         or link on a Postal Service Web site or any Web site on the Postal Service’s behalf,
                                         the Supplier must comply with the limitations set forth in the Official Postal Service
                                         Privacy Policy (see b.1, above). Exceptions to these limitations require the prior written
                                         approval of the Contracting Officer and the Postal Service’s Chief Privacy Officer.



 


		d.	Marketing
                                         E-Mail — If the Supplier assists the Postal Service in conducting a marketing
                                         e-mail campaign, the Supplier does so as an agent of the Postal Service and must adhere
                                         to the Postal Service policies set out in Postal Service Management Instruction AS-350-2004-4,
                                         Marketing E-mail. Suppliers wishing to conduct marketing email campaigns to postal
                                         employees must first obtain the prior written approval of the Contracting Officer.



 


		e.	Audits
                                         — The Postal Service may audit the Supplier’s compliance with the requirements
                                         of this clause, including through the use of online compliance software.



 


		f.	Indemnification
                                         — The Supplier will indemnify the Postal Service against all liability (including
                                         costs and fees) for damages arising out of violations of this clause.



 


		g.	Flow-down
                                         — The Supplier will flow this clause down to any and all subcontractors.



 


Clause
1-7: Organizational Conflicts of Interest (March 2006)


 


a.
Warranty Against Existing Conflicts of Interest. The Supplier warrants and represents that, to the best of its knowledge and belief,
it does not presently have organizational conflicts of interest that would diminish its capacity to provide impartial, technically
sound, objective research assistance or advice, or would result in a biased work product, or might result in an unfair competitive
advantage, except for advantages flowing from the normal benefits of performing this agreement.


 


b.
Restrictions on Contracting. The Supplier agrees that during the term of this agreement, any extensions thereto, and for a period
of 2 years thereafter, neither the Supplier nor its affiliates will perform any of the following:


 


(1)
Compete for any Postal Service contract for production of any product for which the Supplier prepared any work statement or specifications
or conducted any studies or performed any task under this agreement.


 






    Page 36 of 60


     


    

 


(2)
Contract (as the provider of a component or the provider of research or consulting services) with any Supplier competing for any
Postal Service contract for production of any product for which the Supplier prepared any work statements or specifications or
conducted any studies or performed any task under this agreement.


 


(3)
Contract (as the provider of a component or the provider of research or consulting services) with the Supplier which wins award
of a Postal Service contract for production of any product for which the Supplier prepared any work statement or specifications
or conducted any studies or performed any task under this agreement.


 


c.
Possible Future Conflicts of Interest. The Supplier agrees that, if after award of this agreement, it discovers any organizational
conflict of interest that would diminish its capacity to provide impartial, technically sound, objective research assistance or
advice, or would result in a biased work product, or might result in an unfair competitive advantage, except advantages flowing
from the normal benefits of performing this agreement, the Supplier will make an immediate and full disclosure in writing to the
Contracting Officer, including a description of the action the Supplier has taken or proposes to take to avoid, eliminate, or
neutralize this conflict of interest.


 


d.
Nondisclosure of Confidential Material


 


(1)
The Supplier recognizes that, in performing this agreement, it may receive confidential information. To the extent that and
for as long as the information is confidential, the Supplier agrees to take the steps necessary to prevent its disclosure to
any third party without the prior written consent of the Contracting Officer.


 


(2)
The Supplier agrees to indoctrinate its personnel who will have access to confidential information as to the confidential nature
of the information, and the relationship under which the Supplier has possession of this information.


 


(3)
The Supplier agrees to limit access to the confidential information obtained, generated, or derived, and to limit participation
in the performance of orders under this agreement to those employees whose services are necessary for performing them.


 


		e.	Postal
                                         Service Remedy. If the Supplier breaches or violates any of the warranties, covenants,
                                         restrictions, disclosures or nondisclosures set forth under this clause, the Postal Service
                                         may terminate this agreement, in addition to any other remedy it may have for damages
                                         or injunctive relief.



 


Clause
1-11: Prohibition Against Contracting with Former Officers or PCES Executives (March 2006)


 


During
the performance of this contract, former Postal officers or Postal Career Executive Service (PCES) executives are prohibited
from employment by the contractor as key personnel, experts or consultants, if such individuals, within 1 year after their
retirement from the Postal Service, would be performing substantially the same duties as they performed during their career
with the Postal Service.


 


Clause
1-12: Use of Former Postal Service Employees (March 2006)


 


During
the term of this contract, the Supplier must identify any former Postal Service employees it proposes to be engaged, directly
or indirectly, in contract performance. Such individuals may not commence performance without the Contracting Officer's prior
approval. If the Contracting Officer does not provide such approval, the Supplier must replace the proposed individual former
employee with another individual equally qualified to provide the services called for in the contract.


 






    Page 37 of 60


     


    

 


Clause
2-19: Option to Extend (Services Contract) (March 2006)


 


The
Postal Service may require the Supplier to continue to perform any or all items of services under this contract up to sixty (60)
days after contract end date. The Contracting Officer may exercise this option, at any time within the sixty (60) days prior to
contract end date, by giving written notice to the Supplier. The rates set forth in the Schedule will apply to any extension made
under this option clause.


 


For
purposes of continuity of service, the Contracting Officer may unilaterally extend the contract up to a period of sixty (60) days
at any time prior to the end of the contract’s current period of performance in order to allow for the support of any wave-in/wave-out
transition activities.


 


Clause
    2-22: Value Engineering Incentive (March 2006)


 





	 	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:


 


	 	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 Costs. 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.
	 	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.


 






    Page 38 of 60


     


    

 


	 	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).


 


	 	h. 	Sharing. If a VECP is accepted, the Supplier’s share is ___ percent of the contract savings. If options are included in the contract, the Supplier’s share for the additional quantity is ___ percent of the contract savings. The contract savings are calculated by subtracting the estimated cost of the performing the contract with the VECP, Postal Service costs, and the allowable development and implementation costs from the estimated cost of performing the contract without the VECP. Profit is excluded when calculating contract savings. (Contracting Officer inserts the negotiated percentage of shared savings. See the Shared Lessons Learned topic of the Manage Delivery and Contract Performance task of Process Step 5: Measure and Manage Supply, from the Postal Service Supplying Practices.)


 


	 	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 the Clarify Data Rights and Intellectual Property Issues topic
    of the Develop Sourcing Strategy task of Process Step 2: Evaluate Sources of the Supplying Practices.)
	 		 
	 	 	Additional
    Paragraph j (see the Clarify Data Rights and Intellectual Property Issues topic of the Develop Sourcing Strategy task of Process
    Step 2:
	 	 	 
	 	j.	Subcontracts.
    The Supplier must include an appropriate value engineering incentive clause in any firm-fixed-price subcontract of $100,000
    or more. In calculating any price adjustment for savings under this contract, the Supplier’s allowable VECP development
    and implementation costs include any subcontractor’s allowable development and implementation costs. Subcontract savings
    are subject to the sharing arrangements in paragraph h of this clause, and will be taken into account in determining the savings
    under this contract.


 






    Page 39 of 60


     


    

 


Clause
2-39: Ordering (March 2006) (MOdified)


 


Services
to be furnished under this contract will be ordered by the issuance of weekly manifests, during the period and by the activities
specified in the schedule.


 


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.


 


Clause
2-42: Indefinite Quantity (March 2006) (Modified)


 


		a.	This
                                         is an indefinite-quantity contract; the quantities of supplies or services specified
                                         in the Schedule are not purchased until ordered through issuance of the manifest.



 


		b.	Orders
                                         will be defined by the weekly Manifest schedule changes that suppliers receive. The weekly
                                         Manifest will be generated by the Transportation Management System (TMS) and issued by
                                         Surface Transportation Operations. The frequency of these changes may be every week.
                                         As the mileage and routes are optimized, supplier’s schedules will be updated to
                                         reflect this change.



