19AU9026Q0002_Vehicle_Insurance.pdf

19AU9026Q0002

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. VEHICLE INSURANCE SERVICES

The Contractor shall provide insurance coverage and management of the related services for all the U.S. Government owned official vehicles and e-motorcycles located in

Vienna, Austria.

B.2 TYPE OF CONTRACT

This is a fixed price type contract with an economic price adjustment.

B.3. PRICES/PREMIUMS

B.3.1 VALUE ADDED TAX

The Government will not reimburse the Contractor for VAT under this contract. The

Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government. In addition, the U.S. Government is also exempted from other charges of a public nature which are or may be imposed against this contract.

B.3.2 Contractor’s premiums shall include all costs including personnel, administration, management, labor, transportation, overhead and profit. All premiums shall be excluded from the Bonus/Malus system and shall be priced in Euro.

B.3.3 Premiums - Base Period: The Contractor shall provide the services for the premiums shown below for the base period of the contract, starting on the start date in the

Notice to Proceed and continuing for a period of 12 months.

Item no.

Model Type Number of vehicles

Annual premium per vehicle in EURO

Total annual premium in

EURO

001 Any 72

002 Dealer tags 3

003 e-motorbikes 4

Grand total Base period premium

B.3.4 Premiums – Option Year One: The Contractor shall provide the services for the premiums shown below for Option Year One of the contract, starting one year after start date in the Notice to Proceed and continuing for a period of 12 months.

Model Type Number of vehicles

Annual premium per vehicle in EURO

Total annual premium in

EURO

001 Any 72

Grand total OY1 period premium

B.3.5 Premiums – Option Year Two: The Contractor shall provide the services for the premiums shown below for Option Year Two of the contract, starting two years after year after start date in the Notice to Proceed and continuing for a period of 12 months.

Model Type Number of vehicles

Annual premium per vehicle in EURO

Total annual premium in

EURO

001 Any 72

Grand total OY2 period premium

B.3.6 GRAND TOTAL BASE AND ALL OPTION PERIODS PREMIUMS

Base year __________________

Option Year 1 __________________

Option Year 2 __________________

Grand total __________________

B.4 ANNUAL PREMIUMS

B.4.1 Annual Premiums. Payments shall be made semi-annually, as further addressed in G.2.4.;’

B.7.2 Premiums for Vehicles Added or Removed During Period of Performance

B.7.2.1 Monthly Premiums. Premiums for vehicles added or deleted shall be computed on a monthly basis. Monthly premiums shall be computed by dividing the annual premiums by twelve.

B.7.2.2 Vehicles and Type of Insurance Coverage Added.

Premiums for vehicles added to this contract or for which types of coverage are increased under this contract shall commence on the first day of the month in which the coverage is effective.

B.7.2.3 Vehicles and Type of Insurance Coverage Removed.

Premiums for vehicles removed from coverage under this contract or for which types of coverage are deleted from this contract shall be paid through the last day of the month in which the vehicle or coverage is dropped.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. GENERAL

C.1.1 The U.S. Tri Missions Vienna require vehicle insurance coverage of all the U.S. Government official vehicles and e-motor bikes. The specific coverage under this contract is set forth in Section C and the Attachments in Section J.

C.1.2 Definitions

FMC - Financial Management Center or the paying office

COR - Contracting Officer's Representative.

GSO - General Services Officer in charge of the General Services Office at post. This officer is usually the Contracting Officer for this contract.

C.2. THIRD PARTY INSURANCE COVERAGE

The Contractor shall provide third party liability insurance coverage for all the official vehicles and e-motor bikes as listed in Section B. This insurance shall include:

Type of Coverage Minimum Required Amount

Bodily injuries (to include EUR 10,000.00 passengers riding in the vehicle other than the driver)

C.3. OTHER CONTRACTOR REQUIREMENTS

C.3.1 Managerial and Administrative Support

C.3.1.1 The Contractor shall furnish all managerial and administrative support necessary to furnish the insurance under this contract.

C.3.1.2 The Contractor shall provide a representative for the daily administration of this contract. This representative will meet with the Contracting

Officer’s Representative (COR) as needed. The representative shall hand carry original documents, such as accident reports, to the Contractor’s office so that claims are received with the legally stipulated time of 48 hours. If the representative is absent, an alternate shall serve as a replacement. The alternate shall be familiar with this contract and all cases in progress.

