Document mqMkgnZ01kjbvMMN696m31aBQ

INTRA- ORGANIZATION MEMORANDUM PLAINTIFF'S EXHIBIT FROM TO DATE Julius Nemeth Doug Wood May 1, 1972 Always provide address to which reply is to be sent SUBTECT . Solicitation No. 3FP-BB-R-3085-3-21-72 Please use a separate sheet for each subject treated Dear Doug: Please note the government contract award herewith for an indefinite period of time and covering a small group of products shown on page 17. We've listed you as contract administrator and shipping point as St. Louis, but undoubtedly if we get any for the Franconia, Virginia address, you will want to relay to Toms River for handling there. Just for your files in the event orders do come through on this. JKN/pad Enclosure BON - 00500 STANDARD FORM 33, NOV. 1969 GENERAL SERVICES ADMINISTRATION FjED. PROC. REG. (41 CFR) 1-16.101 1. CONTRACT (Pnc. lust. Ideut.) NO. GS-OJS-^80^ 7. ISSUED BY SOLICITATION, OFFER, AND AWARD 2. SOLICITATION NO. jxFP-BB-B- 3085-3-21-72 r~n ADVERTISED (--1 NEGOTIATED IS (IFB) 1--1 (RFP) CODE \ JFPI Federal Supply Service General Services Administration 3. CERTIFIED FOR NATIONAL DEFENSE UNDER 8DSA REG. 2 AND/OR DMS REG. 1. 4. RAGE RATING: DOK-1 1 5. DATE ISSUED 6. REQUISJTION/PUSCHASE REQUEST NO. v | OF 27 3-2-72 8. ADDRESS OFFER TO (If otber tbasi/Bloek 7) GSA, Region 3i Business Service Center 7th & D Sts., S. W., Attn: Bid Room 1701 Washington, D. Cx 20407 IFB No.: 3FP-BB-R-3085-3-21-72 SOLICITATION 9. Sealed offers in original and One copies for furnishing the supplies or services described in the Schedule will be received at the place specified in block 8, OR IF HAND-CARRIED, IN THE DEPOSITARY LOCATED in see Block 8 until 10: 30 A.M., 3-21-72 local time at the place of bid opening-------------------------If this is an advertised solicitation, offers will be publicly opened at that (Time. Zone, ana Date) , time. CAUTION--LATE OFFERS. See par. 8 of Solicitation Instructions and Conditions. All offers are subject to the following: I. The attached Solicitation Instructions-and Conditions, SF 33-A. I T),- I p--> HL-OW edition, which is attached or incorporated herein by reference. -. 3- The Schedule included below and/or attached hereto. X 4. Such other provisions, representations, certifications, and specifications . " ' as are attached or incoroorated herein bv reference, f Atrarhmenr. ... Ii,,~l * in the Schedule.) FOR INFORMATION'CALL (Name and Telephone No.) (No collect calhj: K. Martin (Area Code 202) 962-6o40 10. ITEM NO. y 11. 4 supfues/seRYicES SCHEOULE 12. QUANTITY 13. UNIT 14. UNIT PRICE y 15. `AMOUNT REQUIREMENTS CONTRACT FOR FSC CLASS 8010 - PAINT, MISCELLANEOUS SPECIFICS HONS For the period: April 1, 1972 (For Items 1 thri 1 36 and 5 3 tl ru 76) and May 1, 1972 (For. Items 37 thru 57) or da be c f award, . whichever is later through Octc iber 31,. 1 372. OFFER (NOTE: Reverse Must Also Be Fully Completed By Offeror) In compliance with the above, the undersigned offers and agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for'receipt of offers specified above, to furnish any or all items upon which prices are-offered, at the price set opposite each item, delivered at the designated poinc(s), within the rime specified in the Schedule. 14. DISCOUNT FOR PROMPT PAYMENT (Sit Par. 9 on SF 33-A) ^ % ,0 CALENDAR Pvc. 0 -/. 20 CALENDAR DAYS; 2 % 30 CALENDAR DAYS; 7. --------- CALENDAR DAYS. 17. OFFEROR name a address (Stmt, city. TzTp'cl) C(iDE[ |' The Reardon Company -Box* 88 FACILITY CODE \ c* 2^16^4212 _ | | Check If Remittance Address Is Different From Abore~Enter Such Address In Schedule. 18. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Tjpt or Print) J. JC^-4feme-th) ^ 'l^"SIGNATURE sf ' / 20. OFFER DATE f 3/7/72 21.eACnCEcNTiErDcAlSeTdO ITiEnMS reay AWARD (To Be Completed By Government) y' \ 22. AMOUNT 23. ACCOU^TING^AND'APPROPRIATION DATA Indefinite 24. SUBMIT INVOICES (4 eopia unless otherwise specified) TO A0DRESS SHOWN IN BLOCK 27 26. ADMINISTERED BY (If other than block 7) CODE | SEE BLOCK 27 22. NEGOTIATED 0 10 U.S.C. 2304(o)( | PURSUANT TO f"| 41 U.S.C. 2S2(cR ) 27. PAYMENT WILL BE MADE BY CODE | TO EE SHOWN ON ORDERS ISSUED UNDER THIS CONTRACT. 28. NAME OF CONTRACTING OFFICER (Type or Print) W. L. Tesh, Jr. 29. uni^o sI4es !