 


		c.	Performance
                                         must be as directed in the Manifest in accordance with the contract Schedule. The Supplier
                                         must furnish to the Postal Service, when provided the Manifest, the services specified
                                         in the Manifest up to the quantity designated in the Attachment A: Service Point Details
                                         and Specifications as the maximum. The Postal Service will also detail the least quantity
                                         of services designated in the Attachment A: Service Point Details and Specifications,
                                         as the monthly minimum.



 


		d.	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 Manifest, 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.



 


Clause
3-1: Small, Minority, and Woman-owned Business Subcontracting Requirements (March 2006)


 


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 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.


 






    Page 40 of 60


     


    

 


(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 following:


 


(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 than $100,000 indicating whether small, minority, or woman-owned
businesses were solicited and if not, why not; and


 


(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.


 


Clause
3-2: Participation of Small, Minority, and Woman-owned Businesses (March 2006)


 


a.
The policy of the Postal Service is to encourage the participation of small, minority, and woman-owned business 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 the amount of money paid to subcontractors during the reporting period;


 






    Page 41 of 60


     


    

 


(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.


 


Clause
4-1: General Terms and Conditions (July 2007) (Modified)


 


a.
Inspection and Acceptance. The Supplier will only tender for acceptance those items that conform to the requirements of this contract.
The Postal Service reserves the right to inspect or test supplies or services that have been tendered for acceptance. The Postal
Service may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase
in contract price. The Postal Service must exercise its post acceptance rights (1) within a reasonable period of time after the
defect was discovered or should have been discovered and (2) before any substantial change occurs in the condition of the items,
unless the change is due to the defect in the item.


 


b.
Assignment. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the
Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending
agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover
all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party
as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized
as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy
of the instrument of assignment, is filed with:


 


(1)
The Contracting Officer;


 


(2)
The surety or sureties upon any bond; and


 


(3)
The office, if any, designated to make payment, and the Contracting Officer has acknowledged the assignment in writing.


 


(4)
Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will
be grounds for termination of the contract for default at the option of the Postal Service.


c.
Changes.


 


		1.	The
                                         Contracting Officer may, in writing, without notice to any sureties, order changes within
                                         the general scope of this contract in the following:



 


		a.	Drawings,
                                         designs, or specifications when supplies to be furnished are to be specially manufactured
                                         for the Postal Service in accordance with them;



 


		b.	Statement
                                         of work or description of services;



 


		c.	Method
                                         of shipment or packing;



 


		d.	Places
                                         of delivery of supplies or performance of services;



 


		e.	Delivery
                                         or performance schedule;



 


		f.	Postal
                                         Service furnished property or facilities.



 






    Page 42 of 60


     


    

 


		2.	Any
                                         other written or oral order (including direction, instruction, interpretation, or determination)
                                         from the Contracting Officer that causes a change will be treated as a change order under
                                         this paragraph, provided that the Supplier gives the Contracting Officer written notice
                                         stating (a) the date, circumstances, and source of the order and (b) that the Supplier
                                         regards the order as a change order.



 


		3.	If
                                         any such change affects the cost of performance or the delivery schedule, the contract
                                         will be modified to effect an equitable adjustment.



 


		4.	The
                                         Supplier’s claim for equitable adjustment must be asserted within 30 days of receiving
                                         a written change order. A later claim may be acted upon — but not after final payment
                                         under this contract — if the Contracting Officer decides that the facts justify
                                         such action.



 


		5.	Failure
                                         to agree to any adjustment is a dispute under Clause B-9, Claims and Disputes, which
                                         is incorporated into this contract by reference (see paragraph s). Nothing in that clause
                                         excuses the Supplier from proceeding with the contract as changed.



 


d.
Reserved


 


e.
Reserved


 


f.
Reserved


 


g.
Invoices:  See section L. Payment and Schedule Changes of the SOW


 


i.
Payment: See Part 1: Section L, Payment and Schedule Changes in SOW


 


j.
Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this
contract will remain with the Supplier until, and will pass to the Postal Service upon:


 


(1)
Delivery of the supplies to a carrier, if transportation is 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.


 


k.
Taxes. The contract price includes all applicable federal, state, and local taxes and duties.


 


l.
Termination with Notice. The Contracting Officer or the Supplier, on 60 days written notice, may terminate this contract or the
right to perform under it, in whole or in part, without cost to either party.


 


m.
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 assurances of future performance. In the event of
termination for default, the Postal Service will not be liable to the Supplier for any amount for supplies or services not accepted,
and the Supplier will be liable to the Postal Service for any and all rights and remedies provided by law. The debarment, suspension,
or ineligibility of the Supplier, its partners, officers, or principal owners under the Postal Service's procedures may constitute
an act of default under this contract, and such act will not be subject to notice and cure pursuant to any termination of default
provision of this contract. If it is determined that the Postal Service improperly terminated this contract for default, such
termination will be deemed a Termination with Notice; the calculation of damages will be based on the contract’s applicable
monthly minimums.


 






    Page 43 of 60


     


    

 


n.
Title. Unless specified elsewhere in this contract, title to items furnished under this contract will pass to the Postal Service
upon acceptance, regardless of when or where the Postal Service takes physical possession.


 


p.
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.


 


q.
Other Compliance Requirements. The Supplier will comply with all applicable Federal, State, and local laws, executive orders,
rules and regulations applicable to its performance under this contract. If there are any changes to a federal, state or local
law, statute or regulation, executive order or other rule applicable to contract performance during the term of this contract
that result in additional contract costs, these costs will be borne by the Supplier.


 


r.
Order of Precedence. Any inconsistencies in the provisions of a solicitation, a contract awarded under a solicitation, or a contract
awarded without the issuance of a written solicitation will be resolved by giving precedence in the following order:


 


(1)
The Statement of Work


(2)
The Provisions


(3)
The Clauses


(4)
Attachments to this document


(5)
Documents incorporated by reference.


 


Clause
4-2: Contract Terms and Conditions Required to Implement Policies, Statutes, or Executive Orders (July 2014) (Modified)


 


a.
Incorporation by Reference:


 


1.
Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is
identified by its title, the provision or clause number assigned to it, in the Postal Service Supplying Practices, and its date.
The text of incorporated terms may be found at http://about.usps.com/manuals/spp/spp.pdf. The following clauses are incorporated
in this contract by reference:


 


(2)
Clause B-25, Advertising of Contract Awards


(3)
Clause 1-5, Gratuities or Gifts


(4)
Clause 7-10, Sustainability


(5)
Clause 9-1, Convict Labor


(6)
Clause 9-5, Contract Work Hours and Safety Standards Act - Safety Standards


 


2.
If checked, the following additional clauses are also incorporated in this contract by reference:


(Contracting
Officer will check as appropriate.)


 


☐
(1) Clause 1-1, Privacy Protection


☒
(2) Clause 1-6, Contingent Fees


☐
 (3) Clause 1-9, Preference for Domestic Supplies


☐
 (4) Clause 1-10, Preference for Domestic Construction Materials


☐
 (5) Clause 3-1, Small, Minority, and Woman-owned Business Subcontracting Requirements


 






    Page 44 of 60


     


    

 


☐
 (6) Clause 3-2, Participation of Small, Minority, and Woman-owned Businesses


☒
(7) Clause 9-2, Contract Work Hours and Safety Standards Act - Overtime Compensation


☐
(8) Clause 9-3, Davis-Bacon Act


☐
 (9) Clause 9-6, Walsh-Healey Public Contracts Act


☒
(10) Clause 9-7, Equal Opportunity


☐ 
(11) Clause 9-10, Service Contract Act


☐ 
(12) Clause 9-11, Service Contract Act - Short Form


☐
 (13) Clause 9-12, Fair Labor Standards Acts and Services Contract Act - Price Adjustments


☐
(14) Clause 9-13, Affirmative Action for Handicapped Workers


☐
(15) Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era


 


b.
Examination of Records:


 


1.
Records - "Records" includes books, documents, accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of computer data, or in any other form.


 


2.
Examination of Costs - If this is a cost-type contract, the Supplier must maintain, and the Postal Service will have the
right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been
incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination
includes inspection at all reasonable times of the Supplier's plants, or parts of them, engaged in the performance of this
contract.


