CALL FOR ARTISTS

SEEKING ARTISTS TO CREATE UNITED STATES COIN AND MEDAL DESIGNS

The application period for the United States Mint Artistic Infusion Program (AIP) is now closed.

Become a part of history… The designs on United States coins and medals are more than simple illustrations on small metal discs: they are expressions of the values, aspirations, and shared heritage of our Nation. They serve as illustrations to the world of the essence and story of America.

Terms and Conditions

SECTION A – TABLE OF CONTENTS

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SECTION B – PRICES

B.1 FUNDING (FEB 2014) CLAUSE #B-005

No funds are obligated by issuance of this contract. Funds will be obligated under individual Delivery orders.

B.2 PRICING (FEB 2014) CLAUSE # B-136 (VAR)

The United States Mint shall pay Artistic Infusion Program (AIP) artists a fixed-fee per delivery order based on the following payment schedule for one obverse or reverse design submitted for a coin or medal program as required by that particular Delivery order:

Years in AIP Payment Per Assignment
0-2 $2,000
3-5 $2,500
6+ $3,000

If the Secretary of the Treasury or his designee selects any of the AIP artist’s submissions for use on a coin or medal, the United States Mint will pay the AIP artist an additional $5,000 per design used.

B.3 PAYMENTS PER DELIVERY ORDER

Contractor will receive one fee for any and all designs submitted under a single delivery order, including any modifications to such designs. Contractor will be paid the Design Selection Bonus fee for each design submitted under a delivery order that is ultimately selected and used for any coin or medal program.

B.4 MAXIMUM VALUE OF CONTRACT (FEB 2014) CLAUSE # B-007

The maximum potential value of the contract for all ordering periods shall not exceed $330,000.00.

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SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C.1 BACKGROUND

Congress created the United States Mint in 1792 to mint and issue circulating coins for the Nation’s trade and commerce. The bureau also prepares and strikes national and other medals, prepares and distributes numismatic items, including commemorative and bullion coins. The United States Mint established the Artistic Infusion Program (AIP) in 2003 to enrich and invigorate the Nation’s coin and medal designs through the development of a pool of outstanding artists who will be ready to create and submit new designs for United States coins and medals.

C.2 SCOPE

The Contractor shall create and submit one or more original designs based on the information and narrative provided in each delivery order.

C.3 PERFORMANCE TERMS AND CONDITIONS

  1. All design submissions to the United States Mint shall be assigned to the United States Mint and will become its sole and exclusive property.
  2. All design submissions shall be accompanied by a completed and signed rights transfer document. Reference attached sample rights transfer agreement (Assignment and Release). Specific rights transfer agreement language may vary by delivery order, depending on the needs of a particular coin or medal program.
  3. The Contractor will be invited to submit at least one design during each year of this contract. The Contractor shall accept at least one invitation during each year of this contract by submitting an appropriate design that meets program criteria and contract requirements.
  4. Exercise of option periods is contingent on Contractor submission of at least one appropriate design that meets program criteria and contract requirements each year.
  5. All AIP Designers are required to attend symposiums to be scheduled, when needed, after new annual contracts and option renewals take effect. Travel will be at the expense of the United States Mint and in accordance with the Federal Travel Regulations. The first symposium is tentatively scheduled for May of 2019 at the United States Mint at Philadelphia. Contractor is to submit the attached PDF_5384 E form and also provide additional information as identified in the attached Invitational Traveler Information for GovTrip Instructions.
  6. The Contractor shall be responsible at any time for any necessary modifications to his or her submitted designs as requested by the United States Mint. Changes may be requested for any reason, including historical accuracy, appropriateness, or coin-ability.
  7. With each submission, Contractor is required to relinquish and transfer to the United States Mint in perpetuity all rights in designs that are submitted to the United States Mint, and in their drafts, even if a design or draft was prepared before signing a contract with the United States Mint or is not ultimately used by the United States Mint. Contractor will not retain any rights in these designs or drafts, and will not be able to use or allow others to use them (or designs substantially similar to them) without specific written permission from the United States Mint in its sole discretion. For example, without permission from the United States Mint, Contractor will not be permitted to display these designs or drafts on a website, license them for use by any third party, or use or license an unused version or draft of a submitted design, even if it existed before contract execution.
  8. All designs submitted under this contract must be entirely original. If any design contains or is based on a third-party intellectual property (such as a photograph) or affects third-party rights (such as an individual’s name or likeness), presuming the delivery order for such designs authorizes the submission of designs that affect the rights of third parties or are based on third-party intellectual property. Contractor must (without assistance, payment or prompting from the United States Mint), obtain all consents necessary to ensure that the United States Mint, without further action, will own all rights in the design and its drafts, at the time the Contractor executes the applicable rights transfer agreement.
  9. Contractor consents to allow the United States Mint to use and allow others (such as licenses) to use, or modify and use submitted designs in any manner in all media and markets worldwide for commercial and other purposes in perpetuity without further restriction, approvals, permissions or compensation.
  10. With each design submission, Contractor waives and agrees not to enforce any “moral rights,” such as rights off attribution and integrity in submitted designs and drafts, and waives any right to inspect or approve any finished product and any advertising, marketing, promotional material or merchandising products and materials. Depending on the specified coin or medal program, the United States Mint may use submitted designs without placing Contractor’s name or initials on the coin or medal.
  11. With each design submission, Contractor warrants design ownership, originality, third-party rights clearances, and Contractor’s power and authority to sign the rights transfer agreements.
  12. Contractor agrees to indemnify the United States government against any claims for breach of Contractor’s warranties or for infringement of copyright or other third party rights.
  13. Contractor agrees to release and hold harmless the United States Mint, the United States government, and their agents and assigns, from claims and/or liability associated with any design submission.
    n. Contractor certifies that they are a citizen of the United States and an established professional artist, defined as one who meets all of the following criteria:

    1. has at least five years of relevant work experience, or has received specialized training in his or her artistic field, such as a degree or certification
    2. derives a portion of his or her individual earned income from his or her art or areas related to his or her art
    3. has experience in digital art techniques, software and technology (e.g. Photoshop, Illustrator, Wacom tablets)
    4. has a professional portfolio that includes published or publicly displayed art

C.4 OPTIONAL RENEWAL EVALUATION CRITERIA

Annual option renewal decisions will be based on the following evaluation factors:

