19BK8024R0002_RequestForProposal.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 73 see Block 7 The Embassy of the United States of America - Contracting Office Roberta C. Frasurea 1; 71000 Sarajevo; Bosnia and Herzegovina

19BK8024R0002

2 (two) see Block 7 15:00

Todd M. Katschke, Contracting Officer KATSCHKETM@STATE.GOV

2-23 24-26 28-29 30-31 32-33 34-35 72-73

67-71

36-51

2/26/2024

38733 704489

1/26/2024

53-66

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. VEHICLE INSURANCE SERVICES

The Contractor shall provide third-party vehicle insurance coverage and management of the related services incident to registration/re-registration for all the U.S. Government owned or managed official vehicles, VANs, buses, trucks and motorcycles located in Bosnia and Herzegovina.

B.2 TYPE OF CONTRACT

This is a fixed price type contract with economic price adjustment requirements type contract under which will be issued firm, fixed-price task orders. The fixed prices/premium rates for the third-party liability vehicle insurance coverage and management of the related services incident to registration/re-registration of the U.S. Government official vehicle as specified in Section C.

B.3. PRICES/PREMIUMS

B.3.1. VALUE ADDED TAX

VALUE ADDED TAX (VAT).

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

B.3.2. Contractor’s premiums shall include all costs including personnel, administration, management, labor, transportation, overhead and profit. All premiums shall be in Bosnia and Herzegovina Konvertibilna Marka (BAM)

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 award date, block 28 Award Date on SF-33, and continuing for a period of 12 months. Provided annual insurance premiums do not include any percentage of “Bous” (discount/decrease percentage of insurance premium) or “Malus” (percentage of increase of insurance premium) applicable by Traffic Law of Federation of Bosnia and Herzegovina.

B.3.3.1. Annual third-party vehicle liability insurance premium for: passenger vehicles with 5 or less than 5 passengers’ seats (driver’s seat is not included).

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES *EST QTY UNIT UNIT PRICE TOTAL ESTIMATED AMOUNT

0001 Vehicle Category E (over 55kW – 66kW) 1 YR BAM BAM

0002 Vehicle Category F (over 66kW – 84kW) 9 YR BAM BAM

0003 Vehicle Category G (over 84kW – 110kW) 11 YR BAM BAM

0004 Vehicle Category H (over 110kW) 55 YR BAM BAM

TOTAL ESTIMATED ANNUAL INSURANCE PREMIUM BAM

B.3.3.2. Annual supplemental fees to third-party vehicle insurance premium for passenger vehicle insurance categories from E through H (see B.3.3.1) with more than 5 passenger seats, excluding drivers’ seat. The Government provided “Lump Sum” for supplemental vehicle insurance fees for passenger vehicles. The lump sum shall be included in total estimate base year.

10% supplemental fees to third-party liability insurance premiums for passenger vehicle categories from E through H (as provided in B.3.3.1) with more than 5 passenger seats excluding drivers’ seat.

1 YR BAM 2,000.00 BAM 2,000.00

B.3.3.3. Annual third-party liability vehicle insurance premium for trucks

0006 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 4 YR BAM BAM

0007 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 1 YR BAM BAM

B.3.3.4. Annual third-party liability vehicle insurance premium vehicle group 3 - BUSES

Annual third-party vehicle insurance premium for company buses use for official business purposes only!

Not for public transportation use!

0008 Annual third-party vehicle insurance premium for buses 1 YR BAM BAM

Third-party Annual passenger insurance premium rate for each passenger seat designated by manufacturer of the vehicle (drivers’ seat not included)

20 YR BAM BAM

B.3.3.5. Annual International third -party liability vehicle insurance premium. Flat rate for all vehicle categories.

Annual International third-party vehicle insurance premium rates for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement

40 YR BAM BAM

B.3.3.6. Motor vehicle exhaust gas emission test (EKO) services for vehicles with internal combustion engine.

