19AQMM20R0056.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19AQMM20R0056

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/16/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Charlotte R. Cameron

b. TELEPHONE NUMBER (No collect calls) 703-516-1624

c. EMAIL cameroncr@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 327110

SIZE STANDARD: 750 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

LMAQMCODE15. DELIVER TO

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

CODE16. ADMINISTERED BY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Charlotte R. Cameron 31c. DATE SIGNED

12/16/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19AQMM20R0056

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

001 See Section B Attached 0.00 EA Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

Destination

Identifier Title Date Number of Pages

B.1 TYPE OF CONTRACT

The U.S. Department of State (DOS), Bureau of Overseas Buildings Operations (OBO) is seeking a U.S. Small Business for an Indef-inite Delivery Indefinite Quantity (IDIQ) contract(s) to produce and supply high quality fine chinaware. The Department of State anti-cipates awarding approximately (1) Firm Fixed-priced IDIQ contract. The obligation of funds for the production and supply of fine chinaware under this contract shall be executed by the issuance of delivery orders.

B.3 MINIMUM AND MAXIMUM CONTRACT QUANTITIES - INDEFINITE QUANTITIY CONTRACT

(a) In accordance with the FAR 52.216-22, “Indefinite Quantity”, the minimum for this quantity contract shall be as set forth below.

$25,000 minimum for the life of the contract

(b) The maximum for this indefinite quantity-contract (including options) shall be any quantity or combination of supplies and ser-vices equal to $2,000,000.00.

C.1 BACKGROUND

The Department of State provides formal representational chinaware to United States Embassies worldwide and in doing so, the De-partment of State furthers U.S. Diplomatic interests. The purpose of this requirement is to implement a “best in practice” support in-frastructure that have processes, technology, and resources to provide high-end retail industry quality formal dining chinaware. The United States international relations, national interest and success are, in part, built upon the ability of our ambassadors to entertain host country nationals in our embassies and residences abroad. In this regard, furniture, art and tableware that are provided by the De-partment of State to our embassies and residencies abroad represent U.S. cultural and manufacturing excellence to our host country guests.

C.2 STATEMENT OF WORK

The Contractor shall provide and produce high quality fine chinaware with clarity and free of any imperfections or blemishes. This chinaware is for formal dining at official Department of State functions. The crested patterns shall be exclusive to the U.S. Department of State. The Contractor shall provide and duplicate the color, size, shape, and decorations of the existing Department of State chinaware, at the highest quality by industry standards. The Contractor shall produce 147 fine china items, as listed at C.2.1 and shall include the following specifications/ requirements:

1. The chinaware required under this contract shall be 100% manufactured in the United States of America throughout the duration of the contract.

2. Chinaware shall be true vitrified fine china, free of imperfection or blemishes. The body shall be translucent, totally non-porous and non-absorbent. The glaze shall be smooth and brilliant.

3. The color shall be ivory.

19AQMM20R0056

Line Item Summary

Solicitation Number:

19AQMM20R0056

Contract Number: Title: Chinaware Date of Solicitation:

12/16/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

4. Tolerance in measurements of the chinaware shall not exceed 0.079375 cm (or 1/32”) from those specified in this solicitation.

5. Chinaware shall conform to the design, tolerances, color and dimensions of present specifications.

6. The chinaware shall be gilded with 24-karat gold. The gold decorations shall be burnished so that the decoration cannot be des-troyed with normal use and fair wear.

7. Size: the charger plate shall match exactly in shape and cobalt blue colors as the existing charger plate. All the ivory pieces shall match exactly in size, shape and color of the existing chinaware.

8. Chinaware shall be marked as dishwasher safe.

9. Crested Chinaware: Each piece of crested chinaware shall have an ornamental gilded embossed border of an alternating stars and bars design and a crest of The Great Seal of the United States. In addition to the above, the location of the crest for the teacups and demitasse cups shall be centered so that when held with the right hand, the crest can be seen by whoever is holding the cup. The crest shall be clearly defined with detailed image, free of imperfections or blemishes. The gold decorations shall be burnished so that the decoration cannot be destroyed with normal use and fair wear.