/^ 3Y:----- \A LL%-----y\h \ ^ of Cdktrai%A Office17 30. AWARD DATE j * 33-128 Award will be made on this form, or on Standard Form 26. or by other official written rtftcek BON - 00501 STANDARD FORM 33A, MARCH 1969 GENERAL SERVICES ADMINISTRATION FED. FROC. REG. (41 CFR) 1-16.101 SOLICITATION INSTRUCTIONS AND CONDITIONS 1. DEFINITIONS. As used herein: , /r__ (a) The term solicitation means Invitation for Bids (IFB) where the procurement is advertised, and Request for Proposal (RFP) where the procurement is negotiated. (b) The term "offer" means bid where the procurement is ad vertised, and proposal where the procurement is negotiated. (c) For purposes of this solicitation and Block 2 of Standard Form 33, the term "advertised" includes Small Business Restricted Advertising and other types of restricted advertising. 2. PREPARATION OF OFFERS. (a) Offerors are expected to examine the drawings, specifica tions, Schedule, and all instructions. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solicitation. The offeror shall sign the solicitation and print or type his name on the Schedule and each Continuation Sheet thereof on which he makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the issuing office. (c) Unit price for each unit offered shall be shown and such price shall include packing unless otherwise specified. A total shall be entered in the Amount-column of the Schedule for each item offered. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake. (d) Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation. (e) Offeror must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation. (f) Time,,if stated as a number of days, will include Saturdays, Sundays and holidays. (g) Code boxes are for Government use only. 3. EXPLANATION TO OFFERORS. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solici tation will be furnished to all prospective offerors as an amendment of the solicitation, if such information is necessary to offerors in submitting offers on the solicitation or if the lack of such infor mation would be prejudicial to uninformed offerors. 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS. Receipt of an amendment to a solicitation, by an offeror must be acknowledged -(a) by signing and returning the amendment,, (b) on the reverse of Standard Form 33, or (cj by. letter or tele gram. Such acknowledgment must be received prior to the hour and dale specified for receipt of offers. 5. SUBMISSION OF OFFERS. (a) Offers and modifications thereof shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. _ The offeror shall show the hour and date specified in the solid- * tation for receipt, the solicitation number, and the name and address of the ofteror on the face of'the envelope. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by tele graphic notice, provided such notice is received prior to the hour and date specified For receipt. (However, see par. 8.) (c) Samples of items, when required, must be submitted within the time specified, and unless otherwise specified by the Govern ment, at no expense to the Government. If not destroyed by test ing, samples will be returned at offeror's request an.d expense, unless otherwise specified by the solicitation. 6. FAILURE TO SUBMIT OFFER. If no offer is to be submitted, do not return the solicitation unless otherwise specified. A letter or postcard should be sent to the issuing office advising whether future solicitations for the type of supplies or services covered by this solicitation are desired. Failure of the recipient to offer, or to notify the issuing office that future solicitations are desired, may result in removal of the name of such recipient from the mailing list for the type of supplies or services covered by the solicitation. 7. MODIFICATION OR WITHDRAWAL OF OFFERS. (a) IF this solicitation is advertised, offers may be modified or withdrawn by written pr telegraphic notice received prior to the exact hour and date specified For receipt of offers. An offer also may be withdrawn in person by an offeror or his authorized representative, provided his identity is made known and he signs a receipt for the offer, buc only if the withdrawal is made prior to the exact hour and date set for receipt of offers. (However, see par. 8.) (bj If this solicitation is negotiated, offers , may be modified (subject to par. 8, when applicable) or withdrawn by written or telegraphic notice received at any time prior to award. Offers may be withdrawn in person by an offeror or his authorized rep resentative, provided his identity is made known and he signs a receipt for the offer prior to award. 