Vehicle Exhaust Gas Emission (EKO) Test, gasoline operated vehicles with installed exhaust emission control device (catalytic convertor).

58 EA BAM BAM

0012 Vehicle Exhaust Gas Emission (EKO) Test, diesel operated vehicles. 20 EA BAM BAM

EKO TEST ESTIMATED TOTAL AMOUNT BAM

B.3.3.7. Motor vehicle testing and technical inspection /survey services.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES *EST

QTY UNIT

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

Vehicle Category M1 Represents a group of passenger vehicles designed for transportation of persons with maximum of 1 driver seat and 8 passenger seats

76 EA BAM BAM BAM

Vehicle Category M3 Buses-represents a group of automotive vehicles built for transportation of persons with maximum of 1 driver seat and more than 8 passenger seats, whose Maximum Vehicle Weight (MVW) is greater than 5000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

Vehicle Category N1 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is less or equal to 3500 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

4 EA BAM BAM BAM

Vehicle Category N2 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is greater than 3500 kg and less than or equal to 12000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

VEHICLE TECHNICAL INSPECTION/SURVEY ESTIMATED TOTAL AMOUNT BAM

B.3.3.8. Administrative fees.

0017 Vehicle Ownership book – issued for new vehicles or replacement of old one YR BAM BAM

Annual Vehicle registration and re-registration License book issuing and annual verification - Stamp fees

82 YR BAM BAM

0019 Annual Registration/Re-registration Sticker 82 YR BAM BAM

Vehicle license plates usage fees for foreign Diplomatic and Consular Missions to Bosnia and Herzegovina (new vehicles)

EA BAM BAM

TOTAL ESTIMATED ADMINISTRATIVE FEES BAM

B.3.3.9. Insurance agent/brokerage service fees

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

0021 Insurance agent/brokerage service fees 82 EA BAM BAM BAM

INSURANCE AGENT/BROKERAGE SERVICE ESTIMATED TOTAL AMOUNT BAM

TOTAL ESTIMATE BASE YEAR BAM

NOTE: This amount is based on total estimated Government requirements If more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of BAM 1,205.00. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed BAM 80,000.00. This reflects the contract maximum for this period of performance.

B.3.4. PREMIUMS – OPTION YEAR ONE

The Contractor shall provide the services for the premiums shown below for the Option Year One period of the contract, starting one year (12 calendar months) after the contract award date, block 28 Award Date on SF- 33, and continuing for a period of 12 months. Provided annual insurance premiums do not include any percentage of “Bous” (discount/decrease percentage of insurance premium) or “Malus” (percentage of increase of insurance premium) applicable by Traffic Law of Federation of Bosnia and Herzegovina.

B.3.4.1. Annual third-party vehicle liability insurance premium for: passenger vehicles with 5

1001 Vehicle Category E (over 55kW – 66kW) 1 YR BAM BAM

1002 Vehicle Category F (over 66kW – 84kW) 9 YR BAM BAM

1003 Vehicle Category G (over 84kW – 110kW) 11 YR BAM BAM

1004 Vehicle Category H (over 110kW) 55 YR BAM BAM

B.3.4.2. Annual supplemental fees to third-party vehicle insurance premium for passenger vehicle insurance categories from E through H (see B.3.3.1) with more than 5 passenger seats, excluding drivers’ seat. The Government provided “Lump Sum” for supplemental vehicle insurance fees for passenger

10% supplemental fees to third-party liability insurance premiums for passenger vehicle categories from E through H (as provided in B.3.3.1) with more than 5 passenger seats

B.3.4.3. Annual third-party liability vehicle insurance premium for trucks

1006 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 4 YR BAM BAM

1007 Truck Category T.3.

B.3.4.4. Annual third-party liability vehicle insurance premium vehicle group 3 - BUSES

Annual third-party vehicle insurance premium for company buses use for official business purposes only!

Not for public transportation use!