10. Uncrested Chinaware: The uncrested chinaware shall be of the same size, shape and quality as specified above for the crested chinaware. Each piece of uncrested chinaware shall have a plain flat 24-karat gold border, not less than 1/8 of an inch wide.

C.2.1 CHINAWARE PATTERNS

The Contractor shall manufacture and produce all chinaware in the USA in the following patterns:

Crested China with Gold stars and bars border

• Charger Plate 11 3/4 Ivory with wide cobalt blue border

• Accent Plate 9 1/4 Ivory with cobalt blue border and stars

• Salad Serving Bowl Ivory Round 5" x 9 5/8"

• Dinner Plate Ivory 10 3/4"

• Entrée Plate Ivory 9 1/4"

• Salad Dessert Plate Ivory 8 1/4"

• Bread and Butter Plate Ivory 6 1/2"

• Teacup Ivory 3 1/2"

• Saucer Teacup Ivory 6"

• Demitasse cup Ivory 3 1/2 oz

• Saucer Demitasse Cup Ivory 4 5/8"

• Cream Soup Cup Ivory 4 3/4" 9 3/4 oz

• Cream Soup Saucer Ivory 6 11/32"

• Cereal/Fruit Dish Ivory

• Platter Oval Ivory 15 1/4"

• Soup/Pasta Plate

• Chop Dish Round Ivory 13"

• Vegetable Bowl Round Ivory

• Sauce Boat Ivory 9 1/4"

• Vegetable Bowl Oval 9 1/2"

• Sugar Bowl Ivory 4 1/3 " 6 1/2 oz

• Sugar Bowl Cover Ivory 3 1/2"

• Creamer Ivory 5 1/2"

• Beverage Server Ivory 30 oz

• Beverage Server Cover 3 1/2”

UnCrested China with Gold border

• Dinner Plate Ivory 10 3/4"

• Entrée Plate Ivory 9 1/4"

• Salad Dessert Plate Ivory 8 1/4"

• Bread and Butter Plate Ivory 6 1/2"

• Teacup Ivory 3 1/2"

• Saucer Teacup Ivory 6"

• Demitasse cup Ivory 3 1/2 oz

• Saucer Demitasse Cup Ivory 4 5/8"

• Cream Soup Cup Ivory 4 3/4" 9 3/4 oz

• Cream Soup Saucer Ivory 6 11/32"

• Cereal/Fruit Dish Ivory

• Platter Oval Ivory 15 1/4"

• Soup/Pasta Plate

• Chop Dish Round Ivory 13"

• Vegetable Bowl Round Ivory

• Sauce Boat Ivory 9 1/4"

• Vegetable Bowl Oval 9 1/2"

• Sugar Bowl Ivory 4 1/3 " 6 1/2 oz

• Sugar Bowl Cover Ivory 3 1/2"

• Creamer Ivory 5 1/2"

• Beverage Server Ivory 30 oz

• Beverage Server Cover 3 1/2"

• Salad Serving Bowl Ivory Round 5"x 9 5/8"

• Salt and pepper set 3” high with rubber stopper

C.2.2 KICK-OFF MEETING

The Contractor shall coordinate a meeting with DoS, at the Government’s designated site, within 10 days after contract award. At this meeting, the Contractor shall present a preliminary schedule for the sample prototype phase process. The preliminary schedule shall include the requirements as stated in Section C, and throughout this contract.

C.2.3 DEVELOPMENT OF SAMPLE PROTOTYPE (Also see Section H.1, First Article Testing)

C.2.3.1 The Contractor shall deliver three (3) sample prototypes as specified in Section/Paragraph H.1. One of the sample proto-types, from patterns listed in Section C.2.1, shall have the approved DoS etched crest design, and be submitted to DoS for acceptance and approval. The items shall duplicate the color, size, shape, and decorations of the existing chinaware. DoS will review and give feedback before the final acceptance and approvals.

C.2.3.2 PROTOTYPES

After the three (3) prototypes are approved, the Contractor shall prepare and deliver the prototypes of the remaining glassware items to DoS for approval.

C.2.4 PRODUCTION AND SUPPLY

C.2.4.1 After DOS’ approval and acceptance of all of the prototypes, the Contractor shall perform the First Article Approval-Con-tractor Testing (See Section H 52.209-3 First Article Approval – Contractor Testing) for Government’s approval before the full manu-facturing of the items under the Delivery Order Contract. The Contractor shall perform 100% U. S. manufacturing of all chinaware under this contract, and shall continue 100% U. S. manufacturing throughout the performance of this contract. Foreign sources will not be considered and may result in contract termination.