C.4.1. Artistic Quality of Submitted Work

  • Demonstrated creativity
  • Demonstrated use of symbolism
  • Demonstrated clarity of idea and communication
  • Appropriate level of detail for scale of coins and medals
  • Good design sense and balance of space
  • Degree of coin-ability concerns and how the Contractor addresses them
  • Demonstrated ability to follow criteria and incorporation of required text on designs
  • Demonstrated ability to create balanced design using a good arrangement of all elements
  • Level to which designs demonstrate research into subject matter

C.4.2. Previous Compliance with Contract

  • Accepted at least one invitation by submitting an acceptable design
  • Attend AIP Symposium during the past contract year, if applicable
  • Demonstrated timeliness in submissions
  • Demonstrated compliance with the requirements of delivery order
  • Demonstrated compliance with legal requirements of AIP

C.4.3. Success in Creating Designs That Appeal to Stakeholders

  • Submitted designs that were reviewed favorably by the Citizens Coinage Advisory Committee or the Commission of Fine Arts
  • Submitted designs that were reviewed favorably by affinity groups, medal recipient organizations, or other program stakeholders

C.5 SECTION 508 COMPLIANCE – NEW IDIQ CONTRACTS (AUG 2002) CLAUSE # C-125

All electronic and information technology (EIT) products (supplies and services) provided or delivered under this contract shall fully conform to Section 508 of the Rehabilitation Act of 1973, as amended, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 CFR Part 1194 et seq.

Any electronic means by which the Contractor shall provide information or data about its offered products must conform to Section 508 requirements.

For every EIT product accepted under this contract by the United States Mint that does not fully comply with 36 CFR Part 1194 et seq. (pursuant to an exception or exclusion as determined by the United States Mint in its discretion), the Contractor shall on 30 days notice, at the discretion of the United States Mint, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral.

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SECTION D – PACKAGING AND MARKING

D.1 PACKAGING (JUL 2014) CLAUSE # D-008

  1. The contractor is responsible for properly packaging all shipments under ASTM D 3951 (Commercial Packaging standard) although specific additional packaging requirements may be specified herein. The contractor shall package all shipments in a manner that ensures against damage resulting from improper handling, inclement weather, water, excessive heat or cold, and to ensure acceptance by common carrier for safe transportation to the destination point of delivery. The Contractor shall also provide any additional protection required to prevent corrosion, deterioration, and physical damage during shipment and storage.
  2. The United States Mint will not be held responsible for any damage, deterioration, or losses incurred during loading, shipment, storage, and installation, except where the Contracting Officer determines that the United States Mint’s gross or willful negligence contributed to such damage, deterioration, or losses. In cases in which the Contracting Officer finds such contributory fault, the United States Mint’s liability shall be based on and limited to the proportionate degree to which such fault contributed to the damage, deterioration, or loss.

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE – GENERAL (MAY 2014) CLAUSE # E-013

The United States Mint shall have the right to inspect the work being performed under this contract at any place and at any time. Such inspections do not waive any term or requirement under this contract.

  1. Any work found not to be in compliance with the contract, or not in compliance with any delivery order, shall be corrected by the Contractor at no additional cost to the United States Mint. If the Contractor fails to timely correct the unacceptable work, the Contracting Officer may assess appropriate damages and may terminate the contract.
  2. Inspection of the work shall be made as soon as practicable after completion of the work and subsequent acceptance shall be final except for latent defects, fraud, gross mistakes amounting to fraud, failure to comply with applicable laws, or the United States Mint’s rights under warranty.
  3. Failure to agree with any decision by the Contracting Officer under this clause shall not permit the Contractor to stop or suspend work under this contract or any delivery order pending resolution of the issue. Failure to proceed in this manner will constitute a material breach of the contract by the Contractor.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 OPTION TO EXTEND SERVICE OR SUPPLY CONTRACT (JUL 2014) CLAUSE # F-016

The United States Mint may require continued performance of any service or supply contract within the limits and at the rates specified in this contract, outside the aggregate performance term. These rates may be adjusted only if agreed to by the United States Mint. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty 30 days prior to contract expiration. Contracting Officers cannot exercise unpriced options.

F.2 CONTRACT TERM (JAN 1996) CLAUSE # F-017

This contract shall remain in effect from date of award through (to be determined at time of award but will not exceed 5 years)

F.3 DELIVERY ORDER DELIVERY SCHEDULE

Each Delivery Order shall include the performance schedule and describe the design requested.

F.O.B. DESTINATION (APR 2000) CLAUSE # F-024

The Contractor shall deliver all supplies to the location designated in this contract free of any expense to the United States Mint.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICING (JUL 1999) CLAUSE # G-034

“Completion”, as it is used in this clause, is defined as the time at which the Contractors final submission is accepted in writing by the United States Mint COR specified in Section G.5.

The Contractor shall invoice at the completion of an Invitation and/or when eligible for a design selection bonus fee at the prices established in Section B.2 of this contract for work performed under this contract. The period of performance will be established at the delivery order level.

G.2 ORDERING (OCT 1997) CLAUSE # G-036 (VAR)

This is an indefinite quantity contract. Delivery or performance shall be made only as authorized by delivery orders issued by a United States Mint Contracting Officer. All delivery orders are subject to the terms and conditions of this contract.

G.3 TRAVEL (APR 2017) CLAUSE # G-040

All travel shall be pre-approved by the COR. Travel invoices shall be submitted separately with back-up documentation provided, to include a completed form, United States Mint Contractor Travel Voucher (Attachment G-2) for each traveler, receipts as indicated below, and the original United States Mint Travel Authorization (if applicable). The Voucher shall indicate the purpose of the trip and reference the associated contract deliverable. Except for meals and incidental expenses, all travel will be reimbursed at the actual expense rate. Indirect costs associated with travel expenses will not be reimbursed. Contractors shall obtain government rates whenever available and should obtain an agency letter of identification from the Contracting Officer to assist them in that regard. When government rates are not available, the contractor shall so indicate on their travel invoice.

