19AQMM21R0039-P00003-A003.pdf

19AQMM21R0039

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

02/16/2021

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Charlotte R. Cameron

NAME

703-516-1624

TEL.

cameroncr@state.gov

EMAIL

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM21R0039

CONTACT: DUNS:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

12/21/2020

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This modification A003 is to extend the solicitation's due date to March 5, 2021 (03/05/2021). All other terms and conditions remain in full effect.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Charlotte R. Cameron

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

02/16/2021

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS : : CGFS

Line Item Summary

Solicitation Number:

19AQMM21R0039

Contract Number: Title: System Furniture installation Services

Date of Solicitation:

02/16/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Attachment A- Price Sheet (to fill out) Attachment B- Past Performance Survey Attachment C- Statement of Work-Non-Secure Attachment D-Security Information Unclassified/

SBU

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

LT

Section A - Solicitation/Contract Form

Clause Title Fill-ins

52.202-1 Definitions (Jun 2020)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) - Alternate

I (Oct 1995)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.222-50 Combating Trafficking in Persons (Oct 2020)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020)

52.225-1 Buy American-Supplies (May 2014)

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

Clause Title Fill-ins

52.225-5 Trade Agreements (Oct 2019)

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

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission Outside the United States (May 2020)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.244-6 Subcontracts for Commercial Items (Nov 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--

Representation (Nov 2015)

52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2020)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran--Representation and Certifications (Jun 2020)

52.204-7 System for Award Management (Oct 2018)

52.204-7 Alt I System for Award Management (Oct 2018) - Alternate I (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.216-27 Single or Multiple Awards (Oct 1995)

1.0 - PRICING/COSTS TYPE OF CONTRACT

1.1 Pricing/Costs

1.2 Proposed Rates

The labor categories and the fixed hourly rates per labor category shall include fully burden rates including all General and Administration, and profit. As established below, these hourly labor rates shall be used for the basis of firm fixed-priced task order(s).

Pricing Tables: Inserted above - Quantities in pricing table are estimated quantities for evaluation purposes.

1.3 Required Overview of Services

The Department of State, Overseas Buildings Operations Interior Design Division requires overseas furniture installation services.

This work includes installation of furniture and furnishings to an indefinite number of U.S. Department of State Facilities overseas, and may also include performing warehouse trips and inspection of all freight in both non-secure warehouses. The government intends to award three (3) or more Firm Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contracts from this solicitation. This is a 100% small business set aside with up to one IDIQ awarded to a WOSB (with a techncially sound proposal & fair and reasonable procing when compared to IGCE and other price proposals submitted)

1.4 Type of Contract

This is a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity (IDIQ) contract with all work under the contract to be pursuant to task orders. The contract has one base year with four (4) one-year options to be exercised at the sole discretion of the Government.

Firm fixed price task orders will be issued for each required tasking.

The contractor shall furnish all supervision, labor, materials, supplies, and equipment necessary to provide the tasked services, unless otherwise agreed upon.

1.5 Minimum and Maximum Contract Amounts

As per FAR 52.216-22, “INDEFINITE QUANTITY, “the minimum and maximum amounts for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below. The government makes no guarantee as to the number of orders or actual amount of services that may be requested above the guaranteed minimum value for the life of the contract.

The contract minimum for the life of the contract is $3,000.00

The maximum for this indefinite quantity contract if the Government exercises all options shall be any quantity or combination of supplies and services equal to $2,750,000.

1.6 Hourly Labor Rate

Each labor category shall be given a proposed hourly rate. The proposal labor rates shall include all overhead, General and Administrative expenses, and profit. These hourly labor rates shall be used by the contractor in developing the labor pricing portion of the task order proposals.

1.7 The Contractor shall provide all ‘tools of the trade’

In order to accomplish the requirement under each firm fixed price task order. The contractor provided tools shall be at no additional cost to the contract. The cost of any specialized equipment requirement, not considered to be a normal trade tool in conjunction with the services rendered herein, shall be included in the firm fixed price portion of the task order. Minor material (such as dollies, trolleys, and moving carts, etc.) used for installation shall remain at the post.