C.2.4.2 After the Government approval of the First Article Testing (reference Section/Paragraph H.1), the Contractor shall be issued a delivery order, which will include the actual CLIN quantities required and delivery date of the CLIN items.

C.3 PROHIBITION AGAINST THE SALE AND USE OF THE CHINAWARE

The Contractor shall not to sell, supply or use any Department of State chinaware designed and produced by this contract to any indi-vidual, firm or organization other than the U. S. Department of State and officially retired Ambassadors of the United States Govern-ment, as authorized by the COR.

C.3.1 SALE OF CRESTED CHINAWARE TO RETIRED AMBASSADORS BY CONTRACTOR

OBO/OPS/RDF provides chinaware produced and stockpiled specifically for the sole representational use of the aforementioned dip-lomats and other approved USG representatives. The crested chinaware is also made available for purchase by retired ambassadors who have left public service. It may only be purchased from the manufacturer by retired ambassadors with written permission granted by the COR Valeria Reiter. It is not available for purchase to the general public.

Upon approval by the COR of an order request from a retired Ambassador, the COR will notify the Contractor and provide the name of the authorized purchaser. The Contractor is to advise the retired Ambassador of all costs involved to include shipping costs, which are at the Contractor’s discretion. Payment for the order request and shipping of the chinaware will be the responsibility of the retired Ambassador.

Crested chinaware sold to retired Ambassadors will be identical to that supplied to the DoS by the Contractor. The DoS order and re-tired ambassador’s order will not be comingled. The Ambassador’s order will not be shipped to the DoS warehouse. The retired Am-bassador’s chinaware order request will be the sole responsibility of the Contractor and the retired Ambassador.

C.4 DOS OWNERSHIP, TITLE AND RIGHTS OF THE CHINAWARE

The U. S. Department of State shall have all the exclusive ownership, title, and rights of all decorations and decals, tangible or intan-gible, produced under this contract during and after completion of the contract. After completion of this contract, the Contractor shall deliver all items produced under this contract to the Government.

D.1 SHIPPING, PACKING, AND MARKING OF SUPPLIES FOR DOMESTIC SHIPMENT

Supplies shall be packed for shipment in a manner that shall ensure acceptance by common carriers and safe delivery at the ultimate destination. Each shipping container shall be of solid construction in accordance with best commercial practices and sufficiently strong in direct ratio to the weight of the contents to withstand safe transport to the U.S. Department of State warehouse in Hager-stown, MD. Containers and closures shall comply with Interstate Commerce Commission regulations, Uniform Freight Classification

Rules, and regulations of other carriers as applicable to the mode of transportation.

All shipping containers shall be triple-wall fiberboard cartons, in accordance with Federal Specification ASTM D5168 (reference ht-tp://www.astm.org/Standards/D5168.htm). Shipping cartons shall be secured to standard-size warehouse pallets with metal banding, to allow for safe and efficient forklift handling upon delivery to the U.S. Department of State warehouse. Each of the shipping con-tainers shall be marked to identify the contents. Each shipping container shall contain the same item, not comingled with other items.

The contractor shall ensure that the chinaware is packed for surface shipment. Items shall be individually wrapped in number 40 Kraft paper, cushioned with wood excelsior, and placed in a carton. Although the contractor is shipping the items to a domestic storage loca-tion, the items must be sufficiently packed to withstand eventual overseas shipment.

All boxes shall be prominently marked “FRAGILE,” “HANDLE WITH CARE” or similar commercial practice indicating fragile con-tents.

D.2 PACKING LIST(S)

The Contractor shall provide an electronic copy of the packing list, at least three (3) days prior to shipment, to the U.S. Department of State warehouse management staff Keith Werner at WernerKA@state.gov and Craig Harrison at harrisoncs2@state.gov, as well as to the designated COR Valeria Reiter ReiterVA@state.gov.

The Contractor shall include a packing list, affixed in an envelope on each shipping container, which shall be marked as such so that it is easily identified as a packing list by the U.S. Department of State warehouse.