1008 Annual third-party vehicle insurance premium for buses 1 YR BAM BAM

Third-party Annual passenger insurance premium rate for each passenger seat designated by manufacturer of the vehicle (drivers’ seat not included)

B.3.4.5. Annual International third -party liability vehicle insurance premium. Flat rate for all

Annual International third-party vehicle insurance premium rates for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement

B.3.4.6. Motor vehicle exhaust gas emission test (EKO) services for vehicles with internal

Vehicle Exhaust Gas Emission (EKO) Test, gasoline operated vehicles with installed exhaust emission control device (catalytic convertor).

58 EA BAM BAM

1012 Vehicle Exhaust Gas Emission (EKO) Test, B.3.4.7. Motor vehicle testing and technical inspection /survey services.

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

Vehicle Category M1 Represents a group of passenger vehicles designed for transportation of persons with maximum of 1 driver seat and 8 passenger seats

76 EA BAM BAM BAM

Vehicle Category M3 Buses-represents a group of automotive vehicles built for transportation of persons with maximum of 1 driver seat and more than 8 passenger seats, whose Maximum Vehicle Weight (MVW) is greater than 5000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

Vehicle Category N1 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is less or equal to 3500 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

4 EA BAM BAM BAM

Vehicle Category N2 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is greater than 3500 kg and less than or equal to 12000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

B.3.4.8. Administrative fees.

1017 Vehicle Ownership book – issued for new vehicles or replacement of old one YR BAM BAM

Annual Vehicle registration and re-registration License book issuing and annual verification - Stamp fees

82 YR BAM BAM

1019 Annual Registration/Re-registration Sticker 82 YR BAM BAM

Vehicle license plates usage fees for foreign

B.3.4.9. Insurance agent/brokerage service fees

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

1021 Insurance agent/brokerage service fees 82 EA BAM BAM BAM

TOTAL ESTIMATE OPTION YEAR ONE BAM

NOTE: This amount is based on total estimated Government requirements If more than one award is made, the

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of BAM 1,205.00. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed BAM

B.3.5. PREMIUMS – OPTION YEAR TWO

The Contractor shall provide the services for the premiums shown below for the Option Year Two period of the contract, starting two years (24 calendar months) after the contract award date, block 28 Award Date on SF- 33, and continuing for a period of 12 months. Provided annual insurance premiums do not include any percentage of “Bous” (discount/decrease percentage of insurance premium) or “Malus” (percentage of increase

B.3.5.1. Annual third-party vehicle liability insurance premium for: passenger vehicles with 5

2001 Vehicle Category E (over 55kW – 66kW) 1 YR BAM BAM

2002 Vehicle Category F (over 66kW – 84kW) 9 YR BAM BAM

2003 Vehicle Category G (over 84kW – 110kW) 11 YR BAM BAM

2004 Vehicle Category H (over 110kW) 55 YR BAM BAM

B.3.5.2. Annual supplemental fees to third-party vehicle insurance premium for passenger vehicle insurance categories from E through H (see B.3.3.1) with more than 5 passenger seats, excluding drivers’ seat. The Government provided “Lump Sum” for supplemental vehicle insurance fees for passenger

10% supplemental fees to third-party liability insurance premiums for passenger vehicle categories from E through H (as provided in B.3.3.1) with more than 5 passenger seats

B.3.5.3. Annual third-party liability vehicle insurance premium for trucks

2006 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 4 YR BAM BAM

2007 Truck Category T.3.

B.3.5.4. Annual third-party liability vehicle insurance premium vehicle group 3 - BUSES

Annual third-party vehicle insurance premium for company buses use for official business purposes only!

Not for public transportation use!

2008 Annual third-party vehicle insurance premium for buses 1 YR BAM BAM

Third-party Annual passenger insurance premium rate for each passenger seat designated by manufacturer of the vehicle (drivers’ seat not included)

B.3.5.5. Annual International third -party liability vehicle insurance premium. Flat rate for all

Annual International third-party vehicle insurance premium rates for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement

B.3.5.6. Motor vehicle exhaust gas emission test (EKO) services for vehicles with internal

Vehicle Exhaust Gas Emission (EKO) Test, gasoline operated vehicles with installed exhaust emission control device (catalytic convertor).