C.3.2 Legal Assistance

C.3.2.1 If, and to the extent, authorized in advance by the United

States Department of Justice and requested by the Contracting Officer, the

Contractor shall provide legal services in case of any accidents that are brought into court involving vehicles covered by the Contractor’s policy. This service shall include adjudication and management of every case through final resolution, even if the insurance policy has expired before the time of final resolution. There shall be no additional charge for this service.

C.3.2.2 The Contractor shall inform the Contracting Officer immediately if third parties threaten legal action as a result of inability to settle any accident.

C.3.2.3 The fact that the Embassy enjoys diplomatic immunity shall not in itself be a sufficient reason for refusing to settle any insurance case.

C.3.2.4 The Contractor understands the publicity caused by undue delay may embarrass the United States Government. The Contractor must agree to take proper and discreet action to settle each accident on its merits.

C.4 REPORTS

C.4.1 Monthly. The Contractor shall submit an individual status report for every vehicle involved in an accident, whether the case is pending or resolved. These reports shall comply with Exhibit B. Each report shall cover information for the previous month.

C.4.2 Semi-Annual. The Contractor shall submit a report twice each year of all resolved cases explaining the circumstances and liability of the parties. This report shall cover the preceding six months.

C.4.3. List of Vehicles Covered. The Contractor shall update a complete list of all vehicles covered under this contract.

C.4.3.1 This list shall include, as a minimum, the following items:

• Serial number

• Make and model of the vehicle

• License plates number

• Start date of insurance coverage

• Type(s) of coverage and annual premium for each type of coverage

C.4.3.2 The Contractor shall provide this list within ten (10) days of contract award. The Contractor shall update this list within ten (10) days of each contract modification that revises the vehicles to be insured.

C.5 CHANGES IN VEHICLES REQUIRING COVERAGE OR CHANGES IN

TYPES OR AMOUNTS OF COVERAGE REQUIRED

C.5.1 Notification to Contractor. The Contracting Officer will notify the

Contractor by e-Mail, each time there is a change in the vehicles covered under the contract.

The Contracting Officer will normally modify the contract on an annual basis, when the contract renewal becomes applicable. Only the Contracting Officer is authorized to add or remove vehicles from coverage. The Contractor shall not add or remove vehicles or revise the type of coverage for any vehicles under this contract without written notification from the Contracting Officer.

C.5.2 Contract Modification. The contract modification will include:

• the vehicles added or removed

• effective date of coverage

• annual premiums.

C.5.3 Addition or Removal of Vehicles Covered. The Contracting Officer may add or remove vehicles insured under this contract at any time, during any of the periods of performance, under this contract.

C.6 ELIGIBLE PARTICIPATING AGENCIES

The agencies eligible for the vehicles insurance services are all U.S. Tri Missions’ agencies that have signed up for subject service.

C.7 INSURANCE DECALS

The Contractor shall provide the stickers for all covered vehicles within ten (10) days of contract award or contract modification.

SECTION D

PACKAGING AND MARKING

RESERVED

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the

FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or

Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.2. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP). This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative

(COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance.

The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold

Services.

Performs all vehicle insurance services set forth in the performance work statement

(PWS)

C.1 thru C.7 All required services are performed and no more than one

(1) customer complaint is received per month.

E.2.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

E.2.2 STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the

Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of

Services-Fixed Price (August 1996) if any of the services exceed the standard.

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

E.2.3 PROCEDURES

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the

Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the

COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

(FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 PERIOD OF PERFORMANCE

F.2.1 The performance period of this contract is from the start date listed in the

Notice to Proceed and continuing for twelve months.

F.2.2 The Government may extend this contract under FAR 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

F.3 DELIVERABLES

The Contractor shall delivery the following items under this contract:

Description Quantity Delivery Date Deliver to:

C.4.3 List of Vehicles Covered 1 10 days after event COR described in C.5

C.4.1. Monthly Report 1 10th of each month COR in the event of accidents

C.4.2. Semi-Annual Report 1 semi-annually in the COR event of accidents https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

F.4 DELIVERABLE ADDRESSES

F.4.1 Reports to Contracting Officer’s Representative (COR. The Contractor shall deliver reports to the Contracting Officer at the following address:

U.S. Tri Mission Vienna

Customs and Shipping Unit

Boltzmanngasse 16

A-1090 Vienna

F.5 NOTICE TO PROCEED. At the time of contract award, the Government will also issue a Notice to Proceed. This Notice to Proceed will establish a start date for providing the insurance services required under this contract. The Government will give the Contractor a minimum of ten (10) days to start providing services, unless both parties agree to an earlier start date.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE

(COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position 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, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Shipment Supervisor

G.2 SUBMISSION OF INVOICES

G.2.1 The Contractor shall submit invoices by e-mail to

VNNFinanceIntake@state.gov

G.2.2 A proper invoice shall comply with the requirements of Section I.1, FAR

52.232-25, “Prompt Payment”.

