19BR2520Q0012 - Mission Brazil LES Meal Voucher Services.pdf

SENSITIVE BUT UNCLASSIFIED

Embassy of the United States of America

U.S. Embassy Brasilia March 02, 2020

To: Prospective Quoters

Subject: Request for Quotations number 19BR2520Q0012

Enclosed is a Request for Quotations (RFQ) for U.S. Mission Brazil locally employed staff meal voucher services.

If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit your proposal via email to BrasiliaProposalsDL@state.gov or to the physical address shown at Block 15 on the Standard Form 1449.

The U.S. Government intends to award a purchase order to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

All contractors must register in the System for Award Management (SAM) database (www.sam.gov) prior to submitting a quotation pursuant to FAR 52.204-7.

Quotations are due on April 09, 2020 by 4:00 PM local time.

Direct any questions regarding this solicitation to Contracting Officer - G. Bart Stokes by email to stokesgb@state.gov during regular business hours.

Sincerely, G. Bart Stokes Contracting Officer mailto:BrasiliaProposalsDL@state.gov http://www.sam.gov/ mailto:stokesgb@state.gov

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RFQ 19BR2520Q0012

Meal Voucher Services Mission Brazil

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19BR2520Q0012 Prices, Block 23

• Continuation To SF-1449, RFQ Number 19BR2520Q0012 Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment A- Eligible products to purchase with meal vouchers

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

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SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19BR2520Q0012

PRICES, BLOCK 27B

I. PERFORMANCE WORK STATEMENT

A. The purpose of this indefinite delivery indefinite quantity (IDIQ) contract is to provide meal voucher services for the U.S. Mission in Brazil locally employed staff in accordance with the specifications and terms set forth herein.

B. The Contractor shall furnish services for the management of the meal ticket/card program to the U.S. Mission in Brazil locally engaged Staff in accordance with all applicable laws and regulations and the U.S. Embassy local compensation plan.

C. The contract will be for a one-year base period from the date of the contract award, with four

(4) one-year options.

D. The contract type will be an indefinite-quantity indefinite-delivery type of contract under which may be placed firm-fixed price delivery orders.

II. PRICING

The Contractor shall provide the services described below for the period of the contract, starting on the date of award for a one-year period and four one-year options. The fixed unit prices estimated quantities are as shown below.

The Contractor shall furnish to the Government, when and if ordered, the services as specified in this contract.

The prices specified below include all labor, materials, overhead, profit and transportation necessary to deliver the required items to the:

U.S. Mission in Brazil

HUMAN RESOURCES OFFICE

SES QD 801-LOT 03AV. Nacoes Brasilia, DF, BRAZIL

The contractor shall invoice the Embassy once a month via email submission to the Designated Billing Office (DBO) email address.

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II. 1- PRICING BASE YEAR

CLIN SERVICE UNIT

UNIT

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

Regular Meal allowance for locally employed staff with a value of BRL 11.85 per day (264 days) each 11.85 237,600.00* 2,815,560.00

Overtime Meal allowance for locally employed staff with a value of BRL 11.85 per month (270 OTs) each 11.85 3,240.00*** 38,394.00

Issuance of the electronic MARKET card, set up fee and delivery for employees each 0.00 450**

Issuance of the electronic RESTAURANT card, set up fee and delivery for employees each 0.00 450**

0005 Administrative fees for program management month 0.00 12

Total Estimated price in BRL All Taxes included – BASE YEAR

* This quantity is the estimated total number of meal allowance for the year - estimated number of employees (900) x number of days (264).

** This quantity represents the estimated amount of employees and work days and may vary from month to month.

*** This quantity is the estimated total number of OT meal allowance for the year based on last FY-19 usage.

CLIN 0001 is the fixed REGULAR meal allowance amount for full time Locally Employed Staff. The amount of BRL 11.85 is set by the USG for each employee per working day, in accordance with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for attribution to each electronic meal card. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

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CLIN 0002 is the estimated OVERTIME meal allowance amount for Locally Employed Staff. The amount of BRL 11.85 is set by the USG for each employee working overtime days, in accordance with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for issuance of meal coupons. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

CLIN 0003 corresponds to the costs applied for the issuance of each employee MARKET meal card. This shall include the creation of the card itself, the employee account set up, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 0004 corresponds to the costs applied for the issuance of each employee RESTAURANT meal card. This shall include the creation of the card itself, the employee account set up, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 0005 corresponds to the monthly fees the Contractor shall apply to manage the local employed staff Meal voucher services for the U.S. Embassy.