58 EA BAM BAM

2012 Vehicle Exhaust Gas Emission (EKO) Test, B.3.5.7. Motor vehicle testing and technical inspection /survey services.

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

Vehicle Category M1 Represents a group of passenger vehicles designed for transportation of persons with maximum of 1 driver seat and 8 passenger seats

76 EA BAM BAM BAM

Vehicle Category M3 Buses-represents a group of automotive vehicles built for transportation of persons with maximum of 1 driver seat and more than 8 passenger seats, whose Maximum Vehicle Weight (MVW) is greater than 5000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

Vehicle Category N1 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is less or equal to 3500 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

4 EA BAM BAM BAM

Vehicle Category N2 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is greater than 3500 kg and less than or equal to 12000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

B.3.5.8. Administrative fees.

2017 Vehicle Ownership book – issued for new vehicles or replacement of old one YR BAM BAM

Annual Vehicle registration and re-registration License book issuing and annual verification - Stamp fees

82 YR BAM BAM

2019 Annual Registration/Re-registration Sticker 82 YR BAM BAM

Vehicle license plates usage fees for foreign

B.3.5.9. Insurance agent/brokerage service fees

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

2021 Insurance agent/brokerage service fees 82 EA BAM BAM BAM

TOTAL ESTIMATE OPTION YEAR TWO BAM

NOTE: This amount is based on total estimated Government requirements If more than one award is made, the

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of BAM 1,205.00. contract minimum for this period of performance. The amount of all orders shall not exceed BAM 80,000.00. This reflects the contract maximum for this period of performance.

B.3.6. PREMIUMS – OPTION YEAR THREE

The Contractor shall provide the services for the premiums shown below for the Option Year Three period of the contract, starting three years (36 calendar months) after the contract award date, block 28 Award Date on SF-33, and continuing for a period of 12 months. Provided annual insurance premiums do not include any percentage of “Bous” (discount/decrease percentage of insurance premium) or “Malus” (percentage of increase

B.3.6.1. Annual third-party vehicle liability insurance premium for: passenger vehicles with 5

3001 Vehicle Category E (over 55kW – 66kW) 1 YR BAM BAM

3002 Vehicle Category F (over 66kW – 84kW) 9 YR BAM BAM

3003 Vehicle Category G (over 84kW – 110kW) 11 YR BAM BAM

3004 Vehicle Category H (over 110kW) 55 YR BAM BAM

B.3.6.2. Annual supplemental fees to third-party vehicle insurance premium for passenger vehicle insurance categories from E through H (see B.3.3.1) with more than 5 passenger seats, excluding drivers’ seat. The Government provided “Lump Sum” for supplemental vehicle insurance fees for passenger

10% supplemental fees to third-party liability insurance premiums for passenger vehicle categories from E through H (as provided in B.3.3.1) with more than 5 passenger seats

B.3.6.3. Annual third-party liability vehicle insurance premium for trucks

3006 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 4 YR BAM BAM

3007 Truck Category T.3.

B.3.6.4. Annual third-party liability vehicle insurance premium vehicle group 3 - BUSES

Annual third-party vehicle insurance premium for company buses use for official business purposes only!

Not for public transportation use!

3008 Annual third-party vehicle insurance premium for buses 1 YR BAM BAM

Third-party Annual passenger insurance premium rate for each passenger seat designated by manufacturer of the vehicle (drivers’ seat not included)

B.3.6.5. Annual International third -party liability vehicle insurance premium. Flat rate for all

Annual International third-party vehicle insurance premium rates for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement

B.3.6.6. Motor vehicle exhaust gas emission test (EKO) services for vehicles with internal

Vehicle Exhaust Gas Emission (EKO) Test, gasoline operated vehicles with installed exhaust emission control device (catalytic convertor).