8. LATE OFFERS AND MODIFICATIONS OR WITHDRAWALS. (This paragraph applies to all advertised solicitations. .In the case of Department ot Defense negotiated solicitations, it .shall also apply to late offers and modifications (other than the normal revisions of offers by selected offerors during the usual conduct of nego tiations with such offerors) but not to withdrawals of offers. Un less otherwise provided, this paragraph does not apply to nego tiated solicitations issued by civilian agencies.) (a) Offers and modifications of offers (or withdrawals thereof, if this solicitation is advertised) received at the office designated in the solicitation after the exact hour and date specified for receipt will not be considered unless: (1) they are received before award is made; and either (2) they are sent by registered mail, or by certified mail for which an official dated post office stamp (postmark) on the original Receipt for Certified Mail has been obtained and it is de termined by the Government that the late receipt was due solely to delay in the mails for which the offeror was not responsible; or (3) if submitted by mail (or by telegram if authorized) it is determined by the Government that the late receipt was due solely to mishan dling by the Government after receipt at the Government installa tion; provided, that timely receipt at such installation is established upon examination of an appropriate date or time stamp (if any) of such installation, or of other documentary evidence of receipt (if readily available) within the control of such installation or of the post office serving it. However,.a modification of an offer which makes the terms of an otherwise successful offer more favorable to the Government will be considered at any time it is received and mav thereafter be accepted. (b) Offerors using certified mail are cautioned to obtain a Re ceipt for Certified Mail showing a legible, dated postmark and to retain such receipt against the chance that it will be required as evidence that a late offer was timely mailed. ' (c) The time of mailing of late offers submitted by registered or certified mail shall be deemed to be the last minute of the date shown in the postmark on the registered mail receipt or registered mail wrapper or on the Receipt for Certified Mail unless the offeror furnishes evidence -frdrfiHKfc post office sta-" tion of.mailing which establishes an earlier,time.* In the case of certified mail, the only acceptable evidence is as follows: (1) where the Receipt for Certified Mail identifies the post office station of mailing, evidence furnished by the offeror which establishes that the business day of that station ended at an earlier time, in which case the time of mailing shall be deemed to be the last minute of the business day of that station; or (2) an entry in ink on the Receipt for Certified Mail showing the time of mailing and the initials of the postal employee receiving the item-and making the entry, with appropriate written verifica tion of such entry from the post office station of mailing, in which case the time of mailing snail be the time shown in the entry. If the postmark on the original Receipt for Certified Mail does not show a date, the offer shall not be considered. 9. DISCOUNTS, (a) Notwithstanding the fact that a blank is pro vided for a ten (10) day discount, prompt payment discounts offered for payment within less than twenty (20) calendar days will not be considered in evaluating offers for award, unless otherwise specified in the solicitation. However, offered discounts of less than 20 days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers. (b) In connection with any discount offered, time will be com puted From date of delivery of the supplies to carrier when delivery and acceptance are at point of origin, or from date of delivery at destination or port of embarkation when delivery and 33-203 NOTE: Unless otherwise specified, this Form (SF-33A) is designated as Pages 3 and 4 of this solicitation. BON - 00502 - 1 i -5- 5FP-BB-R-3085- 3-21-72 NOTICE - Requests for Explanations or Information (See Paragraph 3i SF 33A.) Oral or written requests for explanations or information regarding this invitation should be directed to: Procurement Division, F.S.S., GSA 7th and D Streets, S. W. Washington, D. C. 20407 Attn.: K. Martin (32PI) Telephone: (Area Code 202) S62.