Contractors are expected to incur expenses prudently. Excessive or lavish travel expenses will not be reimbursed. Below are some guidelines to prevent the incurrence of unacceptable travel expenses:

  1. Coach class transportation tickets should be purchased. Receipts are required. The lowest discounted tickets available should be purchased that will allow accomplishment of the United States Mint’s mission.
  2. Local transportation is encouraged, where applicable, i.e., metro rail, hotel shuttle, etc.
  3. Receipts are required for all lodging costs, regardless of amount. Actual hotel costs will be reimbursed up to the government maximum lodging amount for city as indicated in the Federal Travel Regulation. Standard hotel rooms should be purchased. Lodging cost will not be allowed for stays with friends and/or relatives.
  4. Receipts are not required for meals. Meals and incidental expenses (M&IE) will be reimbursed at the government M&IE rate as indicated in the Federal Travel Regulation, limited to 75% for first and last day of travel.
  5. In accordance with the Federal Travel Regulation (FTR), travelers are entitled to 75% of the prescribed meals and incidental expenses for one day travel away from your official station if it is longer than 12 hours. Please see FTR §301-11.101.
  6. Receipts are required for any miscellaneous expense over $75, i.e., taxi, phone calls, fax services, copier costs, rental of meeting room space, etc.
  7. Non business-related activities will not be reimbursed, i.e., movies in hotel rooms, personal phone calls, sight seeing ventures, transportation to night time activities or events, etc.
  8. Tips should not exceed 15% of the cost for taxis, etc.

Note: As government per diem rates are revised in the Federal Travel Regulation, the new rates will automatically be effective on the date of the revision. If additional expenses are needed, they must be justified, supported by receipts where applicable, and approved by the COR. If you cannot obtain a hard copy or access a Website for the Federal Travel Regulation (FTR), contact the Contracting Officer for assistance.

G.4 POST-AWARD CONFERENCE (SEP 1998) CLAUSE # G-099

The United States Mint intends to hold a post-award conference with the Contractor no later than 2 weeks after contract award. The purpose is to bring all relevant contract administration personnel together to ensure a clear, mutual understanding of the contract requirements/objectives and personnel roles and responsibilities. Any changes to the contract resulting from a post-award conference must be made by contract modification.

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 2013) CLAUSE # G-103

The Contracting Officer’s Representative (COR) for this contract will be determined at time of award.

  1. COR Limitations: Performance of the work under this contract shall be subject to the technical direction of the COR. Technical direction shall be issued in writing by the COR with a copy to the Contracting Officer and must be within the specifications/scope of work as described in Section C. The COR does not have the authority to, and may not issue any technical direction which: (1) constitutes an assignment of additional work outside the existing specifications/scope of work; (2) constitutes a change; (3) in any manner causes an increase or decrease in the total contract cost, the fixed fee (if any), or the time required for contract performance; (4) changes any of the expressed terms, conditions, or specifications of the contract; or (5) interferes with the Contractor’s right to perform the terms and conditions of the contract.
  2. Technical Direction. The term “technical direction” is defined to include the following:
    1. Directions to the Contractor which direct the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work;
    2. Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description; and,
    3. Review and, where required by the contract, approval of technical reports, drawings, specifications, products and technical information to be delivered by the Contractor to the Government under the contract.

G.6 CONTRACTOR CONTACT (MAR 1998) CLAUSE # G-107

The person listed below has been designated by the Contractor as the person whom the United States Mint may contact during the period of the contract for prompt action on matters pertaining to administration of the contract including negotiation of any proposed changes. This person shall also be responsible for distributing Smoking and other site-specific policies to all Contractor employees working at a United States Mint facility and shall serve as the point of contact regarding non-compliance with United States Mint policies.

Name: [NAME]
Title: [TITLE]
Address: [ADDRESS]

Tel. No.: [TEL NO.]
Fax No.: [FAX NO.]
E-Mail Address: [E-MAIL ADDRESS]

G.7 PAYMENT (JUL 2018) CLAUSE # G-108

  1. Payment Due Date. The due date for making payments shall be 30 calendar days after the later of: 1) Date designated paying office has received a proper invoice (see paragraph c. Invoice Content) or 2) Date United States Mint has accepted goods or services. If delivered goods or completed services are found defective, the provisions of this paragraph will be reapplied upon receipt of corrected goods or services. Payment shall be considered as being made on the date of an electronic funds transfer.
  2. Billing Instructions. The contractor shall submit invoice(s) electronically to the (IPP) Invoice Processing Platform website address at https://www.ipp.gov. Listed below is information for obtaining information and instructions for IPP. In addition waiver provisions for this requirement are also provided below.
  3. Invoice Content. A proper invoice shall include the following: Name and address of the contractor; taxpayer identification number (TIN); invoice date; contract number or other authorization (including delivery/task order number and contract line item number); description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms); name of payee, telephone number and address where payment is to be sent; name, telephone number and address of person to be notified in the event of a defective invoice; and any other documentation required by the contract. An invoice that does not include the minimum elements set forth herein or contains incorrect information is considered defective and will be returned to the Contractor.
  4. Payment Method. All payments will be made by electronic funds transfer. The Contractor shall be registered in the System for Award Management (SAM) database, per clause I-122, Required System for Award Management (SAM). Electronic payment information will be downloaded from the SAM. Payments will only be issued when the Contractor’s SAM record is current. Invoices will be returned to the Contractor without payment if the Contractor’s SAM record has expired.
    In accordance with the Treasury Offset Program, before an eligible federal payment is disbursed to a vendor, the Bureau of the Fiscal Service (BFS) compares the payment information with debtor information in BFS’s delinquent debtor database. If the vendor’s EIN/TIN and name match the EIN/TIN and name of a debtor, BFS withholds the payment, in whole or in part, to satisfy the debt, to the extent legally allowed. The debt offset will terminate collection of the debt if it is paid in full, compromised, discharged, or if other reasons justify termination. For more information, please visit website https://fiscal.treasury.gov/fsservices/gov/debtColl/dms/top/debt_top.htm.
  5. Interest. Any and all amounts that become payable to either of the parties to this contract shall be subject to interest at the rate determined by the U.S. Treasury under the procedures of the Prompt Payment Act (31 U.S.C. 3901-6 et. seq.) or the Debt Collection Act (31 U.S.C. 3701 et. seq.). Interest penalties are not required on payment delays due to defective invoices.
  6. Electronic Invoice and Payment Requirements
    1. Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers by the U.S. Treasury’s Financial Management Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers.
    2. The required method for invoicing is through IPP. The IPP website address is https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Help desk via email ippgroup@bos.frb.gov or phone (866) 973-3131.
    3. If the Contractor is unable to utilize IPP for submitting payment requests and one of the below exemptions exist, the CO will forward the IPP Waiver Form upon request.
      • Commercial products and services such utilities, charge card payments, vendors using Personally Identifiable Information (PII) for identification, relocation services, and other areas where Federal electronic invoicing processes do not match common industry practices.
      • Payments to foreign bank accounts are not supported by IPP.