1.8 Price/Costs

The contract contains the following five (5) fixed price line items and two (2) reimbursable line items:

1.8.1 Fixed Price

Project Manager Installation Chief Installer Danger Pay Materials & Supplies

1.8.1.1 Danger Pay

When applicable, this CLIN will be used to pay the contractor for danger pay. The danger pay allowance is designed to provide additional compensation above basic compensation for serving at places in foreign areas where civil insurrection, civil war, terrorism, or wartime conditions exist that threaten physical harm or imminent danger to the health or well being of an employee.

These conditions do not include acts characterized chiefly as economic crime. Consult the Department of State webpage at http:// aoprals.state.gov/.

1.8.1.2 Materials

The Contractor shall purchase materials (such as dollies, trolleys, moving carts, plastic covers for carpets and wall, etc) for task orders under this contract. Purchases shall be made in accordance with Statement of Work. The Contractor shall not purchase any item unless authorized by the Contracting Officers Representative (COR). All equipment/supplies used for installation shall be left at the Post and must be purchased new.

Explanation of Materials/Supplies/Other Direct Costs. This is to include minor installation materials that shall be purchased new (which will remain at post after work is complete) and any or all of the following:

Duplication/reproduction services Telephone/Fax services Postage Couriers Miscellaneous installation supplies: Trolleys, Dollies, and Moving Carts, etc.

1.8.2 Reimbursable Expenses

Reimbursable Travel, MI&E and Lodging (per diem) Reimbursable Defense Base Act (DBA) Insurance

1.8.2.1 Reimbursable Expenses

Expenses not listed must be approved in advance in writing by the Contracting Officer. Reimbursable expenses shall not be burdened with any indirect costs such as overhead, General and Administrative Expenses (G & A) or fringe benefits. All travel costs shall be supported by documentation to the extent required by the applicable Government travel regulations (transportation, excess baggage expenses for tools, lodging, meals and incidental expenses). Travel expenses shall be reimbursed at actual cost up to the limits imposed by Government travel regulations.

The Government will reimburse the contractor for the following expenses:

1.8.2.2 Travel Reimbursable

Travel shall contain expenses for airline or other long distance destination mode travel which shall be reimbursed in accordance with Joint Travel Regulations.

Joint travel Regulations, www.defensetravel.dod.mil/Docs/perdiem/JTR.pdfprescribed by the Department of Defense, which is available by subscription from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9371, Stock Number 908-010-00000-1.

1.8.2.3 Reimbursable Per Diem and Lodging

Per Diem expenses, Lodging, Meals and Incidentals: Per Diem will be reimbursed pursuant to the lodging plus per diem system.

Reimbursements are limited to actual lodging expenses (up to a maximum dollar lodging amount plus an amount for miscellaneous and incidental expenses (M & IE). Please go to the U. S. Dept. of State’s website,https://aoprals.state.gov/web920/per_diem.asp

1.8.2.4 Other Reimbursable Travel Expenses

Other Travel Costs shall include Passport/visa fees, photographs, travelers checks fees, taxi fares to and from airport, airport fees (such as baggage expenses for the following: 1) transportation charges for authorized excess; 2) necessary charges for transferring baggage; 3) charges at transportation terminals for handling government property carried by the traveler; and 4) local travel from quarters to job sites if not provided by post. In the event of unforeseen expenses, additional other travel expenses may be invoiced against this CLIN after receiving written permission from the COR, via e-mail or fax.

1.8.2.5 Defense Base Act (DBA) Insurance

The Defense Base Act applies to this procurement. See DOSAR Clause 652.228-71.The Contractor will be reimbursed for the amount paid to the contracted insurance carrier after being awarded a task order. Compensation is defined as direct salary. After the DBA Insurance costs have been paid by the contractor, the contractor shall submit the certification of coverage from the carrier and a voucher for payment to the Contracting Officer. The payment voucher must be supported by a bill showing the amount paid to the carrier. The cost of DBA insurance shall be established in each firm fixed-price task order.