~6okO IMPORTANT: Do not address offers, modifications or withdrawals to above address. Use address in Block 8, SF 33, and follow instructions in paragraph 5, SF 33A. INCORPORATION OF FORMS: Each of the following forms, receipt of which is acknowledged by the bidder, is hereby incorporated by reference and made a part of this solicitation. Copies of each form, if not enclosed, are available upon request from the Issuing Office shown on Page 5 of this solicitation or from any General Services Administration Business Service Center: (a) GSA Form 1424, Supplemental Provisions (Supply Contract), July 1971. edition, with the following modifications: Marking Provisions - Clause 31 Qf GSA Form 1424 is modified by changing "Federal Standard I23A" to "Interim Federal Standard No. 00123B". . References ih GSA Form 1400 to Federal Standard 123A shall be considered references to Interim Federal Standard No. OOI23B. Notice of Shipment - Clause 37 is supplemented as follows: For all carload shipments for delivery to GSA Supply Distribution Facilities, the Contractor shall furnish the GSA Depot Manager at the receiving depot by telegram (TWX or Niteletter) , on the day of shipment the following information: Car number, routing, date of shipment,- estimated arrival date and purchase order number. Variation in Quantity - Article 4, Variation in Quantity, is hereby deleted in its entirety and the following substituted: A variation in quantity when caused by the conditions specified in Article 4 of Standard Form 32 will be accepted, provided that such variation is 'not in excess of ten percent of the quantity ordered. Add following: UTILIZATION OF MINORITY BUSINESS ENTERPRISES (l) It is the policy of the Government that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts. BON - 00503 > ., i ti i -is - ; '.-;i 7- 5FP-BB-R-3085-3-21-72 (c) The Contractor agrees to insert the substance of this clause, including this paragraph (c),.in all subcontracts for supplies or services issued under this contract. CONTRACTOR AND SUBCONTRACTOR.LISTING REQUIREMENTS (1) As provided by 4l CFR 50-250, the Contractor agrees that ail employment openings of the Contractor 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 the contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but. excluding those of independently operated corporate affiliates, shall, to the maximum extent feasible, be offered.-for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such periodic reports to such local office regarding employment 'openings and hires as may be required: Provided, that this provision shall not apply to openings which the Contractor fills from within the Contractor's organization or are filled pursuant to a customary and traditional employer-union hiring arrangement and that the listing of employment openings shall involve.pnly the normal obligations which attach to the placing of job orders. (2) . The. Contractor agrees further.to place the above provision in any subcontract directly under this contract. (c) GSA Form 1126, Consignment Information - GSA Supply Distribution Facilities, June 1971 edition. SPECIAL PROVISIONS 1. SCOPE OF CONTRACT: This contract provides for the normal supply requirements of the General Services Administration Supply Distribution Facilities as identified herein during the period.shown on page 1. The .General Services Administration is. obligated, except- in exigencies or as may -be otherwise provided herein, to purchase hereunder such quantities as may be needed from time to time to fill any such supply distribution facilities requirement determined in accordance with the currently applicable procurement and supply procedures. Except as otherwise provided herein, the Contractor is obligated to deliver hereunder all such quantities as may be so ordered from time to time. The quantities shown "represent the estimated requirements for each item during the contract period, and are furnished only for the information of bidders, but ;shall not'be construed to represent any amount which- the Government shall be obligated to purchase under the contract nor relieve the Contractor of his obligation to fill all orders which may be placed hereunder. 