A packing list or other suitable document shall accompany each shipment of chinaware, and shall include, at a minimum, the follow-ing information:

(a) Name and address of Consignor

(b) Name and address of Consignee

(c) Government contract number (and delivery order number if used).

(d) Government bill of lading number covering the shipment, when applicable, and

(e) Description of the items shipped, including item number, quantity, number of boxes, package number.

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this con-tract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection sys-tem and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Govern-ment inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Gov-ernment shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance cor-rected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery sched-ule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet con-tract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Con-tractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or non-conformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to re-quire correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a peri-od of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material fur-nished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practic-able at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reason-able facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contract-or to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract re-quirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Gov-ernment that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

52.246-16 Responsibility for Supplies (Apr 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejec-tion. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

E.1 INSPECTION AND ACCEPTANCE - F.O.B. DESTINATION

Inspection and acceptance by the COR shall be made at destination within a three week period of time. All items under this contract are FOB destination.

E.2 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

52.246-02 Inspection of Supplies Fixed-Price (Aug 1996) 52.246-04 Inspection of Services Fixed Price (Aug 1996) 52.246-16 Responsibility for Supply (Apr 1984)

E.3 Upon completion of work, and at a reasonable time, the COR shall receive, inspect, and accept or reject the workmanship and goods.

E.4 In the event that the Government receives a shipment containing broken or damaged goods, the vendor shall replace broken items. If shipping cartons showed exterior damage a claim would be filed with the carrier and the government shall replace order while pending receipt of claim action.

E.5 In the event an item manufactured under this contract is found not to meet specification requirements, the Contractor shall take immediate action to replace item with one that does meet the specification requirements.

F.1 PERIOD OF PERFORMANCE

The period of performance shall be effective on the date of the Contracting Officer’s signature, and shall remain in effect for one year thereafter (twelve consecutive months). The Government has the unilateral right to renew the contract for up to four additional twelve-month periods, called “option years,” pursuant to FAR clause 52.217-9, Option to Extend the Term of the Contract.

F.2 NOTICE TO PROCEED

The only work authorized under this contract is that which is performed after receipt of such delivery orders or after a verbal or writ-ten Notice to Proceed (NTP) from the Contracting Officer, which shall be followed by a formally executed delivery order. A written NTP may be transmitted to the Contractor by facsimile or email. Only the Contracting Officer has the authority to obligate the Gov-ernment.

F.3 PLACE OF DELIVERY

F.3.1 All deliverables for the Prototype phase, as stated in Section C.2.3 and FAR Clause 52.209-3 First Article Testing in Section H, shall be sent to the following address via commercial courier:

U. S. Department of State

OBO/OPS/RDF

1701 N. Fort Myer Drive SA6-, Room 1198 Arlington, VA 22209 Attn: Valeria A. Reiter

Phone Number: 703-875-5630

F.3.2 All deliverables under the Production and Supply as stated in Section C shall be freight shipped FOB Destination to the follow-ing address:

U. S. Department of State ATTN: Keith A. Werner, Logistics Manager

11841 Newgate Blvd., Ste 200 Hagerstown, MD 21740 Phone: 301-223-1733

F.3.2.1 The Contractor shall contact the COR to coordinate the date and time of the actual delivery of the items to the address in Section F.3.2 two weeks prior to the actual delivery date.

F.4 SCHEDULES FOR PRODUCTION

Contractor shall submit Production Schedules as follows:

Description Delivery Schedule

F.4.1 Contractor submits Prototype & Production Schedule Award Date

F.4.2 CO/COR reviews and give comments 10 days after Award Date at Kick-Off Meeting

F.4.3 Contractor submits revised Final Schedule 15 days after Award Date

F.4.4 CO/COR final approval of Production Schedule 20 days after Award Date

F.5 DELIVERY ORDERS

A Delivery Order (DO) shall serve as an official written order against the IDIQ contract, requiring the Contractor to manufacture the specified amount in the Delivery Order for chinaware in accordance with the terms and conditions of the IDIQ contract. All Delivery Orders shall be issued from Department of State (DOS) AQM Office of Acquisition Management. The order shall be signed by an ap-pointed Contracting Officer.