The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL website at:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

2.0 - PERIOD OF PERFORMANCE

2.0 PERIOD OF PERFORMANCE

2.1 Period of Performance/Deliverables

2.2 Period of Performance

This contract 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 pursuant to FAR clause 52.217-9, Option to Extend the Term of the Contract (Mar 2000).

2.3 Task Orders

All Task Orders shall be issued from the A Bureau, Logistic Management, Office of Acquisition Management, Facilities, Design & Construction Division (A/LM/AQM/FDCD) on Standard Form (OF347). The order must be signed by a duly appointed Contracting Officer.

2.4 Notice to Proceed

The only work authorized under this contract is that which is performed after receipt of such task orders or after written Notice to Proceed (NTP) from the Contracting Officer, which will be followed by a formally executed task order. A written NTP may be transmitted to the Contractor by facsimile or email.

2.5 Clean-Up

The contractor shall ensure that all areas are cleaned of debris on a daily basis after completion of services. The contractor shall remove from government premises and properly dispose of debris which is defined as all trash, cardboard, plastic wraps, etc. in the appropriate dumpsters.

2.6 Inspection of Services (FAR 52.246-4) (AUG 1996)

Definitions – “Services” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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.

The Government has the right to inspect and test all services called for by the contract, to the extent practicable 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.

If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require the subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

If any of the services do not conform to contract requirements, the Government may require the Contractor 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 repeat performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

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 Government that is directly related to the performance of such service or (2) terminate the contract for default.

2.7 Inspection and Acceptance – Services

Inspection and acceptance of services to be provided hereunder shall be made by the Contracting Officer’s Representative.

2.8 Quality Assurance

The contractor shall institute an appropriate inspection system including checklists of duties to be carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract requirements. Copies of the weekly inspection reports shall be provided to the COR.

3.0 - PLACE OF PERFORMANCE

3.0 PLACE OF PERFORMANCE

The principal place of performance for domestic support of the contract shall be the contractor’s primary place of business. Facilities shall not be charged as a direct cost against the contract.

Overseas installation shall be onsite as required by each task order. This includes mutlitple countries worldwide, not one specific country. No facilities will be provided by the government for administrative function overseas.

Receipt of furnishings and storage will be provided by posts and coordinated with the OBO/DE/ID office. This information will be passed to the contractor on an “as needed” basis.

4.0 - TIME OF PERFORMANCE

4.0 TIME OF PERFORMANCE

Work Hours - The work hours observed by the Department’s post are normally based on eight hours per day between the hours of 7:00 am and 5:30 pm, Monday through Friday, excluding Government holidays. However, Contractor personnel may be required to work alternate times and/or days as required by local customs and conditions in the country of operations. When required, the contractor will be notified in advance of the alternate work schedule.

5.0 - CONTRACT ADMINISTRATION/INVOICING INSTRUCTIONS

5.0 CONTRACT ADMINISTRATION/INVOICING INSTRUCTIONS

5.1 CONTRACT ADMINISTRATION

5.2 IDIQ Ordering Procedures

In accordance with FAR 52.216.18 “Ordering” the following individuals and activities are authorized to issue task orders hereunder:

Department of State Contracting Officer.

Orders placed under this contract shall contain the following information:

(1) Date of order

(2) Contract number and order number

(3) Item number and description, quantity and unit price

(4) Delivery or performance date

(5) Place of delivery or performance

(6) Packaging, packing and shipping instruction if any

(7) Accounting and appropriation data

(9) Any other pertinent information

In no event shall any understanding or agreement, contract modification, change order or other matter in deviation from the term of this contract between the Contractor and a person other than a Contracting Officer (CO) be effective or binding upon the Government.

The CO is the only person authorized to make or approve any changes in any of the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the discretion of any person other than the CO, the change will be considered to have been made without the authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof.

5.3 Government Authorized Personnel

All task orders shall be signed by the Contracting Officer and placed by the Contracting Specialists.