    If approved invoices may be submitted electronically to AccountsPayable-Misc@fiscal.treasury.gov after completing the IPP Waiver Form and submitting it via e-mail to contractadministration@fiscal.treasury.gov. Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. Invoices shall contain the information required in accordance with the above information and as required by the United States Mint contract terms.
    Under this contract, the following documents are required to be submitted as an attachment to the invoice: Unless requested by the Contracting Officer or COR, no additional documentation is required

  7. Payment and Invoice Questions. For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.
  8. Conversion of Check Payments. Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check for a payment obligation, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement. The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

G.8 CORRESPONDENCE PROCEDURES (DEC 2014) CLAUSE # G-109

  1. Technical correspondence shall be sent to the COR, with an information copy furnished to the Contracting Officer.
  2. All other correspondence shall be sent to the Contracting Officer, with an information copy to the COR. The United States Mint contract number, task or delivery order number and/or modification number shall be included on all correspondence, information, forms, reports, invoices, etc., relating to this contract.

G.9 CONTRACT CLOSEOUT (APR 2017) CLAUSE # G-110

It is the United States Mint’s policy to close out contracts as soon as possible after completion of all deliverables and expiration of any warranty period. Accordingly, the contractor shall submit a final invoice based on the terms and conditions stated within the contract. Once final payment has been made by the Government, the contractor must sign the attached release entitled “United States Mint Contract Close-out and Release Letter” discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract. Failure to provide, or take exception to, the release within 30 calendar days of final payment shall constitute contractor’s release of and from all liabilities, obligations, and claims arising out of or under this contract.

G.10 NOTIFICATION OF ACQUISITION 360 SATISFACTION SURVEY ( OCT 2016) CLAUSE # G-115

This acquisition can be identified as being subject to the Acquisition 360 Satisfaction Survey. As a result, your company may receive a survey pursuant to the Office of Management and Budget’s (OMB) memorandum dated March 18, 2015 entitled, Acquisition 360 – Improving the Acquisition Process through Timely Feedback from External and Internal Stakeholders. If you receive a survey, your company is encouraged, but not required to respond. The survey should take no more than ten (10) minutes to complete and the results will not be published or made publicly available.

The United States Mint may not conduct or sponsor, and the public is not required to respond to, a collection of information that does not display a currently valid OMB control number. The OMB control number for this collection is 1505-0231.

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SECTION H – SECURITY REQUIREMENTS

H.1 SECURITY PROCEDURES FOR CONTRACTOR EMPLOYEES ALTERNATE I (FEB 2018) CLAUSE # H-044

It is not anticipated that access to United States Mint premises will be required under this contract. In the event access is required, special security procedures shall apply which will be communicated to the contractor by the Contracting Officer at that time.

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SECTION I – CONTRACT CLAUSES AND GENERAL PROVISIONS

I.1 NOTICE REGARDING INAPPLICABILITY OF LAWS GOVERNING PROCUREMENT OR PUBLIC CONTRACTS (MAR 2003) CLAUSE # GP-1

This is a contract for goods or services necessary for carrying out the programs or operations of the United States Mint. Provisions of law governing procurement or public contracts shall not be applicable to the procurement of goods or services necessary for carrying out Mint programs and operations. See 31 U.S.C. § 5136.

I.2 CHANGES (OCT 1998) CLAUSE # GP-2

The Contracting Officer may at any time, by written order, make unilateral changes to the contract including orders to stop work. The Contractor may request an equitable adjustment if such change impacts on the cost or period of performance and if such request is made within 30 days from date of receipt of the written order.

I.3 DISPUTES (OCT 2011) CLAUSE # GP-3

Failure to agree on any issue under the contract shall constitute a Dispute to be resolved under this clause. If the parties cannot reach an agreement after diligently pursuing a solution through negotiations, the Contractor shall submit a written claim to the Contracting Officer stating the relief sought and requesting a written decision. The Contracting Officer shall make a decision in writing within 90 days of the filing of the claim or notify the Contractor of the date by which the decision will be made. The decision of the Contracting Officer shall be binding unless the Contractor submits an appeal to the United States Mint Chief Financial Officer (CFO) within 30 days of receipt of the Contracting Officer’s decision. The decision of the CFO shall be final and binding on the parties and shall not be subject to further dispute, nor subject to further administrative or judicial review or appeal. The Contractor shall 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.

I.4 ENTIRE AGREEMENT (APR 1996) CLAUSE # GP-4

This represents the entire agreement between the parties. Any previous understandings, proposals, representations, etc., whether oral or written, are superseded in their entirety by this contract.

I.5 GOVERNING LAW (NOV 1996) CLAUSE # GP-5

This Agreement shall be governed by and construed in accordance with applicable federal law.

I.6 INDEMNITY (SEP 1997) CLAUSE # GP-6

Contractor shall indemnify the U.S. Government, the United States Mint and its officers, employees and Contractors from and against any and all liabilities, injuries, damages, settlements, royalties, penalties and fines and other losses of every kind incurred in connection with any claims, assertions, threatened or filed actions, suits, investigations or proceedings concerning or resulting from any alleged or actual violation(s) of: a) any breach or alleged breach of any warranty, representation or obligation in this contract or any delivery order; b) any alleged or actual infringement of any copyright, trademark, patent or any other established intellectual property right; c) any alleged or actual violation of any federal, or state law, rule, or regulation or order; and d) any alleged or actual death of or injury to any person, damage to any property or any other damage or loss claimed to be caused in whole or part from the Contractors negligence or any actual or alleged defect in the goods and/or services provided under this contract.

I.7 MINT APPROVAL (NOV 1996) CLAUSE # GP-7

For the purposes of this Agreement, any requirement for approval of the United States Mint shall be read to require written approval by the authorized Contracting Officer.

I.8 PERMITS (APR 2017) CLAUSE # GP-8

The Contractor shall, without additional cost to the United States Mint, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes and regulations applicable to the contract award and performance of work by the Contractor or any subcontractor under the contract including all applicable safety and health regulations. Failure to comply with this provision may subject the contract to termination or revision as appropriate.

