Solicitation.pdf

Solicitation # 191N6519Q0080 – Provide Packing, Shipping, Crating and Storage services to U S Embassy, New Delhi.

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 18 or SF1449 cover sheet

• Continuation to SF1449, RFQ Number 191N6519Q0080, Schedule of

Supplies/Services, Block 20

• Attachment 1: Scope of Work

• Attachment 2: Packing Specifications

• Attachment 3: Government Furnished Property

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in

Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR clauses not prescribed in Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 5 - Representations and Certifications

• Representations and Certifications

• Addendum to Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

CONTINUATION TO SF-1449

RFQ 191N6519Q0080

SECTION 1 - THE SCHEDULE

PRICES, BLOCK 23

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

PACKING, SHIPPING, CRATING, AND STORAGE SERVICES

1. PERFORMANCE WORK STATEMENT

For each year of the contract, the U.S. Government guarantees a minimum order of INR1,000.00. The maximum amount of Packing, Shipping, Crating, and Storage services for each year of this contract will not exceed INR 30,000,000.00.

A. The purpose of Indefinite-Delivery, Indefinite-Quantity type contract with firm fixed unit prices is for providing Packing, Shipping, Crating, and Storage services, to the U.S.

Embassy – New Delhi, India in accordance with the detailed specifications provided in the “Schedule Of Supplies/Services”.

B. This contract has a base period of one (1) year beginning from the effective date specified in the SF-1449, and four (4) optional one year periods, all of which are priced for separately in the Pricing Section. The U.S. Government has the unilateral right to exercise the optional periods in accordance with Federal Acquisition Regulation Sub-part 52.217-9. Also, in accordance with Federal Acquisition Regulation Sub-part 52.217-8, the U.S. Government will have the unilateral right to extend the term of the contract for periods not to exceed six months in all, at the same prices, terms and conditions of the last option year that was exercised, or the base period if no option period was exercised.

C. This is an Indefinite-Delivery Indefinite-Quantity type contract with firm fixed prices.

Individual purchases shall be documented as follows: Individual purchases shall be documented as follows: All requests for shipments or performance of individual jobs under this contract shall be issued via task orders placed by the Contracting Officer.

These task orders will be issued on the OF-347 and contain the following information:

(a) Name of Contractor

(b) Contract number

(c) Date of purchase

(d) Purchase number

(e) Name of person placing order

(f) Itemized list of shipment and services furnished

(g) Quantity, unit price, and total price of each item or service, less applicable discounts.

Only a Contracting Officer may place an order and it will always be in writing.

2. PERIOD OF PERFORMANCE

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start. If the award date is placed in contract then, the contractor shall be informed one week before the start date of the performance of the contract.

3. PRICING

The rates below shall include all direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to complete the work.

3.A. OFFERS AND PAYMENT IN U.S. DOLLARS

U. S. firms are eligible to be paid in U.S. dollars. U.S. Firms desiring to be paid in U.S.

dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

Any firm, which is not a U.S. firm, is a Foreign Firm. Foreign Firms are allowed to submit their quotes in U.S. Dollars. If a Foreign firm quoted its prices in local currency, the Government shall make payment in local currency. If a Foreign Firm quoted its prices in U.S. Dollars and did not possess a license to receive payments in U.S. Dollars, the Government shall make payments in local currency (Indian Rupees) in accordance with the official exchange rate on the day the payment is processed by the Financial Management Office of the U.S. Embassy New Delhi.

3.B. GOODS & SERVICE TAX (GST)

Goods & Service Tax (GST) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to GST; this percentage is multiplied only against that portion. It is reflected for each performance period. Invoices should include as per instructions given below:

1. Invoice should be a “Tax Invoice”

2. Date of the tax invoice should be current

3. GSTIN of seller must be noted on the invoice

4. UIN 0717USA00138UNS for the Embassy must be noted on the invoice

4. BASE PERIOD PRICES

Term: Twelve (12) Months – August 1, 2019 through July 31, 2020

Unit of Measure*

Rate Per Unit

(INR)

Estimated Quantity**

Total Estimated Amount in

(INR)

(a) Packing Services

(1) Packing & Transportation of HHE (Packing, Crating & Transporting till contractor’s warehouse as per scope of work, then transport up to ICD/TKD/CFS including customs clearance)

100 lbs. net 500,000 lbs.

(2) Packing & Transportation of UAB (Packing & transporting till contractor’s warehouse as per scope of work, then transport up to Airport including customs clearance)

100 lbs. gross 50,000 lbs.

(3) Local Move (Soft pack & transport within Delhi/NCR)

100 lbs. gross 30,000 lbs.

(4) Local Move of Flower Pots (Movement within Delhi/NCR)

Per Truck (14

ft. or small truck)

(5) Packing of Office Supplies/Equipment/all types of appliances in corrugated cartons meant for Consulates in India and posts worldwide. (for detailed specifications refer attachment # 2, under container specification and standard packing)

100 lbs. net

40,000 lbs.