Contract Administration Data

Points of Contact

Contracting Officer: Charlotte Cameron

(410) 610-2764 Phone CameronCR@state.gov Email

Contracting Administrator: Charlotte Cameron

(410) 610-2764 Phone CameronCR@sttae.gov

Contracting Officer’s Erin Crudden Representative (COR): (703) 516-1935 Phone CruddenE@sttae.gov Email

5.4 Proper Invoicing Instructions

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

1) FAX invoices to 877-437-9857, or EMAIL invoices to OBOInvoices@state.gov

Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. To constitute 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 services rendered for each line item.

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

Finance will log in the invoice and give it to the COR who will determine if the billed services have been satisfactorily performed and if reimbursable expenses billed are correct (copies of receipts must be submitted with invoice). If it is determined that the amount billed is incorrect, the COR, will contact the Contractor, and request the Contractor to submit a revised invoice.

The Contractor shall execute a “Contractors Release of Claims Certificate” (for each task order) Attachment C, at the time of final invoice submission.

6.0 - SAFEGUARDING INFORMATION

6.0 Project Communications

6.1 General

OBO has an accredited a web-based Extranet that enhances the security associated with the exchange of DOS design/construction data, and provides business applications that improve the communication between OBO and partner contracting activities. The service name is ProjNet (Project Extranet). This service is available to support the Project Communication needs of both the Contractor and the USG.

6.2 System Capabilities

ProjNet has been developed to support web-based USG-to-Business applications related to the DOS’s facility engineering, design, and construction projects worldwide. In general, ProjNet supports four generic types of business processes: document collaboration, work product evaluation, contract monitoring, and information dissemination. The following applications are available to support the contract. While there are additional applications being developed, current and active applications are described below.

6.2.1 FILER

FILER is a collaborative application that allows authorized project participants to exchange documents among a specific work group.

ProjNet will support document collaboration among project teams. In FILER, drawings and related documents may be transmitted among business partners. FILER provides permission framework and access designations to files stored on the ProjNet server. As required, audit information may also be tracked. ProjNet’s FILER meets the FPS-140 USG requirement to electronically encrypt SBU data. FILLER is one DOS approved method for transmitting Sensitive BUT Unclassified (SBU) information across the Internet.

6.2.2 DrChecks

Contract deliverables (typically plans and specifications) will be reviewed for contract compliance utilizing a document review and checking tool called DrChecks. DrChecks assists the team (both contractor and USG) in collecting, organizing, and tracking issues to resolution. DrChecks is the tool that supports the Request for Information (RFI) process.

6.3 Classification and Sensitivity of Data Processed

ProjNet will support Sensitive But Unclassified (SBU) data only. Classified and SBU/NOFORN (No Foreign Dissemination) information is not allowed on ProjNet. It is the responsibility of all ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified and SBU information only. Movement of unclassified and SBU electronic project files across the web will be limited to ProjNet (or Other Governmnet-provided or approved applications) in order to protect data from interception. The Department of State, Bureau of Diplomatic Security will have complete access to all ProjNet data and logs with the purpose of policing classification guidelines. The hosting website and equipment supporting ProjNet are USG owned; all data passing across the website shall be construed as the property of the USG, subject to enforcement of its classification guidelines.

6.4 Service Operation

ProjNet uses secure socket layer (SSL) technology to transmit data between client and server. This technology is built into the site so it is accessible from any Internet connection. Access to ProjNet begins with a request from the prime contractor to the OBO Project Executive. Each Prime Contractor’s Facility Security Officer will be responsible for validating and approving their sub-contractors and vendors access requests before forwarding them to OBO. OBO’s Project Executive will be responsible for the review and approval of all requests, and certifying access as necessary to the Department’s mission.

6.4.1 USG’s Role

The USG will support the use of the SSL technology to all Contractors and their sub-contractors. The USG will assist users with login, program usage support, and management of server hardware and software. The USG will support the Contractor’s implementation of ProjNet by providing an online training course, available via the Foreign Service Institute (FSI), at the Contractor’s expense.