I.9 PUBLICITY (MAR 1996) CLAUSE # GP-9

Publicity and news releases in connection with this contract shall not be made by the Contractor unless prior written approval has been obtained from the Contracting Officer.

I.10 REMEDIES NOT EXCLUSIVE (FEB 1997) CLAUSE # GP-10

The rights and remedies of the parties provided in the Agreement are cumulative and not exclusive and are in addition to any other rights and remedies provided by law.

I.11 RIGHTS IN DATA (JUL 1999) CLAUSE # GP-11

  1. All materials, data, software and creative work (Work Product) created, generated or commissioned directly under this contract shall become the property of the United States Mint. Contractor hereby assigns all rights, title and interest to the United States Mint in any and all Work Product produced or created under this contract and all drafts thereof, including all worldwide copyright ownership rights in such Work Product. Contractor certifies and warrants that any Work Product created or produced under this contract shall be an original work and not a reproduction of any copyrighted or trademarked work.
  2. Contractor agrees to insert this clause in any contract with any sub-Contractor performing work under this contract. If the sub-Contractor refuses to accept this clause, the Contractor shall promptly notify the Contracting Officer and shall not proceed with sub-contract award. Failure to comply with the requirements of this clause shall be a material breach of the contract.
  3. Notwithstanding any provisions to the contrary contained in any standard commercial license or lease agreement pertaining to any copyrighted commercially available computer software delivered under this contract, the parties agree that the provisions of this contract shall control.

I.12 SEVERABILITY (NOV 1996) CLAUSE # GP-12

If any provision of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and every provision of this Agreement shall remain in full force and effect and enforceable to the fullest extent permitted by law.

I.13 STANDARD OF PERFORMANCE (NOV 1996) CLAUSE # GP-13

Contractor agrees to at all times act in good faith and in the best interests of the United States Mint and agrees to use its best efforts in performing its duties under this Contract.

I.14 SURVIVAL (NOV 1996) CLAUSE # GP-14

The covenants contained in this Agreement which, by their terms, require their performance after the Expiration or Termination of this Agreement shall be enforceable notwithstanding the Expiration or other Termination of this Agreement.

I.15 TERMINATION (APRIL 2017) CLAUSE # GP-15

  1. The United States Mint may terminate the contract, in whole or in part, when
    1. it is in the best interest of the United States Mint; or
    2. the Contractor defaults because it rendered an erroneous certification, or fails to
    1. make timely delivery of any good or service,
    2. meet any material requirement specified in the contract,
    3. perform or comply with any material obligation under the contract,
    4. meet inspection standards specified in Section E Inspection and Acceptance
      Clause, or
    5. make adequate progress so as to endanger performance of the contract.
  2. Termination in the best interest of the United States Mint: The United States Mint may terminate the contract when the Contracting Officer determines that it is in the best interest of the United States Mint. In the event of such a termination, the United States Mint shall be liable only for the contract price for supplies that the United States Mint has accepted, the contract price for services rendered and accepted before the date of termination, and for reasonable costs incurred by the Contractor in good faith resulting from the termination. Such costs shall not include any lost profit, special or consequential damages and shall be limited to the contract price less any amounts previously paid by the United States Mint under the contract.
  3. Termination for Default: In the event of a contractor default, the Contracting Officer may terminate the contract and assess damages against the Contractor, including reasonable re-procurement costs to include any excess costs incurred in acquiring supplies and services similar to those terminated for default. Under a termination for default, the Government shall pay the contractor the contract price for any completed and accepted supplies and services, but shall not be liable for the Contractor’s costs on undelivered supplies and services. In addition, the Government shall be entitled to the repayment of advance and progress payments, if any, applicable to undelivered supplies and services. The United States Mint may elect to accept and pay the contractor the contract price for any completed supplies not yet accepted.

The Contracting Officer may terminate the contract for default immediately upon a contractor default under subclause A(2)(a). In the event of a contractor default under GP-15 subclauses A(2)(b)-(e), the Contracting Officer will first issue a cure notice, notifying the Contractor of the deficiencies and providing the contractor a reasonable amount of time to correct the deficiencies; if the deficiencies are not corrected within the allowed time frame, the Contracting Officer may thereafter terminate the contract for default immediately and without further notice.

I.16 TIME IS OF THE ESSENCE (NOV 1996) CLAUSE # GP-16

Time is of the essence in Contractors performance of its duties under this contract. A Contractors failure to meet applicable deadlines, unless it has obtained a written extension of time from the United States Mint, shall constitute a material breach of this contract.

I.17 TRADEMARK USE (AUG 2010) CLAUSE # GP-17

The Contractor shall obtain the United States Mint’s written permission prior to any use of the United States Mint’s trademarks and/or logos in any contractor product, publication, sales or marketing materials. The United States Mint’s trademarks include, but are not limited to, the name of the United States Mint, the United States Mint seal, the United States Mint’s Graphic “Coin Flip” Logo, the United States Mint’s “America the Beautiful Quarters” program and products, and United States Mint’s coin product trademarks. If permission is granted, Contractor agrees to submit all materials that would use any United States Mint trademark to the United States Mint for prior written approval before any publication or use. Contractor agrees to follow any applicable United States Mint style guidelines for such use, including but not limited to the United States Mint Brand Identity Guidelines (also commonly referred to as “visual identity guidelines”). The Contractor recognizes the great value of the United States Mint’s trademarks, service marks and other intellectual property, and acknowledges that such marks have secondary meaning and associated goodwill, that breach of any of the provisions of this paragraph risks irreparable harm to the United States Mint for which there may be no adequate remedy at law, and that in such event the United States Mint will be entitled to equitable relief in the form of an injunction and such other relief as may be available at law or in equity.

I.18 WAIVER (NOV 1996) CLAUSE # GP-18

Neither party’s waiver of the others breach of any term, covenant or condition contained in this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition in this Agreement.