(6) Packing of Office Supplies/Equipment/all types of appliances in plywood cases meant for Consulates in India and posts worldwide.

(for detailed specifications refer attachment # 2, under container

100 lbs. net 40,000 lbs.

(7) Packing & Crating of Golf Cart/Two Wheeler/Three Wheeler for Consulates in India.

100 lbs. net 10,000 lbs.

(8) If Packed by Embassy, cost of transportation and customs clearance for shipment less than 5 tons (by Air).

per shipment 5 shipments

(9) If Packed by Embassy, cost of Transportation and Customs clearance for shipment more than 5 tons (by sea from ICD Tuglakabad).

(10) Clearance charges of HHE shipment at Nhava Sheva port, Mumbai / Mundra/Pipavav, port Gujarat. (other detention/demurrage/delivery order/ shipping line charges and all other charges related to clearance will be paid as per actual)

Per shipment 5 shipments

(11) Packing & crating (liftvan) of office / residential Furniture, equipments and appliances, packing in card board and crating in plywood. (for detailed specifications refer attachment # 2, under container specification and standard packing)

100 lbs. net 150000 lbs.

(b)Unpacking Services

(1) Unpacking of HHE (includes removal of debris) 100 lbs. gross 100,000 lbs.

(2) Unpacking of UAB (includes removal of debris)

100 lbs. gross 20,000 lbs.

(c) Storage Services

Outgoing

(1) Weekly Storage charges of HHE @ per week (After first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

100 lbs. net 100,000 lbs.

(2) Weekly Storage charges of UAB @ per week (After first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

100 lbs. gross 50,000 lbs.

(3) Weekly storage charges of POV @ per week (SUV / all types utility vehicle.) (After the first four weeks which are at the Contractor’s expense)

100 lbs. net 15,000 lbs.

Incoming

1) Weekly storage charges of HHE @ per week. (Including unloading/loading Services)

100 lbs. gross 100,000 lbs.

2) Weekly storage charges of UAB @

(D) Handling charges for return of Un-cleared import Shipments. Shipment documentation, handling, import/export Formalities. Rebooking with Airline/shipping line for new Destination (after payment of demurrage charges on Actual billing)

Per shipment 2 shipments

TOTAL

GST @

GRAND TOTAL INCLUDING GST

*Vendor will be paid for minimum of 100 lbs. units of measurement even if the requirement is of less than 100 lbs.

**This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

4.A. FIRST OPTION YEAR PRICES

Term: Twelve (12) Months – August 1, 2020 through July 31, 2021

Rate Per Unit

(INR)

Estimated Quantity**

Total Estimated Amount in

(INR)

(a) Packing Services

(1) Packing & Transportation of HHE (Packing, Crating & Transporting till contractor’s warehouse as per scope of work then transport up to ICD/TKD/CFS including customs clearance).

(Packing & transporting till contractor’s warehouse as per scope of work then transport up to Airport including customs clearance).

(Movement within Delhi/NCR)

Per Truck (14

ft. or small truck)

(5) Packing of Office Supplies/Equipment/all types of appliances in corrugated cartons meant for Consulates in India and posts worldwide. (for detailed specifications

(6) Packing of Office Supplies/Equipment/all types of appliances in plywood cases meant for Consulates in India and posts worldwide.

(for detailed specifications refer attachment # 2, under container specification and standard packing).

Wheeler/Three Wheeler for Consulates in India.

Transportation and customs clearance for

Transportation and customs clearance for shipment more than 5 tons (by sea from ICD Tuglakabad).

at Nhava Sheva port, Mumbai / Mundra/Pipavav, port Gujarat. (other detention/demurrage/delivery order/ shipping line charges and all other

/ residential Furniture, equipments and appliances, packing in card board and crating in plywood. (for detailed specifications refer attachment # 2,

(b) Unpacking Services

(includes removal of debris) 100 lbs. gross 100,000 lbs.

per week (After first four weeks which per week (After first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

100 lbs. gross 50,000 lbs.

(3) Weekly storage charges of POV @ per week (SUV / all types utility vehicle.) (After the first four weeks

1) Weekly storage charges of HHE @ cleared import Shipments. Shipment documentation, handling, import/export Formalities. Rebooking with Airline/shipping line for new Destination

*Vendor will be paid for minimum of 100 lbs. in units of measurement even if the

**This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

4.B. SECOND OPTION YEAR PRICES

Term: Twelve (12) Months – August 1, 2021 through July 31, 2022

Rate Per Unit

(INR)

Estimated Quantity**

Total Estimated Amount in

(INR)

(a) Packing Services

(1) Packing & Transportation of HHE (Packing, Crating & Transporting till contractor’s warehouse as per scope of work then transport up to ICD/TKD/CFS including customs clearance).