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders for a minimum of 1 000 meal allowances. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 290,000 meal allowances. This reflects the contract maximum for this period of performance.”

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II.2- PRICING OPTION YEAR ONE

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

Regular Meal allowance for locally employed staff with a value of BRL 11.85 per day (264 days) each 11.85 237,600.00* 2,815,560.00

Overtime Meal allowance for locally employed staff with a value of BRL 11.85 per month (270 OTs) each 11.85 3,240.00*** 38,394.00

Issuance of the electronic MARKET card, replacement cards within the year each 0.00 25**

RESTAURANT card, replacement cards within the year

1005 Administrative fees for program

Total Estimated price in BRL All Taxes included – OPTION YEAR # 01

** This quantity represents the estimated number of new cards and replacement cards for the year.

*** This quantity is the estimated total number of OT meal allowance for the year -based on last FY-19 usage.

CLIN 1001 is the fixed REGULAR meal allowance amount for full time Locally Employed Staff. The

Brazilian law and Department of State regulations. This amount shall be provided to the

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CLIN 1002 is the estimated OVERTIME meal allowance amount for Locally Employed Staff. The amount of BRL 11.85 is set by the USG for each employee working overtime days, in accordance with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for issuance of meal coupons. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

CLIN 1003 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the MARKET meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 1004 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the RESTAURANT meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 1005 corresponds to the monthly fees the Contractor shall apply to manage the local allowances. This reflects the contract minimum for this period of performance. The amount of

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II.3- PRICING OPTION YEAR TWO

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

Regular Meal allowance for locally employed staff with a value of BRL 11.85 per day (264 days) each 11.85 237,600.00* 2,815,560.00

Overtime Meal allowance for locally employed staff with a value of BRL 11.85 per month (270 OTs) each 11.85 3,240.00*** 38,394.00

Issuance of the electronic MARKET card, replacement cards within

RESTAURANT card, replacement

2005 Administrative fees for program

Total Estimated price in BRL All Taxes included – OPTION YEAR # 02

** This quantity represents the estimated number of new cards and replacement cards for the year.

CLIN 2001 is the fixed REGULAR meal allowance amount for full time Locally Employed Staff. The

Brazilian law and Department of State regulations. This amount shall be provided to the

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CLIN 2002 is the estimated OVERTIME meal allowance amount for Locally Employed Staff. The with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for issuance of meal coupons. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

CLIN 2003 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the MARKET meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 2004 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the RESTAURANT meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 2005 corresponds to the monthly fees the Contractor shall apply to manage the local employed staff Meal voucher services for the U.S. Embassy.

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders for a minimum of 1 000 meal allowances. This reflects the contract minimum for this period of performance. The amount of

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Meal Voucher Services Mission Brazil

II.4- PRICING OPTION YEAR THREE

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

Regular Meal allowance for locally employed staff with a value of BRL 11.85 per day (264 days) each 11.85 237,600.00* 2,815,560.00

Overtime Meal allowance for locally employed staff with a value of BRL 11.85 per month (270 OTs) each 11.85 3,240.00*** 38,394.00

Issuance of the electronic MARKET card, replacement cards within

RESTAURANT card, replacement

3005 Administrative fees for program

Total Estimated price in BRL All Taxes included – OPTION YEAR # 03

** This quantity represents the estimated number of new cards and replacement cards for the year.

CLIN 3001 is the fixed REGULAR meal allowance amount for full time Locally Employed Staff. The

Brazilian law and Department of State regulations. This amount shall be provided to the

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CLIN 3002 is the estimated OVERTIME meal allowance amount for Locally Employed Staff. The with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for issuance of meal coupons. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

CLIN 3003 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the MARKET meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 3004 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the RESTAURANT meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 3005 corresponds to the monthly fees the Contractor shall apply to manage the local allowances. This reflects the contract minimum for this period of performance. The amount of

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II.5- PRICING OPTION YEAR FOUR

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

Regular Meal allowance for locally employed staff with a value of BRL 11.85 per day (264 days) each 11.85 237,600.00* 2,815,560.00