58 EA BAM BAM

3012 Vehicle Exhaust Gas Emission (EKO) Test, B.3.6.7. Motor vehicle testing and technical inspection /survey services.

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

Vehicle Category M1 Represents a group of passenger vehicles designed for transportation of persons with maximum of 1 driver seat and 8 passenger seats

76 EA BAM BAM BAM

Vehicle Category M3 Buses-represents a group of automotive vehicles built for transportation of persons with maximum of 1 driver seat and more than 8 passenger seats, whose Maximum Vehicle Weight (MVW) is greater than 5000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

Vehicle Category N1 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is less or equal to 3500 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

4 EA BAM BAM BAM

Vehicle Category N2 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is greater than 3500 kg and less than or equal to 12000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

B.3.6.8. Administrative fees.

3017 Vehicle Ownership book – issued for new vehicles or replacement of old one YR BAM BAM

Annual Vehicle registration and re-registration License book issuing and annual verification - Stamp fees

82 YR BAM BAM

3019 Annual Registration/Re-registration Sticker 82 YR BAM BAM

Vehicle license plates usage fees for foreign

B.3.6.9. Insurance agent/brokerage service fees

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

3021 Insurance agent/brokerage service fees 82 EA BAM BAM BAM

TOTAL ESTIMATE OPTION YEAR THREE BAM

NOTE: This amount is based on total estimated Government requirements If more than one award is made, the

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of BAM 1,205.00. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed BAM

B.3.7. PREMIUMS – OPTION YEAR FOUR

The Contractor shall provide the services for the premiums shown below for the Option Year Four period of the contract, starting four years (48 calendar months) after the contract award date, block 28 Award Date on SF- 33, and continuing for a period of 12 months. Provided annual insurance premiums do not include any percentage of “Bous” (discount/decrease percentage of insurance premium) or “Malus” (percentage of increase

B.3.7.1. Annual third-party vehicle liability insurance premium for: passenger vehicles with 5

4001 Vehicle Category E (over 55kW – 66kW) 1 YR BAM BAM

4002 Vehicle Category F (over 66kW – 84kW) 9 YR BAM BAM

4003 Vehicle Category G (over 84kW – 110kW) 11 YR BAM BAM

4004 Vehicle Category H (over 110kW) 55 YR BAM BAM

B.3.7.2. Annual supplemental fees to third-party vehicle insurance premium for passenger vehicle insurance categories from E through H (see B.3.3.1) with more than 5 passenger seats, excluding drivers’ seat. The Government provided “Lump Sum” for supplemental vehicle insurance fees for passenger

10% supplemental fees to third-party liability insurance premiums for passenger vehicle categories from E through H (as provided in B.3.3.1) with more than 5 passenger seats

B.3.7.3. Annual third-party liability vehicle insurance premium for trucks

4006 Truck Category T.3.

(Carrying capacity over 1.0t – 2.0t) 4 YR BAM BAM

4007 Truck Category T.3.

B.3.7.4. Annual third-party liability vehicle insurance premium vehicle group 3 – BUSES

Annual third-party vehicle insurance premium for company buses use for official business purposes only!

Not for public transportation use!

4008 Annual third-party vehicle insurance premium for buses 1 YR BAM BAM

Third-party Annual passenger insurance premium rate for each passenger seat designated by manufacturer of the vehicle (drivers’ seat not included)

B.3.7.5. Annual International third -party liability vehicle insurance premium. Flat rate for all

Annual International third-party vehicle insurance premium rates for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement

B.3.7.6. Motor vehicle exhaust gas emission test (EKO) services for vehicles with internal

Vehicle Exhaust Gas Emission (EKO) Test, gasoline operated vehicles with installed exhaust emission control device (catalytic convertor).