100 lb. net 500,000 lbs.

(Packing & transporting till contractor’s warehouse as per scope of work then

100 lb. gross 50,000 lbs.

(Movement within Delhi/NCR)

Per Truck (14

ft. or small truck)

(5) Packing of Office Supplies/Equipment/all types of appliances in corrugated cartons meant for Consulates in India and posts worldwide. (for detailed specifications

(6) Packing of Office Supplies/Equipment/all types of appliances in plywood cases meant for Consulates in India and posts worldwide (for detailed specifications refer

Transportation and customs clearance for shipment less than 5 tons (by Air).

Transportation and customs clearance for shipment more than 5 tons (by sea from ICD Tuglakabad).

at Nhava Sheva port, Mumbai / Mundra/Pipavav, port Gujarat. (other detention/demurrage/delivery order/ shipping line charges and all other

/ residential Furniture, equipments and appliances, packing in card board and crating in plywood. (for detailed specifications refer attachment # 2, under container specification and standard packing)

(b) Unpacking Services

(includes removal of debris) 100 lb. gross 100,000 lbs.

100 lb. gross 20,000 lbs.

per week (After first four weeks which

100 lb. net 100,000 lbs.

per week (After first four weeks which are at the Contractor’s expense)

(3) Weekly storage charges of POV @ per week (SUV / all types utility vehicle.)

(After the first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

1) Weekly storage charges of HHE @ per week. (Including unloading/loading

2) Weekly storage charges of UAB @ per week. (Including unloading/loading cleared import Shipments. Shipment documentation, handling, import/export Formalities. Rebooking with Airline/shipping line for new Destination

*Vendor will be paid for minimum of 100 lbs. in units of measurement even if the

**This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

4.C. THIRD OPTION YEAR PRICES

Term: Twelve (12) Months – August 1, 2022 through July 31, 2023

Rate Per Unit

(INR)

Estimated Quantity**

Total Estimated Amount in

(INR)

(a) Packing Services

(1) Packing & Transportation of HHE (Packing, Crating & Transporting till contractor’s warehouse as per scope of work then transport up to ICD/TKD/CFS including customs clearance).

(Packing & transporting till contractor’s warehouse as per scope of work then

(Movement within Delhi/NCR)

Per Truck (14

ft. or small truck)

(5) Packing of Office Supplies/Equipment/all types of appliances in corrugated cartons meant for Consulates in India and posts worldwide. (for detailed specifications

(6) Packing of Office Supplies/Equipment/all types of appliances in plywood cases meant for Consulates in India and posts worldwide. (for detailed specifications refer attachment # 2, under container

Wheeler/Three Wheeler for Consulates in India.

transportation and customs clearance for transportation and customs clearance for at Nhava Sheva port, Mumbai / Mundra/Pipavav, port Gujarat. (other detention/demurrage/delivery order/ shipping line charges and all other

(11) Packing & crating (liftvan) of office / residential Furniture, equipments and appliances, packing in card board and crating in plywood. (for detailed specifications refer attachment # 2, under container specification and standard packing)

(includes removal of debris) 100 lbs. gross 100,000 lbs.

per week (After first four weeks which per week (After first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

100 lbs. gross 50,000 lbs.

(3) Weekly storage charges of POV @ per week (SUV / all types utility vehicle.) (After the first four weeks

1) Weekly storage charges of HHE @

(D) Handling charges for return of Uncleared import Shipments. Shipment documentation, handling, import/export Formalities. Rebooking with Airline/shipping line for new Destination (after payment of demurrage charges on Actual billing)

*Vendor will be paid for minimum of 100 lbs. units of measurement even if the

**This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

4.D. FOURTH OPTION YEAR PRICES

Term: Twelve (12) Months – August 1, 2023 through July 31, 2024

Rate Per Unit

(INR)

Estimated Quantity**

Total Estimated Amount in

(INR)

(a) Packing Services

(1) Packing & Transportation of HHE (Packing, Crating & Transporting till contractor’s warehouse as per scope of work then transport up to ICD/TKD/CFS including customs clearance).

100 lb. net 500,000 lbs.

(Packing & transporting till contractor’s warehouse as per scope of work then

(Movement within Delhi/NCR)

Per Truck (14

ft. or small truck)

(5) Packing of Office Supplies/Equipment/all types of appliances in corrugated cartons meant for Consulates in India and posts worldwide. (for detailed specifications

(6) Packing of Office Supplies/Equipment/all types of appliances in plywood cases meant for Consulates in India and posts worldwide.

(for detailed specifications refer

Transportation and customs clearance for

Transportation and customs clearance for at Nhava Sheva port, Mumbai / Mundra/Pipavav, port Gujarat. (other detention/demurrage/delivery order/ shipping line charges and all other

/ residential Furniture, equipments and appliances, packing in card board and crating in plywood. (for detailed specifications refer attachment # 2, (includes removal of debris) 100 lb. gross 100,000 lbs.