I.19 WARRANTIES AND REPRESENTATIONS (APR 2017) CLAUSE # GP-19

  1. In addition to any standard commercial warranty provided by the Contractor, Contractor warrants that the goods and/or services comply with all requirements of this contract and are free from defects in workmanship for a period of three years after acceptance. Latent defects shall be corrected by the Contractor, notwithstanding the period of the warranty. Failure of the Contractor to correct latent defects shall entitle the United States Mint to correct the latent defect or replace the equipment or supplies and charge the Contractor accordingly.
  2. Contractor warrants and represents that all information provided by the Contractor to the United States Mint is and will be true and correct. Contractor further warrants and represents the goods and/or services delivered do not infringe upon any copyright, trademark or patent right found in Federal or state law and that all goods and/or services delivered or provided under this contract were manufactured or provided in compliance with United States law and regulations and any applicable local law. Contractor acknowledges that in entering into this agreement, the United States Mint has specifically relied upon the warranties and representations contained herein. All warranties and representations of Contractor, both express and implied, shall constitute conditions of sale and shall survive inspection, testing, acceptance, payment and use.
  3. For goods delivered under this contract, Contractor warrants clear title to all goods and, upon delivery, acceptance and payment by the United States Mint, title shall pass to the United States Mint free and clear of all liens, claims, debts and rights of any third party. Contractor warrants and represents the goods are new, genuine and are not falsely labeled. This paragraph c) does not apply to the delivery of products or parts of products made from United States Mint-furnished material for which the United States Mint retains title.
  4. The United States Mint shall give the Contractor notice of any defects or breach of any warranty or representation. At the United States Mint’s option the United States Mint may 1) have the Contractor correct any defects in the goods and/or services at no cost 2) correct or replace the defective goods or services with similar goods and/or services and charge the Contractor the cost of repair or replacement or 3) make an equitable adjustment to the contract price. Any goods or services corrected by the Contractor shall be subject to this clause to the same extent as goods/services initially provided or performed. In addition, the contractor will be liable for any and all other foreseeable consequential damages, including but not limited to, damages for injuries caused by defective goods or services.

I.20 AUDITS AND RECORDS (MAR 2015) CLAUSE # GP-20

The Contracting Officer or authorized representatives of the Contracting Officer shall have the right to examine and audit all of the Contractor’s books, records, documents, and other data, including computations and projections related to proposing, negotiating, pricing or performing the contract or any modification, in order to evaluate the cost or pricing data submitted. In addition, the above persons shall have the right to examine and audit books, records documents and other evidence and accounting procedures and practices sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred in performing this contract. The Contractor shall make available at its office at all reasonable times these records and other evidence for examination, audit or reproduction until three (3) years after final payment under this contract. This right of audit shall also apply to any subcontracts at the discretion of the Contracting Officer.

I.21 EQUAL EMPLOYMENT OPPORTUNITY (JAN 2017) CLAUSE # I-042

The Contractor shall comply with this clause if it has been awarded a contract or purchase order that has an aggregate value in excess of $10,000. Upon request by the Contracting Officer, the Contractor shall provide information necessary to determine the applicability of this clause.

Definitions as used in this clause.
“Gender identity” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
“Sexual orientation” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities.

The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to:

  1. Employment;
  2. Upgrading;
  3. Demotion;
  4. Transfer;
  5. Recruitment or recruitment advertising;
  6. Layoff or termination;
  7. Rates of pay or other forms of compensation; and
  8. Selection for training, including apprenticeship.

The Contractor shall post in conspicuous places available to all employees and applicants for employment the notices provided within this clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement advising the labor union or workers, representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to all employees and applicants for employment.
The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form in 41 CFR Part 60-1. All contractors who:

  1. Are not exempt as provided by 41 CFR 60-1.5;
  2. Have 50 or more employees, and
    1. Are Prime Contractors or first-tier subcontractors and have a contract, subcontract, or purchase order amounting to $50,000 or more, or
    2. Serve as a depository of United States Mint funds in any amount, or
    3. Is a financial institution which is an issuing and paying agent for United States Savings Bonds and Notes.

Only those establishments located in the District of Columbia and the 50 states are required to submit Standard Form 100. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further United States Mint contracts. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

The Contractor shall take such action with respect to any subcontract or purchase order and may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of this clause, the Contractor may request the United States Mint to take whatever action necessary to protect the interest of the United States Mint.

I.22 CONTRACTOR EMPLOYEE WHISTLEBLOWER PROTECTIONS AND RIGHTS (REQUIREMENTS TO INFORM EMPLOYEES) (JAN 2017) CLAUSE # I-043

The Contracting Officer will use this clause in all solicitations and contracts that exceed the simplified acquisition threshold (currently $150,000).

The Contractor shall insert this clause in all subcontracts over the simplified acquisition threshold. The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act). The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections.

I.23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (AUG 2018) CLAUSE # I-047

Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any hardware, software, or services developed or provided, in whole or in part, by (1) Kaspersky Lab (or any successor entity); (2) any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (3) any entity of which Kaspersky Lab has majority ownership. United States Mint’s contractors are prohibited from (1) Providing any such hardware, software, or service that the Government will use; and (2) Using any such hardware, software, or service in the development of data or deliverables first produced in the performance of this contract.

In the event the Contractor identifies such hardware, software, or service provided to the Mint during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the contractor shall report, in writing, to the CO and COR any such hardware, software, or services discovered during contract performance. The Contractor shall report the following information:

  1. Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
  2. Within 10 business days any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

I.24 INSURANCE (MAR 1996) CLAUSE # I-051

The Contractor shall, at no additional cost to the United States Mint, provide and maintain insurance in the types and amounts as may be required by the State in which the work shall be performed.

I.25 CONTRACTOR PERFORMANCE (MAR 1996) CLAUSE # I-058

The Contractor shall perform at least 100 percent of the cost of the contract, not including the cost of materials, with its own employees. Any plans for teaming arrangements must be approved by the United States Mint.

I.26 EXCUSABLE DELAYS (APR 2000) CLAUSE # I-095

The Contractor shall not be denied a written extension of time in the event of extraordinary causes beyond its reasonable control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of god or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather which could not reasonably be anticipated by the Contractor and that is abnormal to the area in which the work is being performed. In each instance, the failure to perform must be beyond the control and without fault or negligence of the Contractor.

I.27 TERMINATION OF CONTRACTOR EMPLOYEES (AUG 1998) CLAUSE # I-091

The United States Mint reserves the right to reject and request the removal of a Contractor employee at any time, and without advance notice, when it determines the Contractor employee does not meet the requirements of the United States Mint or possess the necessary skills to perform the required tasks. This may include, but not be limited to instances where the Contractor employee becomes ill, exhibits insubordinate or other types of inappropriate behavior, abandons the job or otherwise fails to work in a timely and professional manner as determined by the United States Mint. At the United States Mints option, the Contractor may either be required to provide a timely replacement Contractor employee acceptable to the United States Mint or a portion or all of the contract may be terminated. In no event shall the United States Mint incur any financial obligation as a result of such termination in excess of the contract price for services rendered up to the date of termination.