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is Valeria Reiter ReiterVA@state.gov (703) 875 5630 (End of clause)

G.1 CONTRACT ADMINISTRATION DATA

Contracting Officer: Charlotte Cameron CameronCR@state.gov Telephone Number: 843-308-4241

Contract Administrator: Charlotte Cameron A/OPE/AQM/IP

Mailing Address: Charleston Reg Ctr.

Building F 2009 Dyess Ave. - 3F360 Charleston, SC 29405 ATTN: Charlotte Cameron

Contracting Officer's Representative (COR):Valeria Reiter OBO/OPS/RDF ReiterVA@state.gov

(703) 875 5630

G.2 ORDERING PROCEDURES

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a deliv-ery/task order and this contract, the contract shall control.

(c) If mailed, a delivery/task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized by a Contracting Officer.

G.3 OFFICE OF OVERSEAS BUILDING OPERATIONS INVOICE INSTRUCTIONS

You may submit invoices by either fax or email to the following:

1) FAX invoices to 877-437-9857, or

2) EMAIL invoices to OBOInvoices@state.gov

For exceptionally large invoices, you may ship invoices via courier (e.g., FEDEX, DHL, UPS) to:

U.S. Department of State

OBO/RM/FM SA-6

Attn: Division Chief, Fiscal Operations 1701 N. Ft Myer Dr Arlington, VA 22209

Phone: 703-875-5182 or 703-875-5724

(Please note the courier address above is not a valid USPS delivery address and mail sent via USPS will likely be returned as undeliv-erable.)

Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. To consti-tute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and address of the contractor

(2) Date of invoice

(3) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe)," (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(4) Remittance Contact Information

(5) Shipping Terms, Ship to Address

(6) Payment Terms

(7) Total Quantity of items, Total Invoice Amount

(8) DOS Order CLIN

(9) Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item

(10) Description of the services rendered for each line item

(11) Individual Line Item Quantity, Price, and Extended Amount

52.209-3 First Article Approval - Contractor Testing (Sept 1989)

[Contracting Officer shall insert details]

(a) The Contractor shall test 12 unit(s) of Lot/Item CLINs as specified in this contract. At least 30 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the

Government may witness the tests.

(b) The Contractor shall submit the first article test report within 90 calendar days from the date of this contract to U. S. Department of State, OBO/OPS/AM/PM, 1701 N. Fort Myer Drive, SA-6, Room 1198, Arlington, VA 22209, Attn: Valeria A. Reiter marked "First Article Test Report: Contract No.

(To Be Determined at Contract Award) , Lot/Item No. CLINs 0004, 0008, 0009, & 0038" Within 30 calendar days after the Govern-ment receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each re-quest for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select anoth-er first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time spe-cified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Con-tractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/con-tractor may request a waiver.

(End of clause)

H.2 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein.

This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appoin-ted Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.3 RELEASE OF INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions.

They shall not communicate to any person any information known to them by reason of their performance of services under this con-tract which has not been made public, except by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the contracting officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television ap-pearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or ter-mination of this contract. The Contractor shall include the substance of this provision in all contracts of employment an in all subcon-tracts hereunder.

Clause Title

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government - (Sept 2006) - Alternate I (Oct 1995)

52.203-7 Anti-Kickback Procedures (May 2014)

52.211-5 Material Requirements (Aug 2000)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.232-1 Payments (Apr 1984)

52.232-18 Availability Of Funds (Apr 1984)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.243-1 Changes - Fixed-Price (Aug 1987)

52.244-6 Subcontracts for Commercial Items (Jul 2014)

652.242-71 NOTICE OF SHIPMENTS (JUL 1988)

Redesignated as 652.247-70

652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. All modifications to the contract must be made in writing by the contracting officer.

(End of clause)

52.212-1 Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small busi-ness size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufac-ture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita-tion. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or sim-ilar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);

and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and condi-tions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and re-turned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternat-ive commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government of-fice designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Con-tracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be con-sidered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Govern-ment personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Govern-ment office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements pre-clude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government pro-cesses resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in re-sponse to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via fac-simile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concern-ing facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical stand-point. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be neces-sary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by spe-cific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of spe-cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Con-tractor to be registered in the System for…