100 lb. gross 20,000 lbs.

per week (After first four weeks which

100 lb. net 100,000 lbs.

per week (After first four weeks which are at the Contractor’s expense) (including Unloading/Loading services)

100 lb. gross 50,000 lbs.

(3) Weekly storage charges of POV @ per week (SUV / all types utility vehicle.) (After the first four weeks

1) Weekly storage charges of HHE @

(D) Handling charges for return of Un cleared import Shipments. Shipment documentation, handling, import/export Formalities. Rebooking with Airline/shipping line for new Destination

Grand Total of Base and All Option Years

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

Grand Total- Base and All Option Years

*Vendor will be paid for minimum of 100 lbs. units of measurement even if the requirement is of less than 100 lbs.

**This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

The Government will not consider any claim for any additional compensation unless it has been authorized by the Government in writing in advance. The Government shall not be responsible for any work performed that is not specifically provided for under this contract or authorized by the Government in writing in advance.

ORDERS

All requests for shipments or performance of individual jobs under this contract shall be issued via an order placed by the Contracting Officer. This task order will contain the following information:

(a) Name of Contractor

(b) Contract number

(c) Date of purchase

(d) Purchase number

(e) Name of person placing order

(f) Itemized list of shipment and services furnished

(g) Quantity, unit price, and total price of each item or service, less applicable discounts

Orders may be placed orally initially, but must be followed up in writing within 48 hours via issuance of a task order. Only a Contracting Officer may place an order, either orally or in writing.

If more than one contractor has received an award for these services, the following procedures shall govern the issuance of individual orders. No work shall be performed without an order being issued to the Contractor by the Contracting Officer.

(1) As the need for services arises, the Government will develop a price estimate.

If the estimate does not exceed US $10,000, the Government will follow the procedures in paragraph (2) below. If the estimate exceeds US $10,000, the Government will follow the procedures in paragraph (3) below.

(2) Orders not exceeding US $10,000 - The Government will select a contractor for issuance of the order. This decision will be based on the Government's best interests, which may include factors such as estimated price and past performance record.

(3) Orders exceeding US $10,000 - Unless one of the exceptions in paragraph (5), below, applies, the Government will follow one of the following two scenarios:

(a) The Government will request each contractor to perform, AT NO COST TO THE GOVERNMENT, a pre-shipment survey after which the Contractor will present an estimate to the Government. Whether or not the Contractor is selected for an individual order, the Government shall not be liable for any claim from the Contractor for the costs of performing the pre-shipment survey. Selection will be based on a combination of estimated price and past performance information; or

(b) If the Contracting Officer can establish which Contractor’s prices will result in the lowest price for the individual order without requesting a pre-shipment survey, the Government will make its award selection based upon the prices set forth in the contract and past performance information gained as a result of contractor performance under this contract.

(4) Regardless of whether the procedures in paragraph (2) or (3) above were followed, selection of contractors shall not be protestable to GAO under Subpart

33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. However, the Department of State does have an Acquisition Ombudsman who will review complaints by contractors to ensure that all contractors are afforded a fair opportunity to be considered for these task orders, pursuant to the procedures for award of task orders established herein.

(5) Exceptions to the procedures in paragraph (3) above:

(a) The agency need for the required services is of such urgency that providing such competitive opportunity would result in unacceptable delays;

(b) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(c) It is necessary to place an order to satisfy a minimum guarantee.

DELIVERY SCHEDULE

The following items shall be delivered under this contract.

Description Qty. Delivery Date Deliver to:

Written Estimate (if required) upon COR request

COR

Inventory List 6 each assigned packing effort Contractor - original Client – one COR – four

Pre-shipment Survey 1 before each assigned packing effort of household effects

Client

Changes in Date/Time of Packing

2 two (2) hours before scheduled time/date

Client

Stock Levels Records 1 Throughout period of performance

Non-negotiable Warehouse Receipt

1 25 calendar days after pickup storage at the GOV facility

COR - original

Notification of Completion of Services

1 immediately upon completion of required services

COR and client

Notice of Availability for Shipment

1 completion of each assigned packing effort

Request for Shipping 1 24 hours after Notice of Availability

Required Shipping Documentation

1 by date of embarkation

Receipt of Effects and Unaccompanied Air Baggage

1 upon discovery

Delivery Receipt 1 upon completion of delivery and/or unpacking

COR - copy

Inventory List of Articles Lost or Damaged in Shipment

3 7 calendar days after delivery of goods

Contractor – original COR – one Client – one

Weight Certificate 1 submission with each invoice COR

Government Identity Cards # issued returned upon expiration of contract or when an employee leaves contractor service

7. INVOICES AND PAYMENT

(a) Individual invoices shall be submitted for each order, accompanied by the task order, the weight certificate and the travel authorization (TA). Invoices shall be submitted in the original with three (3) copies to the Contracting' Officer's Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):

The address for submission of original invoice is:

Financial Management Center American Embassy, Shantipath, Chanakyapuri, New Delhi, India

The address for submission of copy of invoice to the COR is :

Customs and Shipping Office American Embassy, Shantipath, Chanakyapuri, New Delhi, India

The contractor shall show Goods & Service Tax (GST) as a separate item on invoices submitted for payment.