 


3.
Cost or Pricing Data - If the Supplier is required to submit cost or pricing data in connection with any pricing action relating
to this contract, the Postal Service, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data,
will have the right to examine and audit all of the Supplier's records, including computations and projections, related to:


 


a.
The proposal for the contract, subcontract, or modification;


 


b.
The discussions conducted on the proposal(s), including those related to negotiating;


 


c.
Pricing of the contract, subcontract, or modification; or


 


d.
Performance of the contract, subcontract or modification.


 


4.
Reports - If the Supplier is required to furnish cost, funding or performance reports, the Contracting Officer or any authorized
representative of the Postal Service will have the right to examine and audit the supporting records and materials, for the purposes
of evaluating:


 


a.
The effectiveness of the Supplier's policies and procedures to produce data compatible with the objectives of these reports; and


 


b.
The data reported.


 






    Page 45 of 60


     


    

 


5.
Availability - The Supplier must maintain and make available at its office at all reasonable times the records, materials, and
other evidence described in (b)(1)-(4) of this clause, for examination, audit, or reproduction, until three years after final
payment under this contract or any longer period required by statute or other clauses in this contract. In addition:


 


a.
If this contract is completely or partially terminated, the Supplier must make available the records related to the work terminated
until three years after any resulting final termination settlement; and


 


b.
The Supplier must make available records relating to appeals under the claims and disputes clause or to litigation or the settlement
of claims arising under or related to this contract. Such records must be made available until such appeals, litigation or claims
are finally resolved.


 


c.
Payment Offsets:


 


As
required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial
Management Service. Payments under this contract are subject to offset in whole or in part to for the Supplier's delinquent tax
and non-tax debts owed to the United States and the states and for delinquent child support payments. Suppliers with questions
concerning a payment offset should contact the Treasury Offset Program call center at: 1(800) 304-3107.


 


Clause
7-4: Insurance (March 2006) (Modified)


 


		a.	During
                                         the term of this contract and any extension, the Supplier must maintain at its own expense
                                         the insurance required by this clause. Insurance companies must be acceptable to the
                                         Postal Service. Policies must include all terms and provisions required by the Postal
                                         Service.



 


		b.	The
                                         Supplier must maintain and furnish evidence of workers’ compensation, employers’
                                         liability insurance, and the following general public liability and automobile liability
                                         insurance per the Federal Motor Carrier Safety Association (FMSCA), 49CFR 387.9, Financial
                                         Responsibility Minimum Levels:



 


		●	General
                                         Freight Carrier Trucks over 10,000 pounds are required to have $750,000 insurance.



		●	Carrier
                                         trucks under 10,001 pounds are required to have $300,000 liability insurance.



 


		c.	Each
                                         policy must include substantially the following provision: “It is a condition of
                                         this policy that the company furnish written notice to the U.S. Postal Service 30 days
                                         in advance of the effective date of any reduction in or cancellation of this policy.”



 


		d.	The
                                         Supplier must furnish a certificate of insurance or, if required by the Contracting Officer,
                                         true copies of liability policies and manually countersigned endorsements of any changes.
                                         Insurance must be effective, and evidence of acceptable insurance furnished, before beginning
                                         performance under this contract. Evidence of renewal must be furnished not later than
                                         5 days before a policy expires.



 


		e.	The
                                         maintenance of insurance coverage as required by this clause is a continuing obligation,
                                         and the lapse or termination of insurance coverage without replacement coverage being
                                         obtained will be ground for termination for default.



 


Clause
7-5: Errors and Omissions (March 2006)


 


		i.	The
                                         Supplier warrants that it is insured for $200,000 (unless a greater amount is set forth
                                         in the Schedule) for errors and omissions per claim in the performance of this contract.



 


		ii.	Unless
                                         the Supplier’s policy is prepaid, non-cancelable, and issued for a period at least
                                         equal to the term of this contract on an occurrence basis, the Supplier must have the
                                         policy amended to include substantially the following provision:



                                         “It is a condition of this policy that the company furnish written notice to the
                                         U.S. Postal Service 30 days in advance of the effective date of any reduction in or cancellation
                                         of this policy.”



 


		iii.	The
                                         Supplier must furnish a certificate of insurance or, if required by the Contracting Officer,
                                         true copies of liability policies and manually countersigned endorsements of any changes.
                                         Insurance must be effective, and evidence of acceptable insurance furnished, before beginning
                                         performance under this contract. Evidence of renewal must be furnished not later than
                                         5 days 



 






    Page 46 of 60


     


    

 


Clause
7-10: Sustainability (July 2014) (Modified)


 


The
Postal Service embraces sustainable practices and environmental responsibility, and encourages Suppliers to improve their environmental
sustainability practices in the performance of this contract. As appropriate, the Postal Service will collaborate with the Supplier
to identify opportunities that may improve the environmental and sustainability performance of the goods and services being provided
by the Supplier. Some of these environmental sustainable practices may include alternative fuel sources such as electricity, methanol,
natural gas and propane. The Postal Services encourages the Supplier to develop and propose innovative sustainability business
practices and offer goods and services that assist the Postal Service to operate in a more environmentally sustainable manner.
Innovative sustainability business practices can take the form of improved and more sustainable business processes, replacement
of materials used in performance with more sustainable materials, combination of sustainable materials with other materials that
lead to reductions in the total cost of ownership, or by some other means. If the proposed innovation results in enhanced sustainability
or otherwise furthers the Postal Service’s goals, then the Postal Service may share any savings resulting from the innovation
with the Supplier.


 


Clause
8-8: Additional Data Requirements (March 2006)


 


		a.	In
                                         addition to the data specified elsewhere in this contract to be delivered, the Contracting
                                         Officer may, at any time during contract performance or within a period of 3 years after
                                         acceptance of all items to be delivered under this contract, order any first generated
                                         or produced in the performance of this contract.



 


		b.	The
                                         Rights in Technical Data and the Rights in Computer Software clauses, or
                                         other equivalent data clauses if included in this contact, apply to all data ordered
                                         under this Additional Data Requirements clause. Nothing in this clause requires
                                         the supplier to deliver any data specifically identified in this contract as not subject
                                         to this clause.



 


		c.	When
                                         data are to be delivered under this clause, the supplier will be compensated for converting
                                         the data into the prescribed form for reproduction and delivery. The Contracting Officer
                                         may release the supplier from the requirements of this clause for specifically identified
                                         data items at any time during the three-year period set forth in paragraph a above.



 


Clause
8-10:Rights in Data — Special Works (March 2006)


 


		a.	Definition
                                         — Works means literary works, including technical reports, studies, and similar
                                         documents; musical and dramatic works; and recorded information, regardless of the form
                                         or the medium on which it may be recorded. It does not include information incidental
                                         to contract administration, such as financial, administrative, cost or pricing, or management
                                         information.



 


		b.	Rights:



 


		(1)	All
                                         works first produced in the performance of this contract are the sole property of the
                                         Postal Service. The supplier agrees not to assert or authorize others to assert any rights
                                         or establish any claim of copyright in these works.



 






    Page 47 of 60


     


    

 


		(2)	The
                                         supplier assigns all right, title, and interest to the Postal Service in all works first
                                         produced in performance of this contract that are not otherwise “works for hire”
                                         for the Postal Service under Section 201(b) of Title 17, U.S.C. The supplier, unless
                                         directed otherwise by the Contracting Officer, must place on all such works delivered
                                         under this contract the following notice:



“Copyright
(year of delivery) United States Postal Service”


		(3)	The
                                         supplier grants to the Postal Service a royalty-free, nonexclusive, irrevocable license
                                         throughout the world to publish, translate, deliver, perform, use, and dispose of in
                                         any manner any portion of a work that is not first produced in the performance of this
                                         contract but in which copyright is owned by the supplier and that is incorporated in
                                         the work finished under this contract, and to authorize others to do so for Postal Service
                                         purposes.