G.2.3 Payment. The Government will make all payments in EURO.

G.2.3.1 VALUE ADDED TAX

The Government will not reimburse the Contractor for VAT under this contract. The

Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

G.2.4 Timing of Payments. Payments under this contract will be made annually upon receipt of a proper invoice and verification thereof.

G.3 CREDITS AND REFUNDS

In the event that premiums have previously been paid for a vehicle subsequently removed from coverage, all or any part of any resulting overpayment shall, in the sole discretion of the Contracting Officer, be:

• Applied as a credit against additional payments owed to the Contractor under the applicable contract, or;

• Refunded by the Contractor to the U.S. Government by certified bank check made payable to the U.S. Tri Missions’ bank account.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. INSURANCE POLICY

H.1.1 The Contractor’s insurance policy is incorporated into this contract as

Exhibit C of Section J.

H.1.2 The Contractor shall include an English translation of the original insurance policy without cost to the Government.

H.2 PERMITS

Without cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The

Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

H.3 STANDARDS OF CONDUCT

(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

(b) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

(c) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

(d) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; and organizing or participating in gambling in any form.

H.4 SECURITY

H.4.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees who will require entry onto Government premises. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract.

H.4.2 Time Requirements. Within five days after contract award, the Contractor shall submit the following information for clearance for the Contractor’s representative and alternate.

H.4.3 Required Information. The Contractor shall complete and application form for each employee. This application will be provided by the COR.

SECTION I

CONTRACT CLAUSES

I.1. FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1)

CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

52.202-1 DEFINITIONS (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

(NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS (JUN 2020)

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV

2025) (ALTERNATE I - NOV 2025) (DEVIATION)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT OR

VOLUNTARILY EXCLUDED (JAN 2025)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2025)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2025)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PROCUREMENTS

(FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (MAY 2024)

52.228-4 WORKERS COMPENSATION AND WAR-HAZARD

INSURANCE OVERSEAS (APR 1984)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

53.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (OCT 2018)

52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (MAR 2023)

52.233-1 DISPUTES (MAY 2014), Alternate I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987), ALTERNATE II

(APR 1984)

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (APR 2012)

52.249-4 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

THE FOLLOWING ARE FEDERAL ACQUISITION REGULATION CLAUSE(S)

IS/ARE INCORPORATED IN FULL TEXT:

I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within the performance period of the contract.

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

I.4 RESERVED

I.5 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26

U.S.C. 7701(a)(31)); and

(5) Any trust if-https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C.

5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-

7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury

Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party

Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about

IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and

Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the

Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26

CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue

Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

I.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September

30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond

September 30 of the current calendar year, until funds are made available to the

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/help/tax-law-questions https://www.irs.gov/help/tax-law-questions

1.7 DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR)

CLAUSES INCORPORATED IN FULL TEXT

I.7.1 652.215-70 EXAMINATION OF RECORDS

(a) With respect to matters related to this contract or a subcontract hereunder, the

Department of State Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law;

and

(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.

(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1).

I.7.2 652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION

ACT OF 1979, AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50

U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The

Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of

Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such

U.S. person;

https://www.ecfr.gov/current/title-48/section-652.215-70#p-652.215-70(c)

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden

``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of

Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;

(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.

I.7.3 CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME

Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

3) Contractor personnel may not utilize Department of State logos or indicia on business cards.

I.7.4 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

I.7.5 652.243-70 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.

SECTION J

LIST OF ATTACHMENTS

Exhibit A – CURRENT VEHICLE LIST

Exhibit B – CONTRACTOR’S MONTHLY AND BI-ANNUAL STATUS REPORTS

Exhibit C - CONTRACTOR’S INSURANCE POLICY FOR THIRD-PARTY

LIABILITY COVERAGE (to be added at time of award)