(b) An acceptable invoice containing expenditures for international air and sea shipments on foreign flag air carriers or vessels shall include the appropriate certificate or waiver for a U.S. carrier. The Government will disallow expenditures for international air on foreign flag air carriers unless the appropriate certificate or waiver is attached to the invoice. The certification used in clause 52.247-63, Preference for U.S.-Flag Air Carriers, satisfies the justification requirement.

(c) An acceptable invoice containing reimbursable expenditures for payment of handling and demurrage charges on account of handling return/re-export of Un-cleared import shipments shall include reference to the Task Order number, which contained specific authorization to the contractor for paying demurrage as applicable.

The Contractor shall show Goods and Services Tax (GST) as a separate item on invoices submitted for payment.

8. GOVERNMENT APPROVAL AND ACCEPTANCE OF CONTRACTOR

EMPLOYEES.

The Contractor shall subject its personnel to the Government's approval. All employees must pass a suitable investigation conducted by the Contractor, including recommendation(s) from their respective supervisor(s). Also required: (1) a police check covering criminal and/or subversive activities; (2) a check of personal residence, and (3) a credit investigation. The Contractor shall provide all such investigations in summary form to the COR for review and approval or disapproval. THE

CONTRACTOR SHALL NOT USE ANY EMPLOYEES UNDER THIS CONTRACT

WITHOUT GOVERNMENT APPROVAL.

9. KEY PERSONNEL.

The Contractor shall assign to this contract the following key personnel.

Position/Function Name

Project Manager ________

The Project Manager shall be fluent in the English language. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

10. PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (LIABILITY)

The Contractor hereby assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage or losses suffered due to negligence of the Contractor's personnel in the performance of the services under this contract.

11. INSURANCE

The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary. The Contractor shall carry during the entire period of performance the following minimum insurance:

Comprehensive General Liability

Coverage

Bodily Injury Rs.100,000.00 per occurrence.

Rs.1,000,000.00 cumulative.

Property Damage Rs.100,000.00 per occurrence.

Rs.1,000,000.00 cumulative.

Workers' Compensation and Employer's Liability**

Subject to the provisions of the Indian Workmen's Compensation Act, 1923 [as amended through EC (Amendment) Act, 2017], the employer shall be liable to pay compensation as follows:

(a) where death results from the injury an amount equal to [fifty] per cent of the monthly wages of the deceased workman multiplied by the relevant factor;

or an amount of [eighty] thousand rupees, whichever is more;

(b) where permanent total disablement results from the injury an amount equal to [sixty] per cent of the monthly wages of the injured workman multiplied by the relevant factor;

or an amount of [ninety] thousand rupees, whichever is more.

(c) where permanent partial disablement results from the injury

(i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and

(ii) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury.

(d) where temporary disablement, whether total or partial, results from the injury a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the workman, to be paid in accordance with the provisions of sub-section (2).

* The amount payable under the Workmen’s Compensation and Employer’s Liability shown above is based on the current provisions. The actual amount payable shall be based on the Act’’ provisions prevailing at the time of the incident. If any of the requirements of local Indian law differs from any of the above, the contractor is required to provide the necessary information.

** Applicable to US companies / contractors

12. BONDING OF EMPLOYEES

The Government imposes bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to equipping of any employees engaged in providing services under this contract, if legally required by the local government or local practice.

13. PERMITS

At no cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws.

The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT CONTINUATION

PACKING, SHIPPING, CRATING, AND STORAGE SERVICES

1. GENERAL

The Contractor shall provide services for the United States Mission, New Delhi, India.

This consists of packing, crating, freight handling, forwarding, cargo storage, customs clearance and other related services that apply to shipments originating from, consigned to, routed through, and/or moved within the geographic area(s) of New Delhi and the ICDs located in or around New Delhi.

The Contractor shall furnish all managerial, administrative, direct labor personnel, materials and transportation that are necessary to accomplish all work required.

Contractor employees shall be on site only for performance of contractual duties and not for other business purposes. Performance requirements for required work are described below.

2. DEFINITIONS

"Article" means one item, piece, or package and contents thereof received by the Contractor as listed on the inventory. It can be household effects, professional books, papers and equipment, privately-owned vehicles, or general effects included in a shipment.

"Calendar Day" means the twenty-four hour period from midnight-to-midnight.