		(4)	Unless
                                         the Contracting Officer’s written approval is obtained, the supplier may not include
                                         in any works prepared for or delivered to the Postal Service under this contract any
                                         works of authorship in which copyright is not owned by the supplier or the Postal Service
                                         without acquiring for the Postal Service any right necessary to perfect a license of
                                         the scope set forth in subparagraph b(3) above.



		(5)	Except
                                         as otherwise specifically provided for in this contract, the supplier may not use for
                                         purposes other than the performance of this contact, or release, reproduce, distribute,
                                         or publish, any work first produced in the performance of this contract, or authorize
                                         others to do so.



 


		c.	Indemnity
                                         — The supplier indemnifies the Postal Service (and its officers, agents, and
                                         employees acting for the Postal Service) against any liability, including costs and expenses:



 


		(1)	For
                                         violation of proprietary rights, copyrights, or rights of privacy or publicity, arising
                                         out of the creation, delivery, or use of any works furnished under this contract, or



		(2)	Based
                                         upon any libelous or other unlawful matter contained in these works. These provision
                                         do not apply to material furnished by the Postal Service and incorporated in the works
                                         to which this clause applies.



 


Clause
8-13: Intellectual Property Rights (March 2006)


 


All
intellectual property rights evolving from studies, reports, or other data delivered under this contract are the sole property
of the Postal Service. The supplier agrees to make, execute, and deliver to the Postal Service any papers or other instruments
in such terms and contents as may be required for the filing of any required instrument necessary for preserving an intellectual
property right and does hereby assign and transfer to the Postal Service the entire right, title, and interest in and to the intellectual
property rights. Before final settlement of this contract, a final report must be submitted on Form 7398, Report of Inventions
and Subcontracts, or other format acceptable to the Contracting Officer.


 


Clause
8-16: Postal Service Title in Technical Data and Computer Software (March 2006)


 


		a.	Definitions:



 


		(1)	Data
                                         — Data means technical data including drawings, technical reports, studies,
                                         and similar documents; computer software and computer software documentation, including
                                         but not limited to source code, object code, algorithms, formulas, and, other data that
                                         describe design, function, operation, or capabilities, and other recorded information,
                                         regardless of the form or the medium on which it may be recorded. It does not include
                                         information incidental to contract administration, such as financial, administrative,
                                         cost or pricing, or management information.



 






    Page 48 of 60


     


    

 


		(2)	Form,
                                         Fit, and Function Data — Data relating to an item or process that are sufficient
                                         to enable physical and functional interchangeability, as well as data identifying source,
                                         size, configuration, mating and attachment characteristics, functional characteristics,
                                         and performance requirements; except that for computer software, it means data identifying
                                         origin, functional characteristics, and performance requirements but specifically excludes
                                         the source code, algorithm, process, formulas, and machine-level flowcharts of the computer
                                         software.



		(3)	Limited
                                         Rights Data — Data other than computer software developed at private expense,
                                         including minor modifications of these data.



		(4)	Technical
                                         Data — Data other than computer software, of a scientific or technical nature.



		(5)	Restricted
                                         Computer Software — Computer software developed at private expense that is
                                         a trade secret, is commercial or financial and confidential or privileged, or is published
                                         copyrighted computer software, including minor modifications of this computer software.



		(6)	Restricted
                                         Rights — The rights of the Postal Service in restricted computer software,
                                         as set forth in a Restricted Rights Notice as provided in paragraph h. below, or
                                         as otherwise may be provided in a collateral agreement incorporated in and made part
                                         of this contract.



		(7)	Unlimited
                                         Rights — The rights of the Postal Service in technical data and computer software
                                         to use, disclose, reproduce, prepare derivative works, distribute copies to the public,
                                         and perform and display publicly, in any manner and for any purpose, and to have or permit
                                         others to do so.



 


		b.	Rights:



 


		(1)	The
                                         Postal Service has title to all data first produced in the performance of this contract.
                                         Accordingly, the supplier assigns all rights, title, and interest to the Postal Service
                                         in all data first produced in performance of this contract. The supplier, unless directed
                                         otherwise by the Contracting Officer, must place on all such data delivered under this
                                         contract the following notice:



“This
data is the confidential property of the U.S. Postal Service and may not be used, released, reproduced, distributed or published
without the express written permission of the U.S. Postal Service.”


		(2)	The
                                         supplier grants to the Postal Service a royalty-free, nonexclusive, irrevocable license
                                         throughout the world to publish, translate, deliver, perform, use, and dispose of in
                                         any manner any portion of data that is not first produced in the performance of this
                                         contract but in which copyright is owned by the supplier and that is incorporated in
                                         the data furnished under this contract, and to authorize others to do so for Postal Service
                                         purposes.



		(3)	Unless
                                         the Contracting Officer’s written approval is obtained, the supplier may not include
                                         in any data prepared for or delivered to the Postal Service under this contract any data
                                         which is not owned by the supplier or the Postal Service without acquiring for the Postal
                                         Service any right necessary to perfect a license of the scope set forth in subparagraph
                                         b(2).



 


		c.	Indemnity
                                         — The supplier indemnifies the Postal Service (and its officers, agents, and
                                         employees acting for the Postal Service) against any liability, including costs and expenses:



 


		(1)	For
                                         violation of proprietary rights, copyrights, or rights of privacy or publicity, arising
                                         out of the creation, delivery, or use of any works furnished under this contract, or



		(2)	Based
                                         upon any libelous or other unlawful matter contained in these works. This provision does
                                         not apply to material furnished by the Postal Service and incorporated in the works to
                                         which this clause applies.



 


		d.	Additional
                                         Rights in Technical Data:



 


		(1)	Except
                                         as provided in paragraph b., the Postal Service has unlimited rights in:



 


		(a)	Form
                                         fit, and function data, including such data developed at private expense, delivered under
                                         this contract, and



		(b)	Technical
                                         data delivered under this contract that constitute manuals or instructional and training
                                         material for installation, operation, or routine maintenance and repair of items, components,
                                         or processes delivered or furnished for use under this contract.



 






    Page 49 of 60


     


    

 


		(2)	Copyright:



 


		(a)	The
                                         Contracting Officer may direct the supplier to establish, or authorize the establishment
                                         of, claim to copyright in the technical data and to assign, or obtain the written assignment
                                         of, the copyright to the Postal Service or its designated assignee.



		(b)	The
                                         supplier may not, without prior written permission of the Contracting Officer, incorporate
                                         in technical data delivered under this contract any data not first produced in the performance
                                         of this contract containing the copyright notice of 176 U.S.C. 401 or 402, unless the
                                         supplier identifies the data and grants to the Postal Service, or acquires on its behalf
                                         at no cost to the Postal Service, a paid-up, nonexclusive, irrevocable worldwide license
                                         in such copyright data to reproduce, prepare derivative works, distribute copies to the
                                         public, and perform and display the data publicly.



		(c)	The
                                         Postal Service agrees not to remove any copyright notices placed on data pursuant to
                                         this section d, and to include such notices on all reproductions of the data.



 


		e.	Release,
                                         Publication, and Use of Technical Data and Computer Software:



 


		(1)	Unless
                                         prior written permission is obtained from the Contracting Officer or to the extent expressly
                                         set forth in this contract, the supplier will not use, release to others, reproduce,
                                         distribute, or publish any technical data or computer software first produced by the
                                         supplier in the performance of the contract.



		(2)	The
                                         supplier agrees that if it receives or is given access to data or software necessary
                                         for the performance of this contract that contain restrictive markings, the supplier
                                         will treat the data or software in accordance with the markings unless otherwise specifically
                                         authorized in writing by the Contracting Officer.



 


		f.	Unauthorized
                                         Marking of Data or Computer Software:



 


		(1)	If
                                         any technical data or computer software delivered under this contract are marked with
                                         the notice specified in paragraph h. and the use of such a notice is not authorized
                                         by this clause, or if the data or computer software bear any other unauthorized restrictive
                                         markings, the Contracting Officer may at any time either return the data or software
                                         or cancel the markings. The Contracting Officer must afford the supplier at least 30
                                         days to provide a written justification to substantiate the propriety of the markings.
                                         Failure of the supplier to timely respond, or to provide written justification, may result
                                         in the cancellation of the markings. The Contracting Officer must consider any written
                                         justification by the supplier and notify the supplier if the markings are determined
                                         to be authorized.