58 EA BAM BAM

4012 Vehicle Exhaust Gas Emission (EKO) Test, B.3.7.7. Motor vehicle testing and technical inspection /survey services.

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

Vehicle Category M1 Represents a group of passenger vehicles designed for transportation of persons with maximum of 1 driver seat and 8 passenger seats

76 EA BAM BAM BAM

Vehicle Category M3 Buses-represents a group of automotive vehicles built for transportation of persons with maximum of 1 driver seat and more than 8 passenger seats, whose Maximum Vehicle Weight (MVW) is greater than 5000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

1 EA BAM BAM BAM

Vehicle Category N1 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is less or equal to 3500 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

4 EA BAM BAM BAM

Vehicle Category N2 Represents a group of automotive vehicles built for transportation of goods on its own chassis (truck), whose Maximum Vehicle Weight (MVW) is greater than 3500 kg and less than or equal to 12000 kg (MVW = Vehicle Gross Weight + Manufacturer Allowable Loading Capacity)

B.3.7.8. Administrative fees.

4017 Vehicle Ownership book – issued for new vehicles or replacement of old one YR BAM BAM

Annual Vehicle registration and re-registration License book issuing and annual verification – Stamp fees

82 YR BAM BAM

4019 Annual Registration/Re-registration Sticker 82 YR BAM BAM

Vehicle license plates usage fees for foreign

B.3.7.9. Insurance agent/brokerage service fees

UNIT PRICE

TOTAL ESTIMATED

AMOUNT SERVICE

(No VAT) VAT (17%)

4021 Insurance agent/brokerage service fees 82 EA BAM BAM BAM

TOTAL ESTIMATE OPTION YEAR FOUR BAM

NOTE: This amount is based on total estimated Government requirements If more than one award is made, the

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of BAM 1,205.00. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed BAM

TOTAL ESTIMATE BASE YEAR BAM

TOTAL ESTIMATE OPTION YEAR ONE BAM

TOTAL ESTIMATE OPTION YEAR TWO BAM

TOTAL ESTIMATE OPTION YEAR THREE BAM

TOTAL ESTIMATE OPTION YEAR FOUR BAM

GRAND TOTAL ESTIMATE BAM

B.4. PARTIAL INSURANCE PREMIUMS

B.4.1. Insurance Premiums for Period Less Than One Calendar Year (365 calendar days). Vehicle insurance premium rate shall be calculated as percentage of annual insurance premium for specific vehicle category as shown in table “Calculation of Insurance Premiums”, paragraph 5 Insurance Premium Regulations issued by the Agency for Supervision of Insurance Companies in Federation of Bosnia and Herzegovina.

B.4.2. Insurance Premiums for Vehicles Removed During Period of Performance. The U.S.

Government shall be reimbursed for remaining period of insurance after deletion of vehicle from the list pursuant to authority of paragraph 8 “Termination of Insurance Contract/Policy”, of Premium Regulations issued by the Agency for Supervision of Insurance Companies in Federation of Bosnia and Herzegovina.

B.4.3. Insurance Premiums for Vehicles Added. Insurance for vehicles added during the contract performance shall be on annual basis starting from the first day of insurance and continuing for 12 calendar months.

B.5. ADMINISTRATIVE RETENTION AMOUNTS

The Contractor shall retain an amount of 12% of annual third-party vehicle insurance premium paid per vehicles, for the purpose of administrative service fees.

B.6. ECONOMIC PRICE ADJUSTMENT

B.6.1. Vehicle Insurance Premiums may be adjusted upward or downward based on the experience rating of the Mission(s) covered by this contract. No adjustment will be allowed during the first 12 months of the contract. After such time, the Contractor or the Government may request an adjustment in premiums on an annual basis for each insured vehicle. Before any such adjustment is made, the Contractor agrees to provide detailed explanation for vehicle to be insured showing bonus and malus to the annual insurance premium. Insurance premium rates may be adjusted pursuant to paragraph 9 “Insurance Premium Calculations Based on Car Accident History”, Insurance Premium Regulations FBiH. The Government reserves the right to have an independent third party review the balance sheet and make recommendations regarding the appropriateness of the requested adjustment.