Saturdays, Sundays, and all holidays are considered calendar days.

"Cargo" means any items consigned to the Contractor under this contract for inbound or outbound shipment, whether consisting of household effects or U.S.

Government-owned materials.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section 2 of this contract/purchase order.

"Cube" means the cubic measure of space occupied by a given article after it has been packaged for shipment.

"Estimator" means the contractor employee who has the responsibility to evaluate and provide calculations of the price of packing work to be undertaken. This employee shall provide all calculations in writing.

"Government" means the Government of the United States of America unless specifically stated otherwise.

"Gross Weight" means the weight of the packed lift van, crate or shipping container, including the articles packed therein and all materials used for wrapping, cushioning, banding, waterproofing, packaging, blocking and bracing the container.

"Household Effects" or “HHE” means those items that are the personal property of Embassy officials and members of their family, and are therefore to be packed and transported at U.S. Government expense. This includes furniture, personal effects and consumables that, because of volume and weight, are shipped via surface freight. (Note: See the clause in Section 1, Attachment 2, and paragraph 5 entitled "Prohibited Items" for a listing of items which are not to be packed or transported at U.S.

Government expense).

"Inventory" means a contractor-prepared list originated at the time the goods are packed. Each inventory is to be reviewed and signed by the client then turned over to the Contracting Officer's Representative.

"Lift Van" means a wooden storage crate.

“Modular Containers” – lift vans that are reduced in size to accommodate a particular shipment.

"Net Weight" means the gross weight of a shipment less its tare weight.

"Ordering Officer" means the Contracting Officer of the U.S. at post. If a GBL is used, the ordering officer does not have to be a warranted Contracting Officer.

"Packing" means the activities required to wrap and protect an article, properly place the article in appropriate carton or box, and stow the article and its carton or box in a lift van of sufficient size and constructed in accordance with post specifications;

includes obtaining customs clearances and required documentation for shipment, via surface or air as appropriate.

"Packaging" means application or use of protective measures, including appropriate protective wrappings, cushioning and interior containers.

"Professional books, papers, and equipment" means reference material, instruments, tools, and equipment peculiar to technicians, mechanics and members of the professions and special skill areas; specialized, job-related clothing not considered to be normal or usual clothing; communication equipment used by members in association with their particular specialty; and military and individually owned or specifically issued field clothing and equipment.

"Services" means the services performed, workmanship, and material furnished or used in the performance of the services.

"Storage Pack" means the final result of wrapping and protecting of articles, and then properly placing these articles in appropriate cartons and boxes, and then storing these articles/cartons in storage pallet boxes as loose pack storage.

"Tare Weight" means the weight of an empty shipping container, excluding all materials used for wrapping, cushioning, banding, waterproofing, packaging, blocking and bracing articles within the exterior container.

"Unaccompanied Air Baggage (UAB)" means that portion of the total weight allowance of personal property that the client is permitted to ship via airfreight. UAB typically includes those items required for short-term housekeeping, such as clothing, linen, and kitchen items.

“Inland Container Depot (ICD)” means ICDs at Tuglakabad, Dadri and Patparganj.

3. GENERAL REQUIREMENTS

Packing of client household effects (HHE) and Government-owned materials for transportation is a highly specialized function. The measure of performance shall be the condition of packed articles upon arrival at their destination. The Contractor must appreciate the importance of family possessions and U.S. Government property and always take the greatest care in handling and packing such articles.

Effective September 16, 2005, all solid wood packing material (SWPM) entering the United States must be either heat-treated or fumigated with methyl bromide, in accordance with the Guidelines on 7 CFR 319.40, and marked with an approved international mark certifying treatment. This change will affect all wood packaging material in connection with importing goods into the United States. Heat treatment is preferred. Similar importation restrictions are being implemented in other countries. For a complete list of affected countries with similar wood importation restrictions and the effective date of the restrictions, visit the USDA website. Because similar wood restrictions are already in place in the European Union, shipments destined or transiting through our storage facility in ELSO Antwerp should also be heat-treated or fumigated with methyl bromide. If the fumigation method is chosen, Post needs to take precautions to ensure only the wood products are fumigated. Do not, repeat do not fumigate a crate or container with personal effects inside.

4. PACKING SPECIFICATIONS AND RESPONSIBILITIES

Labor employed to perform services under this contract shall be experienced and competent in the performance of such services. Those employees who perform services at the client’s office or residence shall be neat and in uniform identifying themselves as employees of the Contractor.

The Contractor agrees to provide complete services for surveying, packing, crating, weighing, and marking of household effects, surface baggage and official Government shipments of commodities including, but not limited to, household effects, office and residential furniture, vehicles, and equipment and supplies for shipment within and from India. Such services will be performed on goods located primarily within the New Delhi metropolitan area.

The Contractor shall provide all necessary packing and crating material required by this specification and standard industry practice for the services under this contract.