		(2)	The
                                         foregoing procedures may be modified in accordance with Postal Service regulations implementing
                                         the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.
                                         In addition, the supplier is not precluded from bringing a claim in connection with any
                                         dispute that may arise as the result of the Postal Service’s action to remove any
                                         markings on data or computer software, unless this action occurs as the result of a final
                                         disposition of the matter by a court of competent jurisdiction.



 






    Page 50 of 60


     


    

 


		g.	Omitted
                                         or Incorrect Markings:



 


		(1)	Technical
                                         data or computer software delivered to the Postal Service without the limited rights
                                         notice or restricted notice authorized by paragraph h., or the data rights notice
                                         required by paragraph b., will be deemed to have been furnished with unlimited
                                         rights, and the Postal Service assumes no liability for the disclosure, use, or reproduction
                                         of such data or computer software. However, to the extent the data or software have not
                                         been disclosed outside the Postal Service, the supplier may request, within 6 months
                                         (or a longer time approved by the Contracting Officer) after delivery of the data or
                                         software, permission to have notices placed on qualifying technical data or computer
                                         software at the supplier’s expense, and the Contracting Officer may agree to do
                                         so if the supplier:



 


		(a)	Identifies
                                         the technical data or computer software to which the omitted notice is to be applied;



		(b)	Demonstrates
                                         that the omission of the notice was inadvertent;



		(c)	Establishes
                                         that the use of the proposed notice is authorized; and



		(d)	Acknowledges
                                         that the Postal Service has no liability with respect to the disclosure, use, or reproduction
                                         of any such data or software made before the addition of the notice or resulting from
                                         the omission of the notice.



 


		(2)	The
                                         Contracting Officer may also:



 


		(a)	Permit
                                         correction of incorrect notices, at the supplier’s expense, if the supplier identifies
                                         the technical data or computer software on which correction of the notice is to be made
                                         and demonstrates that the correct notice is authorized, or



		(b)	Correct
                                         any incorrect notices.



 


		h.	Protection
                                         of Rights:



 


		(1)	Protection
                                         of Limited Rights Data — When technical data other than data listed in paragraph
                                         d., above, are specified to be delivered under this contract and qualify as limited
                                         rights data, if the supplier desires to continue protection of such data, the supplier
                                         must affix the following “Limited Rights Notice” to the data, and the Postal
                                         Service will thereafter treat the data, subject to paragraphs f. and g. above,
                                         in accordance with the Notice:



 


“LIMITED
RIGHTS NOTICE


These
technical data are submitted with limited rights under Postal Service Contract No.__________(and subcontract_____________, if appropriate).
These data may be reproduced and used by the Postal Service with the express limitation that they will not, without written permission
of the supplier, be used for purposes of manufacture or disclosed outside the Postal Service; except that the Postal Service may
disclose these data outside the Postal Service for the following purposes, provided that the Postal Service makes such disclosure
subject to prohibition against further use and disclosure:


 


		(1)	Use
                                         (except for manufacture) by support service suppliers.



		(2)	Evaluation
                                         by Postal Service evaluators.



		(3)	Use
                                         (except for manufacture) by other suppliers participating in the Postal Service’s
                                         program of which the specific contract is a part, for information and in connection with
                                         the work performed under each contract.



		(4)	Emergency
                                         repair or overhaul work.



 


This
Notice must be marked on any reproduction of these data, in whole or in part.”


 


		(2)	Protection
                                         of Restricted Computer Software:



 


		(a)	When
                                         computer software is specified to be delivered under this contract and qualifies as restricted
                                         computer software, if the supplier desires to continue protection of such computer software,
                                         the supplier must affix the following “Restricted Rights Notice” to the computer
                                         software, and the Postal Service will thereafter treat the computer software, subject
                                         to paragraphs f. and g. above, in accordance with the Notice:



 


“RESTRICTED
RIGHTS NOTICE


 


		(a)	This
computer software is submitted with restricted rights under Postal Service Contract No.___________(and subcontract___________, if appropriate).
It may not be used, reproduced, or disclosed by the Postal Service except as provided below or as otherwise stated in the contract.



 






    Page 51 of 60


     


    

 


		(b)	This
                                         computer software may be:



 


		1.	Used
                                         or copied for use in or with the computer or computers for which it was acquired, including
                                         use at any Postal Service installation to which the computer or computers may be transferred;



		2.	Used
                                         or copied for use in a backup computer if any computer for which it was acquired is inoperative;



		3.	Reproduced
                                         for safekeeping (archives) or backup purposes;



		4.	Modified,
                                         adapted, or combined with other computer software, provided that the modified, adapted,
                                         or combined portions of any derivative software incorporating restricted computer software
                                         are made subject to the same restricted rights;



		5.	Disclosed
                                         to and reproduced for use by support service suppliers in accordance with 1. through
                                         4. above, provided the Postal Service makes such disclosure or reproduction subject to
                                         these restricted rights; and



		6.	Used
                                         or copied for use in or transferred to a replacement computer.



 


		(c)	Notwithstanding
                                         the foregoing, if this computer software is published copyrighted computer software,
                                         it is licensed to the Postal Service, without disclosure prohibitions, with the minimum
                                         rights set forth in the preceding paragraph.



		(d)	Any
                                         other rights or limitations regarding the use, duplication, or disclosure of this computer
                                         software are to be expressly stated in, or incorporated in, the contract.



		(e)	This
                                         Notice must be marked on any reproduction of this computer software, in whole or in part.”



 


		(b)	When
                                         it is impracticable to include the above Notice on restricted computer software, the
                                         following short-form Notice may be used instead, on condition that the Postal Service’s
                                         rights with respect to such computer software will be as specified in the above Notice
                                         unless otherwise expressly stated in the contract.



 


“RESTRICTED
RIGHTS NOTICE (SHORT FORM)


 


Use,
reproduction, or disclosure is subject to restrictions set forth in Contract No.__________________________(and
subcontract____________________________, if appropriate) with________________(name of supplier and
subcontractor).”


 


		i.	Subcontracting
                                         — The supplier has the responsibility to obtain from its subcontractors
                                         all computer software and technical data and the rights therein necessary to fulfill
                                         the supplier’s obligations under this contract. If a subcontractor refuses to accept
                                         terms affording the Postal Service such rights, the supplier must promptly bring such
                                         refusal to the attention of the Contracting Officer and may not proceed with subcontract
                                         award without further authorization.



 


		j.	Standard
                                         Commercial License or Lease Agreements — The supplier unconditionally
                                         accepts the terms and conditions of this clause unless expressly provided otherwise in
                                         this contract or in a collateral agreement incorporated in and made part of this contract.
                                         Thus the supplier agrees that, notwithstanding any provisions to the contrary contained
                                         in the supplier’s standard commercial license or lease agreement pertaining to
                                         any restricted computer software delivered under this contract, and irrespective of whether
                                         any such agreement has been proposed before or after issuance of this contract or of
                                         the fact that such agreement may be affixed to or accompany the restricted computer software
                                         upon delivery, the Postal Service has the rights set forth in this clause to use, duplicate,
                                         or disclose any restricted computer software delivered under this contract.



 


		k.	Relationship
                                         to Patents — Nothing contained in this clause implies a license
                                         to the Postal Service under any patent or may be construed as affecting the scope of
                                         any license or other right otherwise granted to the Postal Service. Clause 9-9: Equal
                                         Opportunity Pre-award Compliance of Subcontracts (March 2006)



 






    Page 52 of 60


     


    

 


Clause
9-10: Service Contract Act (March 2006)


 


		a.	This
                                         contract is subject to the Service Contract Act of 1965, as amended (41 U.S.C. 6701 et
                                         seq.), and to the following provisions and all other applicable provisions of the Act
                                         and regulations of the Secretary of Labor issued under the Act (29 CFR Part 4).