Any adjustment shall be subject to mutual agreement of the parties and shall result in issuing separate Task Order for specific vehicle. Any failure to reach agreement under this clause shall be subject to the procedures in the Disputes clause.

B.6.2. The rates may also be adjusted during the performance period of the contract as a result of laws enacted by the host Government, if such change in the laws has a direct impact on the cost to the Contractor to perform this contract at the contracted rate. In that event, the Contracting Officer may enter into negotiations with the Contractor to modify the contract to adjust the premium rates. The Contractor agrees to provide all documentation necessary to support any requested adjustment.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. GENERAL

C.1.1. The U.S. Embassy in Sarajevo, Bosnia and Herzegovina, requires third-party vehicle insurance coverage, and other services incident to registration/re-registration of all the U.S.

Government owned or managed official passenger vehicles, VANs, buses, trucks and motorcycles. The specific coverage and services incident thereto registration/re-registration of vehicles set forth in Section C of this contract and listed below are in strict conformance with Bosnia and Herzegovina Traffic Law and Insurance Premium Regulations published by Agency for Supervision of Insurance Companies.

- Annual third-party vehicles insurance services

- Annual International third-party vehicle insurance for official vehicles designated for travel outside of Bosnia and Herzegovina to countries not covered with EU insurance coverage agreement.

- Annual vehicle technical inspection/survey.

- Administrative and insurance brokerage services required by Bosnia and Herzegovina Traffic

Law including but not limited to obtain: license plates, vehicle ownership book, vehicle registration/re-registration book, decals for the U.S. Government official vehicles.

C.1.2. Definitions

FMC - Financial Management Center or the paying office COR- Contracting Officer's Representative.

COTR/GTM - Contracting Officer’s Technical Representative/Government Technical Monitor 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 U.S. Government official passenger vehicles, VANs, buses, trucks and motorcycles listed in Section B. This insurance shall include:

Type of Coverage Minimum Required Amount

a. Bodily injury (to include passengers riding in the vehicle other than the driver)

BAM 2,000,000.00

b. Property Damage BAM 400,000.00

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 and other related services incident to registration and re-registration of the U.S.

Government owned or managed vehicles 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) or

Contracting Officers’ Technical Representative/Government Technical Monito (COTR/GTM) 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. 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 A. 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. This report shall include at minimum the following:

- Vehicle plate number

- Vehicle insurance category

- Period of insurance (start and end dates)

- Insurance premium paid

- Damage claimed (if any)

- Reimbursement (settlement) paid by the insurance company

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: vehicle serial number

(VIN-vehicle identification number); manufacturer name; vehicle model name; vehicle type; vehicle insurance premium category; insurance premium bonus (discount) or malus (penalty) if applicable;

vehicle international coverage (if applicable); vehicle technical inspection/survey category; fuel type;

and total value of insurance premium and other services incident to registration/re-registration of the U.S. Embassy official vehicles.

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

C.5. 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:

- U.S. Embassy Sarajevo, Bosnia and Herzegovina

- U.S. Embassy Branch Office Banja Luka, Bosnia and Herzegovina

- U.S. Embassy Branch Office Mostar, Bosnia and Herzegovina

- USAID Sarajevo

- U.S. Embassy Sarajevo Defense Attache Office

- U.S. Embassy Sarajevo Department Of Justice

- U.S. Embassy Sarajevo Overseas Building Operations

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 third-party vehicle insurance and management services incident to registration/re-registration of the U.S.

Government owned or managed official passenger vehicles, VANs, buses, trucks, and motorcycles 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.

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E.2.3. PROCEDURES

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

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

(iii) 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.

(iv) 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.

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

(vi) 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.

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

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

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

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the

Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

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

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

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 one year beginning on award date, block 28 Award Date on SF-33 and continuing for twelve months, with four (4) one-year options to renew.