2. MINIMUM ORDER LIMITATION: No ordering office will be obligated to order and no Contractor will be obligated to make any delivery amounting to less than fifteen (15)- bags per item of Items 1 through 6, or less than 5 gallons of BON - 00504 ; .\ mEr* -9- 3FP-BB-R-3085-3-21-72 any Contractor'in excess of his production capacity, offerors are requested to indicate, in the spaces provided, the total quantity per month which they are willing to furnish of any item or group of items involving the use of the same production facilities. Since the number of items or groups of items oh' which any offeror may be eligible 'for award cannot be determined in advance of opening of offers, offerors are urged, in setting their monthly supply potentials, to group as many items or groups of items as possible. Such grouping will make it possible for the Government to make fullest use of the production facilities of each offeror. For example, if an offeror's production facilities can be used to produce any of the items or groups of items covered by the solicitation, the offeror may insert a single overall limitation on the quantity he can supply applicable to all items or groups of items. Bidders are cautioned that in order to qualify for an award, the offeror's monthly supply potential must cover the Government's estimated peak monthly requirement for each group or individual item to be awarded to the offeror. Groups or individual items will, not be subdivided for award purposes. Offeror's Monthly Supply Potential Items or Groups of Items. Group 1 Group 2 Offeror's Monthly Supply Potential In excess of requirement The Government is obligated to place pursuant to this contract all orders for "the supplies covered herein, except (l) orders for less than that which may be specified in a Minimum Order Limitation clause, (2) orders in excess 'of that which may be specified in a Maximum Order Limitation clause, and (3) in the case of exigencies as specified in the Scope of Contract clause. The Government's estimated peak monthly and.estimated requirements for the period of this contract are furnished for the information of offerors, but shall not be construed to represent any amount which, the Government shall be obligated to purchase under the contract;(except as may be provided in a Guaranteed Minimum clause). If an offeror does not provide a monthly supply potential, he will be deemed to offer to furnish one hundred and twenty-five percent (125 percent) of the Government's estimated peak monthly requirement for the item or group of items, which quantity shall then be considered as his stated monthly supply potential. For each item or groups of items awarded him pursuant to this solicitation, the successful offeror (Contractor) shall be obligated to fill all orders BON - 00505 -11- 3FP-BB-R-3085- 3 -21-72 10. QUANTITY 0X3 SHIPPING CONTAINER; 50 lb. bag: Each 50 lb. bag is a shipping container. Gallon: 4 cans 5 Gallon: Each five gallon pail is a shipping container. 11. STANDARD PACK ITEMS: Clause 30(a) of GSA Form 1424 is applicable to al 1 items. 12. MARKING REQUIREMENTS: In addition to any special markings required by the material specification, marking shall be in accordance with Federal Specification TT-P-l43b, dated March 13, 1970, and Interim Amendment 3, dated April 151 1971- 13- SPECIAL MARKING REQUIREMENTS - LEAD BASE PAINT: Public Law 91-695, approved January 13, 19711 nas the effect of preventing the use of ''lead base" paint in Federal or Federally assisted residential structures. Therefore, the following marking requirements will apply to items as designated throughout the schedule of items:" PUBLIC LAW 91-695 ' PROHIBITS THIS PAINT BEING USED FORRESIDENTIAL STRUCTURES The marking shall be placed on the top of each can, pail and drum and on the side or end of the shipping carton which has the Federal Stock Number and nomenclature. The marking shall be applied by means of a label or'by stenciling. The size of the lettering shall be in proportion to the size of the container to which applied, however on fiberboard boxes and 55-gallon drums it need not be larger than one-half inch. The color of the label or stencil shall be in contrast to the background. 