EXHIBIT A

Make Model kW gasoline kW Electro

Dealer Plates

Dealer Plates

Dealer Plates

BMW X5 390kW

Chevrolet Suburban 265kW

BMW X5 330kW

Jeep Grand Cherokee 210kW

Dodge Grand Caravan 208kW

Ford Tourneo 86,5kW 63,5kW

Dodge Grand Caravan 208kW

Smart EQ 41kW

BMW C evolution 11kW

Ford Mustang 200kW

Dodge Durango 268kW

BMW X5 330kW

Dodge Durango 270kW

Dodge Grand Caravan 208kW

Toyota ProAce 57kW

Nissan Leaf 160kW

Ford Custom 125kW

Chrysler Pacifica 214kW 83kW

Ford Custom 125kW

Chrysler Pacifica 214kW 83kW

BMW 340i xDrive 240kW

Chrysler Pacifica 214kW 83kW

Ford Connect 88,3kW

Ford Custom 125kW

Chrysler Pacifica 214kW 83kW

Ford Transit 125kW

Nissan Leaf 160kW

Ford Transit 136kW

Volvo XC60 184kW

MAN TGL 162kW

Volvo XC90 173kW 8kW

Transit Connect 88,3kW

Ford Kuga 112kW 42,4kW

Ford Custom 125kW

Ford Custom 125kW

Smart EQ 41kW

Smart EQ 41kW

Chevrolet Suburban 263kW

Chrysler Pacifica 214kW 83kW

Ford Tourneo 136kW

Nissan NV200 80kW

Dodge Grand Caravan 208kW

Ford Tourneo 136kW

Nissan Leaf 90kW

Chevrolet Suburban 263kW

Nissan NV200 80kW

Volvo XC 60 145kW 8kW

Mercdes Benz V-Klasse 174kW

Ford Transit 125kW

Toyota ProAce 57kW

Ford Transit 125kW

Toyota ProAce 57kW

Mercedes Benz V-Klasse 120kW

Ford Tourneo 125kW

BMW X3 180kW

Volvo XC60 173kW

BMW X3 180kW

Volvo XC60 173kW

Volvo XC90 187kW

Mercdes V-250 140kW

Volvo CX60 184kW

Ford V-Max 176kW

Volvo XC90 147kW

VW Sharan 103kW

Volvo XC90 184kW

Volvo XC60 184kW

BMW 530D 190kW

Nissan NV200 80kW

Nissan NV200 80kW

Nissan NV200 80kW

Nissan NV200 80kW

BMW 535i 225kW

BMW C evolution 11kW

BMW C evolution 11kW

BMW C evolution 11kW

BMW X5 330kW

Dodge Grand Caravan 208kW

EXHIBIT B

CONTRACTOR’S MONTHLY AND SEMI-ANNUAL STATUS REPORTS

These reports shall, as a minimum, contain the following information:

- Date and place of accident

- Embassy driver involved

- Identification and license plate of Embassy vehicle

- Type of coverage

- Which party is liable for the accident and why

- Name and address of adverse party

- Name and address of adverse insurance company

- Current status of settlement, if pending explain why

- If a case is settled, give date of settlement, name of party who was reimbursed

- Date of reimbursement

- In case settlement payment is made directly to a garage, date of payment

EXHIBIT C

CONTRACTOR’S INSURANCE POLICY(IES) FOR THIRD-PARTY LIABILITY

COVERAGE

To be added at time of contract award.

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

(a) The offeror certifies that -

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above

____________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

K.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2024)

(a) Definitions. As used in this provision – “Lobbying contact” has the meaning provided at 2 USC 1602(8). The terms “agency”, “influencing or attempting to influence”, “officer or employee of an agency”, “person”, “reasonable compensation”, and “regularly employed” are defined in the FAR clause of this solicitation entitled

Limitation on Payments to Influence Certain Federal Transactions (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal

Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of

1995 have made a lobbying contract on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its officer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 USC 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 USC 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

K.3 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS – REPRESENTATION

(JAN 2017)

(a) Definition. As used in this provision-

Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure

Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency

Office of the Inspector General).

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent", as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

https://www.acquisition.gov/far/part-52#FAR_52_203_19

"Taxpayer Identification Number (TIN)", as used in this provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification

Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision in order to comply with debt collection requirements of 31 U.S.C.

7701(c) and 3325 (d), reporting requirements of 26 USC 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (3l USC

7701( c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN)

TIN:

TIN has been applied for

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.

Offeror is an agency or instrumentality of a foreign government

Offeror is an agency or instrumentality of the Federal Government

(e) Type of Organization

Sole Proprietorship

Partnership

Corporate Entity (not tax exempt)

Corporate Entity (tax exempt)

Government entity (Federal, State or local)

Foreign Government

International organization per 26 CFR 1.6049-4

Other:

(f) Common Parent

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

Name and TIN of common parent

Name

TIN

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-

3, Offeror Representations and Certifications-Commercial Products or Commercial

Services. The…