F.3. OPTIONS

F.3.1. The Government may extend this contract in accordance with the option clause at Section I, clause I.8. FAR Clauses Incorporated by Full Text (FAR 52.217-9, Option to Extend the Term of the Contract), which also specifies the total potential duration of the contract.

F.3.2. The Government may exercise the option set forth at Section I, "FAR 52.217-8, Option to

Extend Services".

F.4. DELIVERABLES

The Contractor shall delivery the following items under this contract:

DESCRIPTION QTY DELIVERY DATE DELIVER TO

C.4.3. List of Vehicles Covered 2 10 days after contract award or event

Contracting Officer and COR

C.4.2. Semiannual reports 2 On the 5th workday every 6 months after

COR

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DESCRIPTION QTY DELIVERY DATE DELIVER TO

contract award or exercise of option year.

C.4.1. Monthly report 1 On the 5th workday each month. COR

C.1.1. Third-party vehicle insurance policy (Bosnian and English version); International third-party vehicle insurance policy (if requested by the Government); and copy of vehicle technical inspection/survey report.

1 of each per vehicle

Two workdays after successful completion of vehicle technical inspection/survey.

COR

C.7. Insurance decal 1

One workday after procedure completion by the Bosnia and Herzegovina Authorities

COR

C.1.1. License Plates for new vehicles (x2 – 1 pair) 1

One workday after procedure completion by the Bosnia and Herzegovina Authorities

COR

C.1.1. vehicle ownership book;

vehicle registration/re-registration book

1 of each per vehicle

One workday after procedure completion by the Bosnia and Herzegovina Authorities

COR

F.5. DELIVERABLE ADDRESSES

F.5.1. Reports to Contracting Officer. The Contractor shall deliver reports to the Contracting Officer at the following address:

The Embassy of the United States of America Attn. Contracting Officer Roberta C. Frasurea 1 71000 Sarajevo; Bosnia and Herzegovina

F.5.2. Reports to Contracting Officer’s Representative (COR). The Contractor shall deliver reports to the Contracting Officer’s Representative at the following address:

The Embassy of the United States of America Attn. Customs/Shipping/VAT FSN Supervisor Roberta C. Frasurea 1 71000 Sarajevo; Bosnia and Herzegovina

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. DOSAR 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 Customs/Shipping/VAT Supervisor.

G.2. SUBMISSION OF INVOICES

G.2.1. The Contractor shall submit invoices in an original and one (1) copy to following address (designated billing office only for the purpose of submitting invoices, see SF-33, Block 25):

The Embassy of the United States of America Attn. Financial Management Office Roberta C. Frasurea 1 71000 Sarajevo Bosnia and Herzegovina

Copy of invoice may be also submitted electronically to the following e-mail address:

SARAJEVOINVOICES@STATE.GOV

G.2.2. A proper invoice shall comply with the requirements of Section I.1. FAR 52.232-25

PROMPT PAYMENT (JAN 2017).

G.2.3. Payment. The Government will make all payments in Bosnia and Herzegovina Konvertibilna Marka (BAM).

G.2.3.1. VALUE ADDED TAX

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

G.2.4. Frequency of Payments. All funds under this contract will be obligated by issuance of task orders, as described in Section I, paragraphs I.5. and I.6. Each task order will fund a specific period of insurance and related services for vehicles. Task order shall be issued on monthly basis or on “case by case” basis, as described in Section I, paragraphs I.5. and I.6.

G.3. CREDITS AND REFUNDS TO THE GOVERNMENT

In the event that premiums have previously been paid for a vehicle subsequently removed from coverage or for a vehicles on which the cost of coverage has been subsequently reduced, 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. Treasury. The bank check shall be remitted to:

The Embassy of the United States of America Attn. Financial Management Office Roberta C. Frasurea 1 71000 Sarajevo Bosnia and Herzegovina

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. INSURANCE POLICY

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