14. FEDERAL STOCK NUMBERS: Marking instructions require-the use of Federal Stock Numbers on all containers. Stock numbers are subject to change during the life of the contracts awarded pursuant to this Invitation for. Bids. In the event of such change, both the original and revised stock numbers may be indicated on the Purchase Orders issued against the contract. In such instances, marking must include both the original and revised numbers. 15. PLACEMENT OF ORDERS: Orders will be placed by the appropriate GSA Regional Office(s) involved. 16. CONTRACTOR RESPONSIBILITY: The Contractor inspection responsibility, set forth in Clause 55 Inspection, of GSA Form 1424, GSA Supplemental Provisions, is supplemented as follows: '(a) Contractor quality control provisions: The Contractor shall maintain an effective quality control system acceptable to the Government BON - 00506 i j STANDARD FORM 36, JULY 1966 * . GENgRAl SERVICES ADMINISTRATION FED. PROC, REG. (.41 CFR) 1-16.101 NAME OF OFFEROR OR CONTRACTOR 7 ITEM NO. CONTINUATION SHEET SUPPUES/SERVICES REF. NO. OF DOC. MING CONT'D. 3FP-BB-R-3085-3-21-72 PACE ]0F 17 27 QUANTITY UNIT UNIT PRICE AMOUNT EPMR: ESTIMATED PEAK MONTHLY REQUIREMENTS IN GA:!DNS ; ESN COLOR COLOR CHIP CONTAINER NO. SIZE 7 M0S. EPMR EST. REQ 8010- PAINT, CEMENT-WATER, POWDER, WHITE AND TINTS (FOR INTERIOR AND EXTERIOR USE): In accordance with Federal Specification TT-P-21 dated June 30, 1942 and Amendment No.- 2 dated August 22, 1951. Type 1-65 per cent Portland Cement, Class A, without siliceous aggregate; in a 50 pound bag. Color shall be white', packaged in accordance with manufacturers commercial practice. Each 50-lb. bag is a shipping container. Marking: Each bag shall be marked in accordance with Federal Standard 123 and shall include the Federal Stock Number, Noun Name, Contractor's name and address, color designation, contract and purchase order number, and the date of manufacture in terms of month and year (not by code): GROUP 1 (Items 1 thru 3) - 286-7722 _ White 50 lb. 1. FOB Hingham, Mass- 15 30 BG 6.80 $204.00 2. FOB Edison, N. J. 15 30 EG 6.80 204.00 3- FOB Chicago, 111. 15 30 BG 6.80 204.00 GROUP 2 (Items 4 thru 6) 286-7722 White 4. FOB Franconia, Va. 5* FOB Duluth, Ga. 6. FOB Ft. Worth, Tex. 50 lb. 15 30 BG 6.80 ; 204.00 15 30 EG 6.80 204.00 15 30 BG 6.80 ; 204.00 i 36-103 i 1 BON - 00507 -13- 3FP-BB-E-3085-3-21-72 i 5g IPS. :i:W identical containers at one time. This batch number will be marked on all containers and will be annotated on Contractor's inspection and test reports. .. 17. COLOR CHIPS: Colors of material to be furnished under this contract must conform to those included under Federal Standard 595A and/or other standards such as Munsell Colors, ANA, etc. Color chips shall be furnished to the successful bidder by, the GSA Regional Quality Control Division responsible for performing the source inspection. 18. WARRANTY OF SUPPLIES: (a) Notwithstanding inspection and acceptance by the Government for products furnished under this contract or any provisions of this contract concerning the conclusiveness thereof, the Contractor warrants that for a period of one year from the date of acceptance of the item, the material will comply with the specifications,- except in the case of solvent systems, the viscosity may exceed the specified maximum to the extent of 10 Krebs Units, unless otherwise specified. (b) The Regional Quality Control Representative, as the' Contracting Officer's representative, shall request the Contractor to replace any deficient material covered by this warranty immediately (but not later than three weeks from receipt of the request). The request shal1 contain information concerning the deficiencies found, the location of the material, and the quantity which is involved. (c) If Contractor fails to replace or to make a firm commitment for the replacement of the deficient materials within the time specified in "(b), above, the Contracting Officer, having