At the request of the Contracting Officer’s Representative (COR), the Contractor shall survey the goods to be packed and furnish the Government with a written estimate of the weight and required number of lift vans or other containers in which to pack the goods to be shipped. The Contractor shall transport packing materials and vans to the designated location ready to perform the services required on the date and at the same time specified by the COR. The Government shall notify the Contractor 48 hours in advance, unless otherwise mutually agreed. Any services performed outside of normal business hours as may be agreed upon between the parties to this contract shall be for the mutual convenience of the contracting parties and shall create no liability on the part of the Government for overtime or premium pay charges.

The Contractor agrees to provide export packing and related services using the best commercial practices to insure a shipment of the least tare weight and smallest cubic measurement compatible with assurance of transportation to destinations without damage or pilferage to containers or contents. Export packing shall include, but shall not be limited to, the following actions by the Contractor:

Padding, dunnage and packing into cases, barrels or crates of all fragile items.

Wrapping in waterproof paper and padding all items of furniture, television sets and other valuable equipment. The Contractor shall crate these items. The Contractor shall place these items in the lift vans so as to prevent damage or shifting while in transit.

Padding securely all mirrors and framed pictures, marble tops, etc., in crates made to the proper size of good packing grade dry lumber with least tare weight.

All rugs and carpets shall be mothproofed with crating or wrapping without folding.

All boxes/crates shall be packed with desiccants to prevent mold.

Packing clothing items, linens, bedding, lampshades and similar items in containers lined with tissue paper, carefully, to prevent excessive wrinkling or folding.

Freezers or refrigerators shall be dry inside and the Contractor shall pad and secure all removable shelving and interior parts to prevent breakage or damage.

Applying tightly and securely adequate steel banding to all wooden cases and containers and to the outside of other appropriate containers that may be used for shipments.

UAB packing includes burlap wrapping, marking and banding and interior waterproofed with heavy plastic sheeting.

Office Supplies/equipment includes burlap wrapping, marking and banding and interior waterproofed with heavy plastic sheeting. For fragile equipment, packers shall provide plywood boxes.

5. INVENTORY SYSTEM

In conjunction with the client or his/her agent, the Contractor shall prepare six copies of an Inventory List of all articles packed, bearing the signature of the client or his/her agent together with the signature of the Contractor, both certifying to the correctness of the inventory. The Contractor shall ensure diligence in recording any unusual condition of the goods being packed by the Contractor. The inventory shall list each article. Words such as "HOUSEHOLD EFFECTS" or other general descriptive terms such as marred, scratched, soiled, worn, torn, gouged, and the like shall be avoided unless they are supplemented with a statement describing the degree and location of the exception. Care in the preparation of the initial inventory will assist in protecting the client of the property and the Contractor in the event of loss and/or damage. Inventory Lists shall specify the name of the client of the goods, the date of shipment and the name of the Contractor, and contain on the form an explanation of the condition symbols and location symbols. The original of the Inventory List will be retained by the Contractor; one copy shall be given to the client or the client's agent; and the remaining copies shall be forwarded to the COR.

6. FREIGHT HANDLING

The Contractor shall act on behalf of the Government on any selected incoming and outgoing Government cargo that may be assigned to the Contractor under this contract, including the necessary transport of Government cargo within India. To the extent indicated in FAR 52.247-23 (see “ADDENDUM TO CONTRACT CLAUSES”), the Contractor accepts full responsibility for any and all losses and/or damage, from the time such cargo is received into the hands of the Contractor until it is released into the custody of the Government as evidenced by a signed receipt. The Contractor further agrees that in any instance involving loss or damage to the Government cargo, where the Contractor fails to exercise reasonable diligence, the Contractor shall assume full responsibility for such losses or damage including payment of claims for such losses or damage.

The Contractor shall transport all incoming Government cargo handled under the contract from commercial facilities at New Delhi to the final destination in the New Delhi area or elsewhere in India including off-loading from the Contractor's vehicle, as specified by the COR unless otherwise directed by the COR in writing to the Contractor.

No separate Freight handling charges are payable. The packing and unpacking charges under this contract shall include customs clearance, service charges and any other expenditure associated to the import/export formalities of the shipments. This includes Transportation cost between Residence/Packer’s warehouses, Packer’s warehouses to ICD/CFS/Airport, Residence to Residence.

The Contractor shall pick up from the Government in the New Delhi in time to insure delivery to ICD New Delhi, or I.G.I. Airport, New Delhi facilities within 48 hours of the request for pickup and subject to availability of containers and shipping space. The Contractor shall not place cargo in any warehouse at Government expense without prior approval of the COR.