I.28 NON-COMPETITION AGREEMENTS (DEC 2000) CLAUSE # I-097

The Contractor shall not include in its subcontracts any clause or other language which would restrict such subcontractor from doing business directly or indirectly with the United States Mint nor shall the Contractor assign personnel to work on this contract that are subject to non-compete agreements relating to work performed on this contract.

I.29 INTERRELATIONSHIPS OF CONTRACTORS (AUG 2001) CLAUSE # I-098

The United States Mint may enter into other related contracts separate from the work to be performed under this contract, yet having links and interfaces to this contract. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant CO and/or designated representative in providing suitable, non-conflicting technical and/or management interfaces and in avoidance of duplication of effort. Information on deliverables provided under related contracts may, at the discretion of the United States Mint, be provided to various Contractor(s) for coordination purposes, provided appropriate Non-Disclosure Agreements are in place.

I.30 REQUIRED REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) (OCT 2016) CLAUSE # I-122

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts.

Registered in the System for Award Management (SAM) database means that

  1. The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 into the SAM database;
  2. The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
  3. The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
  4. The Government has marked the record Active.

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any United States Mint contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation DUNS or DUNS +4 followed by the DUNS or DUNS +4 number that identifies the offerors name and address exactly as stated in the offer. The DUNS number will be used by the CO to verify that the offeror is registered in the SAM database.

If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror may obtain a DUNS number via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States or if located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a United States Mint contract when contacting the local Dun and Bradstreet office.

    The offeror should be prepared to provide the following information:

  1. Company legal business.
  2. Tradestyle, doing business, or other name by which your entity is commonly recognized.
  3. Company Physical Street Address, City, State, and ZIP Code.
  4. Company Mailing Address, City, State and ZIP Code (if separate from physical).
  5. Company Telephone Number.
  6. Date the company was started.
  7. Number of employees at your location.
  8. Chief executive officer/key manager.
  9. Line of business (industry).
  10. Company Headquarters name and address (reporting relationship within your entity).

If the Offeror does not become registered in the SAM database in the time prescribed by the CO, the CO may proceed to award to the next otherwise successful registered Offeror.

Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of a solicitation.

Offerors may obtain information on registration at https://www.acquisition.gov.

I.31 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY WARRANTY (AUG 2002) CLAUSE # 124

Each Electronic and Information Technology (EIT) product or service furnished under this contract shall conform to the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract relative to 36 CFR 1194, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the United States Mint, repair or replace the non-compliant products or services within the period of time to be specified by the United States Mint in writing. If such repair or replacement is not completed within the time specified, the United States Mint shall have the following recourses:

  1. Termination of the contract, delivery or task order, purchase, or line item without termination liabilities;
  2. Negative equitable adjustment; or,
  3. In the case of custom Electronic and Information Technology (EIT) being developed for the
    United States Mint, the United States Mint shall have the right to have any necessary changes made or repairs performed by itself or by another firm and the contractor shall reimburse the United States Mint for any expenses incurred thereby.

I.32 Strengthening Protections against Trafficking in Persons in Federal Contracts (OCT 2012) Clause #I-139

In accordance with the intent of the Executive Order (EO) signed by the President on September 25, 2012, entitled “Strengthening Protections against Trafficking in Persons in Federal Contracts”-

  1. The contractor, its employees, its subcontractors, and its subcontractor’s employees are prohibited from engaging in any of the types of trafficking-related activities specified in section 2(a)(1)(A) of the EO;
  2. The contractor shall comply with the requirements specified in section 2(a)(1)(C) of the EO; and
  1. The contractor shall, to the extent the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, comply with the requirements specified in section 2(a)(2) of the EO (however, these requirements shall not apply if this contract and all its subcontracts are solely for commercially available off-the-shelf items).

Additionally, the contractor shall ensure that its employees, its subcontractors, and its subcontractors’ employees comply with federal trafficking laws and that they and their suppliers (to include the entire supply chain and producers of raw materials) are not using child labor or labor that is the product of coercion, force, involuntary servitude, or debt bondage as defined in 22 U.S.C. § 7102.

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SECTION J – LIST OF ATTACHMENTS

J-1 SAMPLE ASSIGNMENT & RELEASE AGREEMENT

J-2 CONTRACTOR TRAVEL VOUCHER FORM

J-3 CONTRACT CLOSE OUT AND RELEASE LETTER SAMPLE

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SECTION K – REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS

K.1 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS (APR 2017) CLAUSE # K-068

Each of the following certifications is a material representation upon which reliance is placed when making award. A certification that any of the items below exist will not necessarily result in withholding of an award. If it is determined that the Contractor rendered an erroneous certification, in addition to other remedies, the United States Mint may terminate the contract for default.

The Contractor represents the following:

K.1 It operates as [ ] a corporation incorporated under the laws of the State of ___________________, [ ] an individual, [ ] a partnership, or [ ] a joint venture.

K. 2 It [ ] is [ ] is not a small business concern (i.e., a concern, including its affiliates, that is qualified as a small business under the size standards in this solicitation). The North American Industrial Classification System (NAICS) Code is 711510. The small business size standard is an average annual gross revenues of $7,500,000.00 or less for the preceding three fiscal years.

K. 3 It [ ] is [ ] is not a small disadvantaged business concern.

K. 4 It [ ] is [ ] is not a women-owned small business concern.

K. 5 It [ ] is [ ] is not a veteran-owned small business concern.

K. 6 Its principal place (address) of business is:

K. 7 DUNS number _______________________ (If the DUNS number is not known or has not been obtained, call Dun and Bradstreet at 1-800-333-0505.)

K. 8
[ ] Taxpayer Identification Number (TIN):

[ ] TIN not available/required state basis __________________________________.

[ ] Name and TIN of common parent:

Name ___________________________
TIN _____________________________

K.9 It and/or any of its Principals
[ ] are, [ ] are not presently debarred, suspended, or proposed for debarment for the award of contracts by any Federal agency;
[ ] have, [ ] have not, within a 3-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 a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust or other criminal statutes; and
[ ] are, [ ] are not indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the above offenses.
The Contractor [ ] has, [ ] has not, within a 3-year period preceding this offer, had any contract terminated for default by any Federal agency. Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity.