been advised by.the Quality Control Division of the Contractor's refusal or inability to make timely replacement of any deficient materials, shall give written notice of breach of warranty to the Contractor. The Con- ' tracting Officer's notice shall require that Contractor either: (i) Correct or replace any product or'part thereof that does not conform with the requirements of this contract within the meaning of paragraph (a) of this warranty, or (ii) Furnish prompt refund to the Government in an amount equal to the contract price, plus transportation charges to the destination(s) in the contract if paid by'the Government. (d) If the Contractor fails or refuses to correct or replace the nonconforming supplies or refund the purchase price within a period of 60 days after receipt of notice from the Contracting Officer, the Contracting Officer may, by contract or otherwise, correct or replace them with similar supplies and charge to the Contractor the cost occasioned to the Government thereby. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting BON - 00508 I V..1 -.! -15- 3FP-BB-R-3085-3-21-72 stirring. The manual mixing and stirring shall be completed within five minutes for a one-gallon container and within ten minutes for a five-gallon ' container. 20. METHOD OF DETERMINING FILL: Fill of paint in non-pressurized containers for compliance with the gallon (volume) requirement of the solicitation for offers shall be determined as described below. In cases of conflict between the specification requirement and the method described below, or in the absence of a method for determining fill in the specification,- the method below shall govern. Sample unit - The sample unit shall be one filled container. Sample. The size of sample shall be in accordance with MIL-STD-105, Special Inspection Level S-3, except that the sample size derived from MIL-STD-105 shall be rounded off to the next highest increment' of 5. At no time shall the sample size be less than 5 containers, unless the inspection lot consists of less than 5 containers, in which case all containers shal1 be included in the determination of fill. Random sampling shall be used. Tare - The average weight of an empty container-" (tare)' shall" be obtained by weighing 5 empty containers and determining the average of the five. Weight per Gallon - The weight per gallon shall be determined by Method 4184.1, Fed. Std. l4l. Fill of containers - Fill of containers shall be computed by the following formula: Gross weight of sample minus tare Average volume per container (gallon) = weight of sample Weight per gallon multiplied by number of containers in the sample 21. CONTACT FOR CONTRACT ADMINISTRATION: In the event your firm receives a contract as a result of this Invitation, designate a person we may contact for prompt contract administration, showing: NAME Douglas Wood~___________________ ^TITLE Vice President ' St. Louis, Missouri 63122 ADDRESS 5616 Scarlet Oak BoulevardZIP CODE ________________________ AREA CODE ___ 314TELEPHONE NO. 225-5001 BON - 00509 STANDARD FORM 36. JULY 1966 GENERAL SERVICES ADMINISTRATION FED. PROC. REG. (J1 CFR) 1-16.101 NAME OF OFFEROR OR CONTRACTOR CONTINUATION SHEET flF, NO. OF DOC BEING CONT'D. 3FP,,bb-r-3085-3-21-72 PAGE | OF 19 27 ITEM NO." SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 16. 17. 18. '19. 20. 21. 22. .'2324. EPMR: ESTIMATED PEAK MONTHLY REQUIREMENTS IN- GA ICONS COLOR CHIP CONTAINER 7 M0S. FSN COLOR ' NO. SIZE EPMR 5ST. REQ. 8010- GROUP 6 (Items 16 thru 18) 286-8491 Black 17038 1 Gal. FOB Franconia Va. FOB Duluth, Ga. 52 52 CN 52 52 CN FOB Ft. Worth Tex. 52 224 CN PAINT, RUBBER: For swimming pools and other concrete and masonry surfaces: In accordance with Federal Specification TT-P-95A dated February 15, 19^5 and Amendment No. 3 lype I natural-rubber base (chlorinated rubber), Class B, semigloss; color shall be in accordance with Federal Standard 595A- Color, color chip number and container size shall be as indicated by each Federal Stock Number below: GROUP 7 (Items 19 thru 20) FOB Hingham, Mass. 291-1068 291-1069 White 27875 . 1 Gal. White 27875 5 Gal. 52 ' 55 ... 