The Contractor shall obtain the copies of the Bill of Lading from the carrier and deliver it to the Government for onward transmittal to the consignee. The Government shall stamp the following 41 CFR 102 provision on these copies:

TERMS AND CONDITIONS. It is mutually agreed and understood between the United States and carriers, including forwarders, who are parties to this bill of lading that:

This bill of lading is governed by the regulations relating thereto as published in Title 41, Part 102-117.65, of the Code of Federal Regulations Except as provided in 41 CFR 101 or as otherwise stated hereon, this bill of lading is also subject to the same rules and conditions as govern commercial shipments made on the usual forms provided therefore by the carrier. All parties to this bill of lading (carriers, agents, freight forwarders, and others), recognizing that this shipment is made under the auspices of the United States Government, agree to forgo any liens that may arise from any cause whatsoever and not to detain or impound this shipment for any reason. Carrier shall in no way demand prepayment of charges nor make any collection of charges at time of delivery. Interest shall accrue from the voucher payment date on overcharges made hereunder and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury pursuant to the Debt Collection Act of 1982.”

For handling return of unclear import shipments, the contractor shall complete the necessary formalities for forwarding the misdirected shipment to its correct destination.

Any handling and demurrage charges that are applicable shall be paid by the contractor and shall be billed to the Government on actual basis.

7. CONTRACTOR RESPONSIBILITIES

The Contractor is responsible for strict adherence to all instructions and quality requirements stated in this contract and shall provide the appropriate management effort to ensure that all services are performed. Each packing or unpacking team shall have a team leader to supervise the workforce and serve as a liaison with the COR. This designated person shall have supervision as his/her function during the time the Contractor is in the client's facility or residence and when Household Effects, Unaccompanied Baggage, or other cargo is being loaded into lift vans or other shipping containers.

Work Skills and Experience The Contractor shall ensure that all personnel assigned to this contract possess the skills and experience necessary for accomplishing their individual tasks.

English Language Qualifications Each Team Leader must possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position. The remaining staff must be able to follow simple instructions in English, and must be able to completely understand the instructions of the Team Leader.

The Contractor's employees shall not at any time:

(a) Smoke in the client's facility or residence;

(b) Arrive at the facility or residence under the influence of drugs or alcohol, or even with alcohol on the breath;

(c) Drink alcoholic beverages on the job, even if offered;

(d) Use the client's bathroom or towels without permission;

(e) Engage in prolonged discussion or argument regarding the job;

(f) Perform any work for the client not specified in this contract; or

(g) Request or accept any articles or currency as a gratuity from the client for work performed under this contract.

8. SCHEDULING AND PLANNING SHIPMENT PICKUPS

The COR receives requests from clients for Household Effects pack out dates, and will coordinate the scheduling of shipments with the Contractor. The COR will give the Contractor a completed "Request for Shipment" form which is the notification of scheduling and authority to proceed if "confirmed" is indicated. This form will not be given to the Contractor unless a task order has already been issued by the Contracting Officer. If "tentative" is checked, the Contractor shall contact the COR for information/instructions.

Pre-shipment Survey Before the UAB, HHE and cargoes are packed, the Contractor shall, in connection with each instance of household effects services in this contract, make an on-site pre-shipment survey of the items to be shipped and/or stored to determine the approximate net weight of each category. The survey shall be conducted by an approved estimator. The survey must list the major items of furniture, appliances and equipment which are to be included in the shipment and/or storage lot. It must also state the number of cartons and crates necessary to properly protect the loose and fragile items. The Contractor shall give a copy of each survey, signed and dated by the estimator, indicating total estimated net weight of both the export shipment and storage lot to the client within 2 working days upon completion of the pre-shipment survey. A pre-shipment survey which deviates more than ten percent, either high or low, in either the export or storage estimates, will be documented by the COR in the Contractor's performance file. A pre-shipment survey will not normally be required for shipments other than household effects shipments.

9. DURATION OF PACKING

The Contractor shall perform all packing and/or pickup of household goods and personal effects on the date beginning and at the time agreed upon between the Contractor and the client or his/her agent. The client shall be any person the COR specifies as the client in the "Request for Shipment" form authorizing service. All services performed shall be performed on normal workdays between the hours of 09:00 a.m. and 17:00 p.m. Services may only be performed at the residence before 09:00 a.m. or 17:00 p.m. on normal workdays, or other than normal workdays with the mutual agreement of the parties. This agreement shall create no liability on the part of the Government for overtime or premium pay or other charges to be paid to the Contractor’s employees. If the packing and/or pickup crews will arrive more than two hours later than the scheduled time agreed upon, the Contractor shall notify both the client and the COR in advance. Authorization for any changes in date and time must be authorized by the COR. HHE of 7200 Lbs. and

UAB allowance packing must be completed within 2 days of packing and loading to be done on

3rd day. In case, overweight for HHE should be notified well in advance for approval.

Any extra days required for packing of fragile items, should be informed well in advance for approval.

10. WEIGHT

Tare Weight Limitation Whether for official shipments or for household effects, the tare weight shall…