 


		(1)	Each
                                         service employee employed in the performance of this contract by the supplier or any
                                         subcontractor must be:



 


		(a)	Paid
                                         not less than the minimum monetary wages, and



		(b)	Furnished
                                         fringe benefits in accordance with the wages and fringe benefits determined by the Secretary
                                         of Labor or an authorized representative, as specified in any wage determination attached
                                         to this contract.



		(2)

                                                                                 
	



		(a)	If
                                         a wage determination is attached to this contract, the Contracting Officer must require
                                         that any class of service employees not listed in it and to be employed under the contract
                                         (that is, the work to be performed is not performed by any classification listed in the
                                         wage determination) be classified by the supplier so as to provide a reasonable relationship
                                         (that is, appropriate level of skill comparison) between the unlisted classifications
                                         and the classifications in the wage determination. The conformed class of employees must
                                         be paid the monetary wages and furnished the fringe benefits determined under this clause.
                                         (The information collection requirements contained in this paragraph b. have been
                                         approved by the Office of Management and Budget under OMB control number 1215-0150.)



 


		(b)	The
                                         conforming procedure must be initiated by the supplier before the performance of contract
                                         work by the unlisted class of employees. A written report of the proposed conforming
                                         action, including information regarding the agreement or disagreement of the authorized
                                         representative of the employees involved or, if there is no authorized representative,
                                         the employees themselves, must be submitted by the supplier to the Contracting Officer
                                         no later than 30 days after the unlisted class of employees performs any contract work.
                                         The Contracting Officer must review the proposed action and promptly submit a report
                                         of it, together with the agency’s recommendation and all pertinent information,
                                         including the position of the supplier and the employees, to the Wage and Hour Division,
                                         Employment Standards Administration, U.S. Department of Labor, for review. Within 30
                                         days of receipt, the Wage and Hour Division will approve, modify, or disapprove the action,
                                         render a final determination in the event of disagreement, or notify the Contracting
                                         Officer that additional time is necessary.



 






    Page 53 of 60


     


    

 


		(c)	The
                                         final determination of the conformance action by the Wage and Hour Division will be transmitted
                                         to the Contracting Officer, who must promptly notify the supplier of the action taken.
                                         The supplier must give each affected employee a written copy of this determination, or
                                         it must be posted as a part of the wage determination.



 


		(i)	The
                                         process of establishing wage and fringe benefit rates bearing a reasonable relationship
                                         to those listed in a wage determination cannot be reduced to any single formula. The
                                         approach used may vary from determination to determination, depending on the circumstances.
                                         Standard wage and salary administration practices ranking various job classifications
                                         by pay grade pursuant to point schemes or other job factors may, for example, be relied
                                         upon. Guidance may also be obtained from the way various jobs are rated under federal
                                         pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage
                                         determinations issued in the same locality. Basic to the establishment of conformable
                                         wage rates is the concept that a pay relationship should be maintained between job classifications
                                         on the basis of the skill required and the duties performed.



		(ii)	If
                                         a contract is modified or extended or an option is exercised, or if a contract succeeds
                                         a contract under which the classification in question was previously conformed pursuant
                                         to this clause, a new conformed wage rate and fringe benefits may be assigned to the
                                         conformed classification by indexing (that is, adjusting) the previous conformed rate
                                         and fringe benefits by an amount equal to the average (mean) percentage increase change
                                         in the wages and fringe benefits specified for all classifications to be used on the
                                         contract that are listed in the current wage determination, and those specified for the
                                         corresponding classifications in the previously applicable wage determination. If these
                                         conforming actions are accomplished before the performance of contract work by the unlisted
                                         class of employees, the supplier must advise the Contracting Officer of the action taken,
                                         but the other procedures in (1) (b), (2)(c) above need not be followed.



 


		(iii)	No
                                         employee engaged in performing work on this contract may be paid less than the currently
                                         applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act
                                         of 1938, as amended.



 


		(d)	The
                                         wage rate and fringe benefits finally determined pursuant to b(2)(a)
                                         and (b) above must be paid to all employees performing in the classification from
                                         the first day on which contract work is performed by them in the classification. Failure
                                         to pay unlisted employees the compensation agreed upon by the interested parties and/or
                                         finally determined by the Wage and Hour Division retroactive to the date the class of
                                         employees began contract work is a violation of the Service Contract Act and this contract.



 


		(e)	Upon
                                         discovery of failure to comply with b(2)(a) through (e) above,
                                         the Wage and Hour Division will make a final determination of conformed classification,
                                         wage rate, and/ or fringe benefits that will be retroactive to the date the class of
                                         employees commenced contract work.



 





		(3)	If,
                                         as authorized pursuant to section 4(d) of the Service Contract Act, the term of this
                                         contract is more than 1 year, the minimum monetary wages and fringe benefits required
                                         to be paid or furnished to service employees will be subject to adjustment after 1 year
                                         and not less often than once every 2 years, pursuant to wage determinations to be issued
                                         by the Wage and Hour Division, Employment Standards Administration of the Department
                                         of Labor.



 


(a)
The supplier or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined
conformably to it by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential
payments in cash in accordance with the applicable rules set forth in Subpart D of 29 CFR Part 4, and not otherwise.


 







    Page 54 of 60


     


    

 


		6.	In
                                         the absence of a minimum-wage attachment for this contract, neither the supplier nor
                                         any subcontractor under this contract may pay any person performing work under the contract
                                         (regardless of whether they are service employees) less than the minimum wage specified
                                         by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision
                                         relieves the supplier or any subcontractor of any other obligation under law or contract
                                         for the payment of a higher wage to any employee.



(2)


(a)       If
this contract succeeds a contract subject to the Service Contract Act, under which substantially the same services were furnished
in the same locality, and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement,
in the absence of a minimum wage attachment for this contract setting forth collectively bargained wage rates and fringe benefits,
neither the supplier nor any subcontractor under this contract may pay any service employee performing any of the contract work
(regardless of whether or not the employee was employed under the predecessor contract), less than the wages and fringe benefits
provided for in the agreement, to which the employee would have been entitled if employed under the predecessor contract, including
accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under the agreement.


 


(b)       No
supplier or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of section 4.1(b)
of 29 CFR Part 4 apply or unless the Secretary of Labor or an authorized representative finds, after a hearing as provided in
section 4.10 of 29 CFR Part 4, that the wages and/or fringe benefits provided for in the agreement vary substantially from those
prevailing for services of a similar character in the locality, or determines, as provided in section 4.11 of 29 CFR Part 4, that
the agreement applicable to service employees under the predecessor contract was not entered into as a result of arm’s-length
negotiations.


 


(c)       If
it is found in accordance with the review procedures in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that wages and/ or fringe benefits
in a predecessor supplier’s collective bargaining agreement vary substantially from those prevailing for services of a similar
character in the locality, and/or that the agreement applicable to service employees under the predecessor contract was not entered
into as a result of arm’s-length negotiations, the Department will issue a new or revised wage determination setting forth
the applicable wage rates and fringe benefits. This determination will be made part of the contract or subcontract, in accordance
with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may
be, irrespective of whether its issuance occurs before or after award (53 Comp. Gen. 401 (1973)). In the case of a wage determination
issued solely as a result of a finding of substantial variance, it will be effective as of the date of the final administrative
decision.


 


		e.	The
                                         supplier and any subcontractor under this contract must notify each service employee
                                         starting work on the contract of the minimum monetary wage and any fringe benefits required
                                         to be paid pursuant to the contract, or must post the wage determination attached to
                                         this contract. The poster provided by the Department of Labor (Publication WH 1313) must
                                         be posted in a prominent and accessible place at the worksite. Failure to comply with
                                         this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved
                                         by the Office of Management and Budget under OMB control number 1215-0150.)



 


		f.	The
                                         supplier or subcontractor may not permit services called for by this contract to be performed
                                         in buildings or surroundings or under working conditions provided by or under the control
                                         or supervision of the supplier or subcontractor that are unsanitary or hazardous or dangerous
                                         to the health or safety of service employees engaged to furnish these services, and the
                                         supplier or subcontractor must comply with the safety and health standards applied under
                                         29 CFR Part 1925.



g.