Overtime Meal allowance for locally employed staff with a value of BRL 11.85 per month (270 OTs) each 11.85 3,240.00*** 38,394.00

Issuance of the electronic MARKET card, replacement cards within

RESTAURANT card, replacement

4005 Administrative fees for program

Total Estimated price in BRL All Taxes included – OPTION YEAR # 04

** This quantity represents the estimated number of new cards and replacement cards for the year.

CLIN 4001 is the fixed REGULAR meal allowance amount for full time Locally Employed Staff. The

Brazilian law and Department of State regulations. This amount shall be provided to the

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CLIN 4002 is the estimated OVERTIME meal allowance amount for Locally Employed Staff. The with Brazilian law and Department of State regulations. This amount shall be provided to the contractor for issuance of meal coupons. No VAT shall be applied on this meal allowance amount. No deductions shall be made by the provider to this value.

CLIN 4003 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the MARKET meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 4004 corresponds to the estimated costs applied for the issuance of new or replacement cards within the year (lost or stolen) for the RESTAURANT meal card. This shall include the creation of the card itself, and the delivery of the card to the U.S. Embassy as well as direct communication of security code to the Employee.

CLIN 4005 corresponds to the monthly fees the Contractor shall apply to manage the local employed staff Meal voucher services for the U.S. Embassy.

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders for a minimum of 1 000 meal allowances. This reflects the contract minimum for this period of performance. The amount of

II.6- ESTIMATED GRAND TOTAL IN BRL ALL TAXES INCLUDED

Base year Option year one (1) Option year two (2)

Option year three (3) Option year four (4)

GRAND TOTAL - Base plus all option years

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III. VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates and is not applicable in Brazil. Should it become applicable, it shall be priced as a separate Line Item in the contract and on Invoices.

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QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory 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 monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Paragraphs

Performance Threshold

Services.

Performs all meal voucher services set forth in the scope of work.

See Block 20

All required services are performed and no more than two (2) customer complaint is received per month.

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.

2. STANDARD. The performance standard is that the Government receives no more than two (2) 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 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

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.

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(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.

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CONTINUATION TO SF-1449,

RFQ NUMBER 19BR2520Q0012

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I- SCOPE

The U.S. Mission in Brazil wishes to implement meal vouchers as part of the local compensation plan for approximately 900 locally employed staff. This program shall be effective within 30 days of contract award, or on the earliest payroll date possible post award.

II- SPECIFICATIONS

3.1- General

The Contractor shall consider all the planning, programming, administration and management necessary to ensure that services described hereafter are conducted in accordance with the applicable Brazilian laws and Department of State regulations. The Contractor shall perform all related support functions such as but not limited to the supply, the issuance of meal voucher cards (Market and Restaurant cards), quality control, financial oversight and maintenance of complete records and files. The meal voucher program shall be set up in advance for a starting date within 30 days of contract award, or on the earliest payroll date possible post award.

3.2- Meal Voucher Specifications

The Contractor shall provide the meal vouchers (Market and Restaurant cards) in the form of electronic meal cards for locally employed staff. They shall be valid in Brazil 24 hours per day and 7 days per week including holidays.

The Contractor shall provide two different meal voucher cards as follows:

- MARKET Cards: An electronic card shall be issued for each individual employee to be used in network markets for redemption of food items. The meal voucher card shall accrue a daily value of BRL 11.85 per working day. The employee shall have a total of 264 vouchers per year.

- RESTAURANT Cards: An electronic card shall be issued for each individual employee to be used in network restaurants for redemption of food items. The meal voucher card shall accrue a daily value of BRL 11.85 per working day. The employee shall have a total of 264 vouchers per year.

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In accordance with applicable Brazilian law, the credited meal cards may only be used for the purchase of meals or food items (see a list of eligible articles in Attachment A). The meal cards and coupons shall be accepted by a minimum of (exy-180,000 entities) in Brazil, allowing the employees to use them easily. For each employee, the number of tickets shall be calculated on the basis of 264 days throughout the year.

The validity of meal allowance shall be indefinite, or until otherwise used by the card holder.

