Department of the Treasury, Financial Management Service (FMS), has a requirement for continuing maintenance on Flowmaster (Pitney Bowes) check processing equipment in use at the Philadelphia Regional Finance Center. The equipment configuration is comprised of the following model and serial numbers: Model Number Serial Number ZX03 055558 RD3L 0501086 1E05 0014330 Y491 2061301 Prospective offerors are required to be an authorized re-seller / maintenance provider for the listed equipment. Maintenance includes all parts (hardware as well as software) and labor. Preventative maintenance is performed at every 5 million cycles. A click charge for over 7.5 million cycles per year applies. Hours of coverage are Monday through Friday, 8:00 AM through 5:00 PM. This is a combined synopsis / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-12. Anticipated period of performance will be 2 years, one year base + 1, one-year option period. Statement of Work / maintenance description is as follows: BASIC SERVICE SUPPORT 1.1 Contractor shall perform maintenance services, inclusive of all parts, consumable materials/supplies, and labor, to ensure smooth operation of related equipment, in accordance with original specifications promulgated by Pitney Bowes. Maintenance shall be performed by authorized, Certified Service Representatives (CSR’s). 1.2 Maintenance activities will include reasonable remedial maintenance and preventative maintenance necessitated by normal usage. Remedial maintenance will include replacement of parts, excluding consumable parts, and machine enhancements. Parts provided hereunder shall be new or equivalent to new including refurbished parts. 1.3 Preventative maintenance will consist of inspecting, cleaning and periodically lubricating various components as well as replacing any worn parts. Contractor shall inform THE GOVERNMENT promptly of the timing and nature of preventative maintenance required, with a mutually agreed upon schedule for CSRs to perform the preventative maintenance. Contractor shall use commercially reasonable efforts to conduct preventative maintenance as scheduled. THE GOVERNMENT will make the equipment reasonably available to the contractor for performing the preventative maintenance. 1.4 Software and firmware maintenance is also be part of this agreement. 1.6 Obsolescence / Substitution From time to time, Contractor may provide notice to THE GOVERNMENT of its election, in its sole discretion, to terminate support for certain hardware, software, servers and/or databases due to obsolescence, end of life or a third party manufacturer’s election to discontinue certain servers, platforms and/or software (collectively “Obsolescence”). This may only occur when the subject item, product, equipment, or system has been withdrawn from the marketplace. Notification of this event (withdrawal from the marketplace) will also be provided to THE GOVERNMENT. In the event THE GOVERNMENT ’s support is terminated due to Obsolescence, THE GOVERNMENT will be provided a pro-rata refund for any amounts prepaid for maintenance for the obsolete hardware or software. In the event of a termination due to Obsolescence, THE GOVERNMENT will be provided an option to replace the obsolete software, servers and/or databases with replacements that replacements that meet or exceed THE GOVERNMENT ’s original system requirements. 2. OUTAGES 2.1 Initial Response Once at the THE GOVERNMENT site, the CSR has sixty (60) minutes to diagnose the problem. Once the problem is diagnosed, a time estimate for resolution shall be provided to the THE GOVERNMENT . 2.4 Replacement Parts If parts are required, availability must be made, and the THE GOVERNMENT, as well as service management, must be informed. Estimated time for completion of repairs will also be provided at that time. 3. SOFTWARE MAINTENANCE 3.1 Scope and Term of Schedule This schedule relates to maintenance for Contractor software and/or databases, as well as for software and databases developed by third parties and distributed under license by Contractor. 3.2 Software Maintenance Support Software maintenance shall consist of the distribution by Contractor to THE GOVERNMENT of fixes made from time to time to the Licensed Programs. The maintenance shall also include fixes (remediation of “bugs), and technical improvements as they occur. 3.3 Upgrades and Version Releases. All Version Releases, Upgrades, and Fixes provided under this Schedule shall be subject to the terms and conditions of the applicable agreement pursuant to which the original Licensed Program was licensed. Distribution will be provided at no additional charge to THE GOVERNMENT for database updates, as identified in the relevant purchase and/or license agreement; as they are made available. 3.6 Contractor Indemnification Notwithstanding anything in this Schedule to the contrary, Contractor will not be responsible: (i) for maintaining any Licensed Programs that THE GOVERNMENT has failed to operate properly on the approved platform; (ii) if the Licensed Programs are not used in accordance with the agreed applications and for the ordinary purpose for which they are designed; (iii) if the inability of any Licensed Program to perform is due to any act or failure to act on the part of THE GOVERNMENT , including without limitation, any alteration of or adding components to any Licensed Program or failure to install updates, Version Releases, Upgrades or Version releases; (iv) unqualified operators’ use of the Licensed Programs; (v) use of the Licensed Programs in a manner not intended; (vi) use of the Licensed Programs to process applications not previously approved in writing by Pitney Bowes; (vii) if the Licensed Programs have been operated with other media, not meeting or not maintained in accordance with the manufacturer’s specifications; or (viii) where THE GOVERNMENT ’s service issue results from a problem other than from the Licensed Programs. Applicable Clauses The following FAR Clause(s) apply to this acquisition, and are incorporated by reference: FAR 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. FAR 52.212-3, Offeror Representations and Certifications—Commercial Items: Offerors are required to submit a completed set, with their offer. FAR 52.212-4, Contract Terms and Conditions—Commercial Items, (no addenda apply) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items – the following additional clauses also apply. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.217-09 Option to Extend the Term of the Contract 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (none apply) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (none apply) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (not applicable) (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Questions may be directed to Mark Jefferson, Contracting Officer, on (202) 874-7271. Prospective offerors are specifically requested NOT to submit electronic line cards, capabilities statements, or other marketing materials via electronic mail.

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