K.10 It and/or any of its Principals
[ ] have, [ ] have not employed or retained a person or agency to solicit or obtain this contract upon an agreement or understanding for a contingent fee or commission.

[ ] have, [ ] have not offered or gave a gratuity to any official or employee of the United States Mint.

K-11 Representation and Obligations Regarding Unpaid Tax Liability or Felony Conviction

The offeror does [ ] does not [ ] have any unpaid Federal Tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

The Contractor shall have a continuing duty to promptly report, throughout the duration of the Contract, if it incurs any unpaid Federal Tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; or its officers or agents acting on its behalf have been convicted of a felony criminal violation under any Federal law.

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SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 PROPOSAL DUE DATE (FEB 2000) CLAUSE # L-070 (VAR)

Responses to this Solicitation shall be submitted, via https://www.usmint.gov/learn/artists/call-for-artists/application, by 12:00 P.M. Eastern Standard Time (EST), October 29, 2018

L.2 PREPARATION OF PROPOSAL (JAN 1996) CLAUSE # L-071 (VAR)

Qualifications

To qualify you must be a citizen of the United States, you must be at least eighteen years of age, you must be willing to accept the Terms and Conditions, and you must be an established professional artist, defined as one who meets all of the following criteria:

  • has at least five years of relevant work experience, or has received specialized training in his or her artistic field, such as a degree or certification
  • derives a portion of his or her individual earned income from his or her art or areas related to his or her art
  • Has experience in digital art techniques, software and technology (e.g. Photoshop, Illustrator, Wacom tablets)
  • has a professional portfolio that includes published or publicly displayed art

Submission Requirements

To be considered for the AIP, you must submit an application containing the following required information and materials.

  1. Name and Contact Information:
    All transactions must be made using your legal name. Be sure to enter your e-mail address (you will be notified via e-mail). Contact information must be valid through May 2019. You must notify us of any changes.
  2. Address:
    Enter information for your permanent address. Information must be valid through May 2019.
    Use Street 1 for your street address or post office box number, whichever is used for your U.S. Postal Service mailing address. Street 2 is not a required field and should be used only when a Suite or Room Number or other similar information is part of your address. Do not use Street 2 to provide a second address.
    In the Zip/Postal Code box, enter the 5-digit zip code that was assigned by the U.S. Postal Service, or, if located outside of the U.S., the appropriate postal code.
    In the City box, enter your City of residence.
    Use the drop down to select your Country of residence.
  3. Email Address
  4. Phone Number
  5. Age: You must certify that you are at least 18 years of age by checking the appropriate box on the application form.
  6. Citizenship Status: You must certify that you are a citizen of the United States by checking the appropriate box on the application form.
  7. Accepting Terms and Conditions: You must certify that you have read and understand the Terms and Conditions by checking the appropriate box on the application form.

SAMPLES OF WORK

Provide a minimum of 5 and a maximum of 10 samples of your work as an artist. Please anonymize your work samples by removing or obscuring your name or initials that may appear on the work, including the file name. You may label each image with the title of the work, its materials, and its dimensions. Applicants are encouraged to submit works that display a variety of talent and ability. Please consider what is required of an AIP artist when selecting your work samples.

You will upload your work samples electronically.

You will be able to upload samples in GIF, JPG, JPEG, PNG, and PDF file formats. Each image/file of your work samples should depict a separate and distinct work of art. Each image/file has a size limit of 20 MB.

RESUME

Following a preliminary review of your work samples (estimated to be around December 2018), the United States Mint will invite a select pool of artists to submit a professional resume, which will be used to validate their eligibility to qualify for the program. The resume should demonstrate that you are an established professional artist, defined as one who meets all of the following criteria:

  • has at least five years of relevant work experience, or has received specialized training in his or her artistic field, such as a degree or certification
  • derives a portion of his or her individual earned income from his or her art or areas related to his or her art
  • Has experience in digital art techniques, software and technology (e.g. Photoshop, Illustrator, Wacom tablets)
  • has a professional portfolio that includes published or publicly displayed art

DEMONSTRATION DESIGN

Once validated, the United States Mint will invite a select pool of approximately 30 artists to complete and submit a demonstration design for an actual United States Mint coin or medal program. Invited applicants will be paid a fee of $1,500 for this work and be eligible to receive an additional $5,000 (and have their initials appear on the coin or medal) if their design is selected by the Secretary of the Treasury to be made into a coin or medal. All design submissions must be accompanied by a completed and signed rights transfer document that will be provided by the United States Mint with the invitation.

The demonstration design is a heavily weighted portion of the application, specifically evaluating the candidate’s potential for success in the AIP.

L.3 RESTRICTION ON DISCLOSURE AND USE OF DATA (JAN 1996) CLAUSE # L-072

Offerors are responsible for marking any data in their proposals that they do not want disclosed to the public for any purpose.

L.4 EXPLANATION TO PROSPECTIVE OFFERORS (JAN 1996) CLAUSE # L-075

Questions regarding the requirements of this solicitation must be submitted in writing and must be received by the United States Mint no later than [10/15/2018]. They should be forwarded to the attention of callforartists@usmint.treas.gov, at United States Mint Headquarters, and cite the applicable section, clause, paragraph number, and page of the solicitation that they address. Time constraints may preclude answering late submittals or questions.

L.5 CONTRACT AWARD (JAN 1996) CLAUSE # L-076 (VAR)

The United States Mint may reject any or all offers if such action is in the public interest, and waive informalities and minor irregularities in offers received.

The United States Mint may award a contract or contracts on the basis of initial offers received, without discussions.

A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the United States Mint may accept an offer, whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the United States Mint.

L.6 PREAWARD SURVEY (JAN 1996) CLAUSE # L-077

Before award of contract, the United States Mint has the right to conduct a preaward survey of any firm under consideration to confirm any part of the information furnished by the offeror, or to require other evidence of managerial, financial, technical, and other capabilities the positive establishment of which is determined by the United States Mint to be necessary for the successful performance of the contract.

L.7 TYPE OF CONTRACT (JAN 1996) CLAUSE # L-078

The United States Mint anticipates awarding multiple indefinite delivery indefinite quantity contracts as a result of this solicitation.

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SECTION M – EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD (APR 2000) CLAUSE # M-079

The United States Mint will award Contracts to Artists whose evaluation scores fall within a range that indicates their performance is at a sufficient level to warrant participation in the AIP.

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