		(1)	The
                                         supplier and each subcontractor performing work subject to the Act must maintain for
                                         3 years from the completion of the work records containing the information specified
                                         in (a) through (f) following for each employee subject to the Service Contract Act and
                                         must make them available for inspection and transcription by authorized representatives
                                         of the Wage and Hour Division, Employment Standards Administration of the U.S. Department
                                         of Labor (approved by the Office of Management and Budget under OMB control numbers 1215-0017
                                         and 1215-0150):



 


		(a)	Name,
                                         address, and social security number of each employee.



		(b)	The
                                         correct work classification, rate or rates of monetary wages paid and fringe benefits
                                         provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and
                                         weekly compensation of each employee.



		(c)	The
                                         number of daily and weekly hours so worked by each employee.



		(d)	Any
                                         deductions, rebates, or refunds from the total daily or weekly compensation of each employee.



		(e)	A
                                         list of monetary wages and fringe benefits for those classes of service employees not
                                         included in the wage determination attached to this contract but for whom wage rates
                                         or fringe benefits have been determined by the interested parties or by the Administrator
                                         or authorized representative pursuant to paragraph b. above. A copy of the report
                                         required by b(2)(b) above is such a list.



		(f)	Any
                                         list of the predecessor supplier’s employees furnished to the supplier pursuant
                                         to section 4.6(1)(2) of 29 CFR Part 4.



 


		(2)	The
                                         supplier must also make available a copy of this contract for inspection or transcription
                                         by authorized representatives of the Wage and Hour Division.



		(3)	Failure
                                         to make and maintain or to make available the records specified in this paragraph g.
                                         for inspection and transcription is a violation of the regulations and this contract,
                                         and in the case of failure to produce these records, the Contracting Officer, upon direction
                                         of the Department of Labor and notification of the supplier, must take action to suspend
                                         any further payment or advance of funds until the violation ceases.



 






    Page 55 of 60


     


    

 


		(4)	The
                                         supplier must permit authorized representatives of the Wage and Hour Division to conduct
                                         interviews with employees at the worksite during normal working hours.



 


		h.	The
                                         supplier must unconditionally pay to each employee subject to the Service Contract Act
                                         all wages due free and clear and without subsequent deduction (except as otherwise provided
                                         by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. Payments must
                                         be made no later than one pay period following the end of the regular pay period in which
                                         the wages were earned or accrued. A pay period under the Act may not be of any duration
                                         longer than semimonthly.



		i.	The
                                         Contracting Officer must withhold or cause to be withheld from the Postal Service supplier
                                         under this or any other contract with the supplier such sums as an appropriate official
                                         of the Department of Labor requests or the Contracting Officer decides may be necessary
                                         to pay underpaid employees employed by the supplier or subcontractor. In the event of
                                         failure to pay employees subject to the Act wages or fringe benefits due under the Act,
                                         the Postal Service may, after authorization or by direction of the Department of Labor
                                         and written notification to the supplier, suspend any further payment or advance of funds
                                         until the violations cease. Additionally, any failure to comply with the requirements
                                         of this clause may be grounds for termination of the right to proceed with the contract
                                         work. In this event, the Postal Service may enter into other contracts or arrangements
                                         for completion of the work, charging the supplier in default with any additional cost.



		j.	The
                                         supplier agrees to insert this clause in all subcontracts subject to the Act. The term
                                         “supplier,” as used in this clause in any subcontract, is deemed to refer
                                         to the subcontractor, except in the term “supplier.”



		k.	Service
                                         employee means any person engaged in the performance of this contract other than any
                                         person employed in a bona fide executive, administrative, or professional capacity, as
                                         those terms are defined in 29 CFR Part 541, as of July 30, 1976, and any subsequent revision
                                         of those regulations. The term includes all such persons regardless of any contractual
                                         relationship that may be alleged to exist between a supplier or subcontractor and them.



l.


		(1)	If
                                         wages to be paid or fringe benefits to be furnished service employees employed by the
                                         supplier or a subcontractor under the contract are provided for in a collective bargaining
                                         agreement that is or will be effective during any period in which the contract is being
                                         performed, the supplier must report this fact to the Contracting Officer, together with
                                         full information as to the application and accrual of these wages and fringe benefits,
                                         including any prospective increases, to service employees engaged in work on the contract,
                                         and furnish a copy of the agreement. The report must be made upon starting performance
                                         of the contract, in the case of collective bargaining agreements effective at the time.
                                         In the case of agreements or provisions or amendments thereof effective at a later time
                                         during the period of contract performance, they must be reported promptly after their
                                         negotiation. (Approved by the Office of Management and Budget under OMB control number
                                         1215-0150.)



 






    Page 56 of 60


     


    

 


		(2)	Not
                                         less than 10 days before completion of any contract being performed at a Postal facility
                                         where service employees may be retained in the performance of a succeeding contract and
                                         subject to a wage determination containing vacation or other benefit provisions based
                                         upon length of service with a supplier (predecessor) or successor (section 4.173 of Regulations,
                                         29 CFR Part 4), the incumbent supplier must furnish to the Contracting Officer a certified
                                         list of the names of all service employees on the supplier’s or subcontractor’s
                                         payroll during the last month of contract performance. The list must also contain anniversary
                                         dates of employment on the contract, either with the current or predecessor suppliers
                                         of each such service employee. The Contracting Officer must turn over this list to the
                                         successor supplier at the commencement of the succeeding contract. (Approved by the Office
                                         of Management and Budget under OMB control number 1215-0150.)



 


		m.	Rulings
                                         and interpretations of the Service Contract Act of 1965, as amended, are contained in
                                         Regulations, 29 CFR Part 4.



 


n.


		(1)	By
                                         entering into this contract, the supplier and its officials certify that neither they
                                         nor any person or firm with a substantial interest in the supplier’s firm are ineligible
                                         to be awarded government contracts by virtue of the sanctions imposed pursuant to section
                                         5 of the Act.



		(2)	No
                                         part of this contract may be subcontracted to any person or firm ineligible for award
                                         of a government contract pursuant to section 5 of the Act.



		(3)	The
                                         penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
                                         1001.



 


		o.	Notwithstanding
                                         any of the other provisions of this clause, the following employees may be employed in
                                         accordance with the following variations, tolerances, and exemptions, which the Secretary
                                         of Labor, pursuant to section 4(b) of the Act before its amendment by P.L.
92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of government business:



 


		(1)	Apprentices,
                                         student-learners, and workers whose earning capacity is impaired by age, or physical
                                         or mental deficiency or injury may be employed at wages lower than the minimum wages
                                         otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without
                                         diminishing any fringe benefits or cash payments in lieu thereof required under section
                                         2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the
                                         employment of apprentices, student-learners, handicapped persons, and handicapped clients
                                         of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the
                                         regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).



		(2)	The
                                         Administrator will issue certificates under the Service Contract Act for the employment
                                         of apprentices, student- learners, handicapped persons, or handicapped clients of sheltered
                                         workshops not subject to the Fair Labor Standards Act of 1938, or subject to different
                                         minimum rates of pay under the two Acts, authorizing appropriate rates of minimum wages
                                         (but without changing requirements concerning fringe benefits or supplementary cash payments
                                         in lieu thereof), applying procedures prescribed by the applicable regulations issued
                                         under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).



		(3)	The
                                         Administrator will also withdraw, annul, or cancel such certificates in accordance with
                                         the regulations in 29 CFR Parts 525 and 528.