Instructions for completing the training will be provided by the COR.

6.4.2 Accounts and Passwords

It shall be the responsibility of the Contractor to ensure authorized training has been given to all personeel who wish to access ProjNet prior to assigning a password. All new ProjNet users, or those requiring remedial training, will be required to complete the Foreign Service Institute's (FSI) distance learning course PA526-ProjNetSM (Facilitationg Design and Construction Communication Utilizing the ProjNet Extranet technology) in advance of being issued a new user account. The cost per person is approximately $125 ( Contractor's exspense).

Once users have a connection to ProjNet, they identify themselves to the application using a unique password. OBO will be responsible for creating and setting up all user accounts. A unique password for each user is automatically generated for that user by the system. Using their unique password, user login to the appropriate ProjNet Application.

6.4.3 Contractor’s Role

It will be the Contractor’s responsibility to send the COR a complete list of all required users for the system from each company, including subcontractors required for the project. Requests for ProjNet access for any subcontracting firms or vendors owned by, or operated in, any country on the Prohibited Countries List, will not approved. The USG will provide the contractor with a registration form requiring the name, telephone number, email address, and verification of US Citizenship for each ProjNet user. For requests involving non-US Citizens, the contractor must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birth date and place, birth name and other names used, and name in the local language characters for each user.

Requests for ProjNet access by citizens of any country on the Prohibited Countries List will not approved. It will be the responsibility of the Contractor’s Facility Security Officer to monitor and ensure their personnel are following the Business Rules associated with ProjNet.

6.4.4 Design Professional and Contractor Hardware Requirements All Architectural/Engineering/Construction project team members are required to have broadband Internet service and a compatible web browser to gain access and use ProjNet. Browser compatibility can be tested and confirmed on the ProjNet website.

6.5 Business Rules

The Contractor is restricted from transporting unencrypted SBU data electronically across the Internet using email, FTP sites, or commercial web sites. OBO encourages contractors to handle all contract drawings and documents as if they are SBU, in order to minimize risk.

ProjNet supports up to Sensitive but Unclassified (SBU) data only. It is the responsibility of all ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified information.

Classified or SBU/NOFORN information shall not be transmitted via the ProjNet site, or any other electronic transmission using the Internet.

Contractor personnel with access to ProjNet must be U.S. citizens or may be non-US Citizens that have obtained approval to operate the system from the Department of State (DOS). The contractor cannot grant non-U.S. citizens access to ProjNet without prior DOS approval. Contractors wishing to nominate non-US citizens for access must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birth date and place, birth name and other names used, and name in the local language characters, if applicable, for each user to the COR and DS for registration/approval. Requests for ProjNet access by citizens of any country on the Prohibited Countries List will not approved. Government denial of non-U.S. Citizens or subcontractors for security reasons can be made without providing rationale for denial.

It shall be the responsibility of the Contractor’s Facility Security Officer to register, maintain, and delete all user accounts to the system on a need to know basis.

Individual users in each office will be provided with a system-generated password that will enable access to that user only.

Users shall protect their passwords as SBU information, and refrain from sharing their access into the ProjNet system.

ProjNet workstations should not be left unattended while an active ProjNet work session is ongoing. Users should logout of ProjNet after each work session.

6.6 ProjNet Connectivity

ProjNet is utilized in a web-based environment and therefore subject to the inherent speed and connectivity problems of the Internet.

The Contractor is responsible for its own connectivity to the Internet. ProjNet response time is dependent on the Contractor's equipment, including processor speed, Internet access speed, current traffic on the Internet, bandwidth, and hardware latency. The Government will not be liable for any delays associated from the usage of ProjNet including, but not limited to: slow response time, down time periods, connectivity problems, or loss of information. The contractor should ensure that connectivity to the ProjNet system is accomplished through DSL, cable or other broad band connection. Under no circumstances shall ProjNet usage be grounds for a time extension or cost adjustment to the contract.

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-22 - Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b)…