52 CN 50 PL GROUP 8 (Items 21 thru 22) FOB Edison, N. J. ' __ -291-1068 White 27875 1 Gal. 52 52 CN 291-1069 White 27875 5 Gal. 120 112 PL GROUP 9 (Items 23 thru 24) FOB Norfolk, Va. 291-1068 White 27875 1 Gal. 52 52 CN 291-1069 White 27875 5 Gal. 50 10 PL AMOUNT 3 <5-108 BON -00510 STANDARD FORM 36, JULY 1966 GENERAL SERVICES ADMINISTRATION ` FED. PROC. REG. (41 CFR) 1-16.101 NAME OF OFFEROR OR CONTRACTOR > ITEM NO. CONTINUATION SHEET SUPPLIES/SERVICES . ' f EF. NO. OP DOC. 8EING CONT'D. 3FP-BB-R-3085-3-21-72 QUANTITY UNIT UNIT PRICE EPMR: ESTIMATED PEAK MONTHLY REQUIREMENTS IN GA XONS ' i fiai FSN 8010- COLOR COLOR CHIP CONTAINER NO. SIZE 7 MOS. EPMR EST. HEQ GROUP 14 (Items 34 thru 36) 527-3192 Int'l 12197 1 Gal. Orange 34. FOB Franconia, Va. 35- FOB Duluth, Ga. 36. FOB Ft. Worth, Tex. - 52 176 CN 52 156 CN 52' 152 CN \ ''! ' "1 J`Tkl 3sSs *e r 37' 38. 394o. 4i. PAINT, ALKID, ODORLESS, INTERIOR, FLAT: In accordance with Federal Specification TT-P-30d, dated June 27, 1967- Color shall he in accordance with Federal Standard 595A. Color, color chip number and container size shall be as indicated by each Federal Stock Number below: 664-0540 GROUP 13 (ITEMS 37 thru 4l) Green 354672 1 Gal. 6 MOS. - *v SST. HEQ. FOB Hingham, Mass. 52. 52 CN EOB Edison, N. J. 176 836 CN FOB Franconia, Va. 92 . 424 CN FOB Norfolk, Va. 252 1176 ' CN FOB Duluth, Ga. -- 52 52 CN GROUP 16 (Item 42) 'r:. -; 664--0540 Green 34672 1 Gal. 42. FOB Chicago', 111. 52 112 CN ' GROUP 17 (Item 43) 664--0540 Green 34672 1 Gal. 43- FOB Ft. Worth, Tex. 52 52 CN PAGE | OF 21 27 AMOUNT 36-108 BON -00511 STANDARD FORM 36, JULY 1966 GENERAL SERVICES ADMINISTRATION ; FED. PROC. REG. (41 CFR) 1-16.101 ! NAME OF OFFEROR OR CONTRACTOR CONTINUATION SHEET f EF. NO. OF DOC. BEING CONTD. 3FP-BE-R-3085-3-21-72 PAGE | OF 23 ' 27 ' ITEM NO. SUPPUES/5ERVICES QUANTITY UNIT EPMR: ESTIMATED PEAK MONTHLY REQUIREMENTS IN GA xLONS COLOR CHIP CONTAINER 6 MOS. 'FSN COLOR NO. SIZE EPMR EST. REQ. 8010- GROUP 23 (Items 56 thru 57) FOB Ft. Worth, Tex. 56. 664-7091 White 37875 1 Gal. 80 57. 550-5274 White 37875; 5 Gal. 70 PAINT, INTERIOR, WHITE AND TINTS, FIRE RETARDANT - In accordance with Interim Federal Specification TT-P-0026b, dated August 24, 1961 and Amendment 3 dated February 27, 1970. Color shall be in accordance with Federal Standard 595^- Color, color chip number and container size shall be as indicated by each Federal Stock Number below: 36O 3N 62 PL- t : 58. ; 59. ; 6o. GROUP 24'(Items 58 thru 6l) 559-2993 White 37886 1 Gal. FOB Hingham, Mass. FOB Edison, N. J. FOB Franconia, Va. 7 MOS. EST. REQ. - 52 52 3N 52 52 3N 52 52 3N : 6i. FOB Duluth, Ga GROUP 25 (Item 62) 52 . 52 CN -s-/ S 62. 559-2993 White FOB Chicago, 111. 37886 1 Gal. _ 52 52 3N GROUP 26 (Item 63) | 559-2993 White 37886 1 Gal. [ 63. FOB Ft. Worth, Tex. 52 52 :n UNIT PRICE - AMOUNT . 36-108 r>~ * BON-00512 * t .{ i STANDARD FORM 36, JULY 1966 GENERAL SERVICES ADMINISTRATION FED. PROC. REG. (41 CFR) I-I6.I0I NAME OF OFFEROR OR CONTRACTOR CONTINUATION SHEET F. NO. OF DOC. BEING CONT'D. 3FP-BB-R-3085- 3-21-72 PAGE | OF 25 27 ITEM NO. SUPPUES/SERVICES QUANTITY UNIT EPMR: ESTIMATED PEAK MONTHLY REQUIREMENTS IN GA IONS COLOR CHIP CONTAINER 7 MOS. FSN COLOR NO. SIZE EPMR EST. REQ 8010- GROUP 30 (Items 13 thru 75) 73, 7475- 823-7962 White 37875 1 Gal. FOB Franconia, Va. 52 FOB Duluth, Ga. 576 FOB Ft. Worth, Tex. 648 PAINT, POLYVINYL, ACETATE EMULSION, EXTERIOR:, In accordance- with Federal Specification ;_ TT-P-55b, dated April 27, 195 and Amendment . 1 dated-March l8, 1971. Type I or II. Color shall he in accordance with Federal Standard 595A. Color, color chip number and container size whall be as indicated by each Federal Stock Number below: GROUP 31 (Item 76) 52 CN 2688 ' CN 3012 CN ~ 847-0078 White 37875 1 Gal. 76. FOB Duluth, Ga. 752 3492 CN UNIT PRICE - AMOUNT s. 36-108 * BON -00513 o -27' ri <U Ad d rri OtQ ri<D .. ri d (Q ,Qri d mrl dri P t>3 O # * -P * ri -h OS O P ri P p g ri P (Q. > "H <D ri ri P d HM Pd d O S) o ta "h ri ,d <u- P 0 P .P P P ,Q ri ri ri 0 ri 0P S ri d) s -p fi ri 0 ri ^d ri <U *ri ri t . 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S` > P S s 0 p ri P 'd p p 0 p ChO P 0 o o p Pi 0 EH * * O P nd 0 w erf 0 r~if 0` P ''d CD 'd 0 rP 0 1--rli 'P Pi 0 P H rH ri P 0 'd 'd ri <H 0 0 0 O O P 0 0 p 'd T0d ri > 8 Pi P O rl P d 0 ^d EH BON-00514 th ro u g h F e d e ra l In fo rm a tio n C e n te rs .