3.3- Program Management

3.3.1 – Meal Card program management for locally Employed staff

The U.S Embassy shall forward all the names of eligible employees to the Contractor with monthly updates for new employees. Based on this information, the Contractor shall create an individual account for each employee and provide a meal card linked to each individual account. The meal cards shall be sent to the HR Section of the U.S. Embassy BRasilia, HUMAN RESOURCES OFFICE, SES QD 801-LOT 03, AV. Nacoes, Brasilia, DF, BRAZIL for distribution to the employees who shall then activate the meal cards. Necessary security codes shall be sent directly to the Employee’s physical street address and email.

The Contractor shall deliver all personalized meal cards no later than fifteen (15) working days after the issuance of the task order.

At the beginning of each month, the U.S. Embassy shall credit the Contractor’s account with the value corresponding to the total number of meal allowances determined for the month.

The Contractor shall credit money to the employee’s personal meal card account no more than five

(5) working days after payment by the U.S. Embassy.

Then, the Contractor shall, on a monthly basis, confirm via email to the COR (Contracting Officer’s Representative) that the applicable money has been transferred to each employee meal card account and is available.

The Contractor shall ensure and monitor the validity of the cards. At the end of their validity, the Contractor shall replace them with new ones at no additional cost to the U.S Government.

The credited amounts on the employee’s account shall be transferred to the new card.

The HR section will inform the Contractor when an employee terminates his/ her employment with the U.S Embassy in order to disable the meal card.

In case of a theft or a loss of the meal card, it is the employee’s responsibility to block his/her card by immediately contacting the Contractor’s service number or on-line platform. The service number/on-line platform shall be available 24/7. The Contractor shall immediately confirm to the individual and U.S Embassy that the account has been successfully blocked. The issuance of a

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replacement card shall be free for the first theft or loss of a card and charged directly to the employee at the predetermined cost thereafter. The balance amount on the employee’s account shall be transferred to the replacement card.

3.4- Presentation

The Contractor shall conduct two (2) orientation sessions at each U.S. Mission location for locally employed staff. Those sessions shall be done in order to explain to employees:

- The benefits of meal vouchers

- How to create their internet account and navigate on the interface

- How and where they can use their meal card

The Contractor shall program those sessions within 30 days of award.

Flyers shall be made for all employees and left at the U.S. Embassy.

3.5- Key Personnel

The Contractor shall designate one project manager able to speak English and Portuguese as a single Point of Contact dedicated to the U.S. Mission. An electronic platform/website or interface with multiple interlocutors shall only be made available for cardholders to manage their accounts.

3.6- Confidentiality

All information received and transmitted by the Contractor shall be treated in accordance with the U.S privacy laws and in accordance with Brazilian law. The contractor shall agree to maintain strict professional confidentiality in accordance with such standards as may be set or approved by the U.S. Government, concerning any information related to performance of this contract. All employee data shall be treated and transferred in a secure manner. All documents generated by the Contractor under this contract shall become and remain the U.S. Government property.

Information provided by the U.S. Government shall be held strictly confidential and treated in a secure manner. Any records, correspondence or other material furnished to or generated shall be destroyed after 6 years.

3.7- Quality

The Contractor shall ensure that all work meets the required standard of performance as described in this contract.

The U.S. Embassy shall provide the Contractor with all necessary data/ information within the schedule provided in the specification.

The contractor shall deliver services to the U.S. Embassy within the schedule.

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The Contractor shall be evaluated on the number of issues raised by individual employees, its ability to solve them. The Contractor shall be expected to make good any losses incurred by an employee through errors attributable directly to the Contractor.

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SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) DEVIATION 2017-02 (JUNE 2017), is incorporated by reference (See SF-1449, Block 27A)

Substitute the following paragraph (r) for that in the referenced basic clause.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERICAL ITEMS (JAN 2020) DEVIATION 2017-02 (JUNE 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

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__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

__ (3a) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (Apr 2014) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d)

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if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds

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$700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

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

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ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

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. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.t pl to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(OCT 2018)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000)

52.228-3 WORKERS’ COMPENSION INSURANCE (Defense Base Act) JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARDS INSURANCE OVERSEAS

(APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

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

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl

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52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

The following FAR clause(s) is/are provided in full text:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised. See F.2.

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

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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 meal cards, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of than 1,500 meal cards;

(2) Any order for a combination of items in excess of 1,500 meal cards; or

(3) A series of orders from the same ordering office within than 3 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within than 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the…