 






    Page 57 of 60


     


    

 


		p.	Apprentices
                                         will be permitted to work at less than the predetermined rate for the work they perform
                                         when they are employed and individually registered in a bona fide apprenticeship program
                                         registered with a State Apprenticeship Agency recognized by the U.S. Department of Labor,
                                         or if no such recognized agency exists in a state, under a program registered with the
                                         Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department
                                         of Labor. Any employee not registered as an apprentice in an approved program must be
                                         paid the wage rate and fringe benefits contained in the applicable wage determination
                                         for the journeyman classification of work actually performed. The wage rates paid apprentices
                                         may not be less than the wage rate for their level of progress set forth in the registered
                                         program, expressed as the appropriate percentage of the journeyman’s rate contained
                                         in the applicable wage determination. The allowable ratio of apprentices to journeymen
                                         employed on the contract work in any craft classification may not be greater than the
                                         ratio permitted to the supplier for its entire workforce under the registered program.



 


		q.	An
                                         employee engaged in an occupation in which he or she customarily and regularly receives
                                         more than $30 a month tips may have the amount of tips credited by the employer against
                                         the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance
                                         with section 3(m) of the Fair Labor Standards Act and Regulations, 29
CFR Part 531. However, the amount of this credit may not exceed $1.24 per hour beginning January 1, 1980, and $1.34 per hour
after December 31, 1980. To utilize this provison:



 


		(1)	The
                                         employer must inform tipped employees about this tip credit allowance before the credit
                                         is utilized;



		(2)	The
                                         employees must be allowed to retain all tips (individually or through a pooling arrangement
                                         and regardless of whether the employer elects to take a credit for tips received);



		(3)	The
                                         employer must be able to show by records that the employee receives at least the applicable
                                         Service Contract Act minimum wage through the combination of direct wages and tip credit
                                         (approved by the Office of Management and Budget under OMB control number 1214-0017);
                                         and



		(4)	The
                                         use of tip credit must have been permitted under any predecessor collective bargaining
                                         agreement applicable by virtue of section 4(c) of the Act.



 


		a.	Disputes
                                         arising out of the labor standards provisions of this contract are not subject to Clause
                                         B-9: Claims and Disputes but must be resolved in accordance with the procedures of
                                         the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning
                                         of this clause include disputes between the supplier (or any of its subcontractors) and
                                         the Postal Service, the U.S. Department of Labor, or the employees or their representatives.



 


Clause
9-12: Fair Labor Standards Act and Service Contract Act – Price Adjustment (February 2010)


 


		a.	The
                                         Supplier warrants that the contract prices do not include allowance for any contingency
                                         to cover increased costs for which adjustment is provided under this clause.



 


		b.	The
                                         minimum prevailing wage determination, including fringe benefits, issued under the Service
                                         Contract Act of 1965 by the Department of Labor (DOL), current at least every two years
                                         after the original award date, current at the beginning of any option period, or in the
                                         case of a significant change in labor requirements, applies to this contract and any
                                         exercise of an option of this contract. When no such determination has been made as applied
                                         to this contract, the minimum wage established in accordance with the Fair Labor Standards
                                         Act applies to any exercise of an option of this contract.



 






    Page 58 of 60


     


    

 


		c.	When,
                                         as a result of the determination of minimum prevailing wages and fringe benefits applicable
                                         (1) every two years after original award date, (2) at the beginning of any option period,
                                         or (3) in the case of a significant change in labor requirements, an increased or decreased
                                         wage determination is applied to this contract, or when as a result of any amendment
                                         to the Fair Labor Standards Act enacted after award that affects minimum wage, and whenever
                                         such a determination becomes applicable to this contract under law, the Supplier increases
                                         or decreases wages or fringe benefits of employees working on the contract to comply,
                                         the Supplier and the Contracting Officer will negotiate whether and to what extent either
                                         party will absorb the costs of the wage change. Any resulting change in contract price
                                         is limited to increases or decreases in wages or fringe benefits, and the concomitant
                                         increases or decreases in Social Security, unemployment taxes, and workers' compensation
                                         insurance, but may not otherwise include any amount for general and administrative costs,
                                         overhead, or profit. ( See Attachment E)



 


		d.	The
                                         Supplier or Contracting Officer may request a contract price adjustment within 30 days
                                         of the effective date of a wage change. If a request for contract price adjustment has
                                         been made, and the parties have not reached an agreement within thirty days of that request,
                                         the Contracting Officer should issue a unilateral change order in the amount considered
                                         to be a fair and equitable adjustment. The Supplier may then either accept the amount,
                                         or the Supplier may file a claim under Clause B-9: Claims and Disputes unless the Contracting
                                         Officer and Supplier extend this period in writing. Upon agreement of the parties, the
                                         contract price or unit price labor rates will be modified in writing. Pending agreement
                                         on or determination of any such adjustment and its effective date, the Supplier must
                                         continue performance.



 


		e.	The
                                         Contracting Officer or the Contracting Officer's authorized representative must, for
                                         3 years after final payment under the contract, be given access to and the right to examine
                                         any directly pertinent books, papers, and records of the Supplier.



 


Clause
9-14: Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (February 2010)


 


		a.	The
                                         Supplier must comply with the rules, regulations, and relevant orders of the Secretary
                                         of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of
                                         1972 (the Act), as amended (38 U.S.C. 4211 and 4212).



 


		b.	The
                                         Supplier may not discriminate against any employee or applicant because that employee
                                         or applicant is a special disabled veteran, a veteran of the Vietnam era, or other eligible
                                         veteran, in regard to any position for which the employee or applicant is qualified.
                                         The Supplier agrees to take affirmative action to employ, advance in employment, and
                                         otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and
                                         other eligible veterans without discrimination in all employment practices, such as employment,
                                         upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates
                                         of pay or other forms of compensation, and selection for training (including apprenticeship).



 


		c.	The
                                         Supplier agrees to list all employment openings which exist at the time of the execution
                                         of this contract and those which occur during the performance of this contract, including
                                         those not generated by this contract and including those occurring at an establishment
                                         of the Supplier other than the one where the contract is being performed, but excluding
                                         those of independently operated corporate affiliates, at an appropriate local office
                                         of the state employment service where the opening occurs. State and local government
                                         agencies holding Postal Service contracts of $100,000 or more will also list their openings
                                         with the appropriate office of the state employment service.



 


		d.	Listing
                                         of employment openings with the employment service system will be made at least concurrently
                                         with the use of any recruitment source or effort and will involve the normal obligations
                                         attaching to the placing of a bona fide job order, including the acceptance of referrals
                                         of veterans and nonveterans. The listing of employment openings does not require the
                                         hiring of any particular applicant or hiring from any particular group of applicants,
                                         and nothing herein is intended to relieve the Supplier from any other requirements regarding
                                         nondiscrimination in employment.



 


		e.	Whenever
                                         the Supplier becomes contractually bound to the listing provisions of this clause, it
                                         must advise the employment service system in each state where it has establishments of
                                         the name and location of each hiring location in the state. The Supplier may advise the
                                         state system when it is no longer bound by this clause.



 


		f.	Paragraphs
                                         c, d, and e above do not apply to openings the Supplier proposes to fill from within
                                         its own organization or under a customary and traditional employer union hiring arrangement.
                                         But this exclusion does not apply to a particular opening once the Supplier decides to
                                         consider applicants outside its own organization or employer union arrangements for that
                                         opening.



 



    Page 59 of 60


     


    

 


Part
4 – List of Attachments


 


 


Attachment
A – Service Point Details and Specifications


Attachment
B – Vehicle Specifications


Attachment
C – Representations and Certifications


Attachment
D – Pricing Sheet (for information only)


Attachment
E – Wage Determination Examples – National


Attachment
F – Subcontracting Plan Requirements


Attachment
G – PS3881-X Supplier and Payee EFT Enrollment


Attachment
H – Transportation Services Proposal & Contract (PS 7405)


Attachment
I – Standard Operating Procedure (SOP) Vehicle Inspections by Law Enforcement Officials


Attachment
J – Manifests


Attachment
K – Dock Safety Guidance


Attachment
L – Highway Contractor Safety


Attachment
M – DRO Mileage & Departure Time Variation


Attachment
N – Frequently Asked Questions


Attachment
O – Federal Contractor Veterans Employment Report (VETS-4212)


Attachment
P – Manifest Review Slides


 






    Page 60 of 60