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US Embassy N'Djamena has requirement to purchase Transformer and AVR for NEC
Solicitation number
19CD3018Q0008
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Solicitation for Transformer and Automatic Voltage Regulator

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United States Embassy N’Djamena

Date: August 16, 2018 To:

Prospective Quoters Subject: Request for Quotations number: 19CD3018Q0008 Enclosed is a Request for Quotations (RFQ) for acquisition of Transformer and AVR. 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 it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract/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.

This solicitation may result in either one award for both items or two awards, one award per item.

Please note that the installation of the Transformer and AVR is not included in this requirement.

All contractors have to be registered in the SAM (System for Award Management) Database https://www.sam.gov prior to contract award pursuant to FAR provision 52.204-7. Therefore prospective offerors are encouraged to register prior to the submittal of quotations/proposals.

The guidelines for registration in SAM are also available at:

https://www.statebuy.state.gov/pd/Pages/AdditionalVendorReg.aspx Quotations are due by September 17, 2018 at 17:00 pm

Sincerely, William G Keith

Contracting Officer

Enclosure

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER : PR7553615

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19CD3018Q0008

6. SOLICITATION ISSUE DATE

August 16, 2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

William G Keith, Contracting Officer

b. TELEPHONE NUMBER(No collect calls)+235- 2251-5017

Ext 24557

8. OFFER DUE DATE/ LOCAL TIME 05:00pm September 17, 2018

9. ISSUED BY CODE

10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:____ % FOR:

AMERICAN EMBASSY N’DJAMENA

SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS

ATTN: GSO/PROCUREMENT OFFICE

ROUND POINT CHAGOUA

B.P. 413, N’DJAMENA

HUBZONE SMALL BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

REPUBLIC OF CHAD

TEL: +235 2251-5017

FAX: +235 2253-9102

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS
EDWOSB
8 (A)
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINAT- TION UNLESS BLOCK IS MARKED SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)
13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ RFP IFB

15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE

US Embassy Ndjamena Rond Point Chagoua

B.P. 413, N’Djamena

Tel: +235 2251 5017 / +235 2253-9102

GSO/PROCUREMENT OFFICE

ROUND POINT CHAGOUA

B.P. 413, N’DJAMENA

N’DJAMENA, REPUBLIC OF CHAD

TEL: +235 2251-5017; FAX: +235 2253-9102

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY
CODE
18a. PAYMENT WILL BE MADE BY

FINANCIAL MANAGEMENT OFFICE (FMO)

AMERICAN EMBASSY N’DJAMENA

ROUND POINT CHAGOUA

B.P: 413, N’DJAMENA

REPUBLIC OF CHAD

TEL: +235 2251-5017; FAX: +235 2253-9102

CODE

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

OFFER

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The contractor shall deliver Transformer and AVR in accordance with the description, scope of work, clauses and conditions which are hereby attached.

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

25. ACCOUNTING AND APPROPRIATION DATA

0.00 XAF

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

0.00 XAF

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE NOT ATTACHED ARE
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE NOT ATTACHED ARE
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

William G Keith

31c. DATE SIGNED

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19CD3018Q0008

· , Prices, Block 23

· Continuation To SF-1449, RFQ Number 19CD3018Q0008

· , Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

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

Section 5 - Offeror Representations and Certifications

· Offeror Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER: 19CD3018Q0008

PRICES, BLOCK 23

I.

Scope of Services

The Contractor shall provide the Medium-Voltage Transformers and Low-Voltage Automatic Voltage Regulators for US Embassy N’Djamena Compound. Please see the scope of work herein attached.

This is a firm-fixed price type of purchase order/contract.

The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items door-to-door to:

US Embassy Ndjamena, Chad

Phone: +235 2251 5017; Fax: +235 2253 9102

E-Mail: Ndjamena Requests - Procurement NdjamenaRequests-Procurement@state.gov All prices are in USD.

II.

Pricing Line

Item

Description
Unit
Unit Price
Est. Quantity*
Total Price
01
Transformer
Ea
02
Automatic Voltage Regulators
Ea

Grand Total

CONTINUATION TO SF-1449

RFQ NUMBER: 19CD3018Q0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. The US Embassy N’Djamena has a requirement to purchase Medium-Voltage Transformers and Low-Voltage Automatic Voltage Regulators. Please see Description/Specifications/Work Statement below:

I.1 - 261200 - MEDIUM-VOLTAGE TRANSFORMERS

PART 1 - GENERAL

A. NETA ATS: Acceptance Testing Specification.

PRODUCTS

1.2 PAD-MOUNTED, LIQUID-FILLED TRANSFORMERS

A. Description: ANSI C57.12.13, IEEE C57.12.00, IEEE C57.12.26, pad-mounted, 2-winding transformers. Stainless-steel tank base and cabinet.

B. Insulating Liquid: Mineral oil, complying with ASTM D 3487, Type II, and tested according to ASTM D 117; or less- flammable type, fire-resistant biodegradable seed oil (Envirotemp FR3 or equal).

C. Basic Impulse Level: 95 kV BIL for 15kV primaries, 125kV BIL for 25kV primaries, 150kV BIL for 35kV primaries.

D. Full-Capacity Voltage Taps: Four 2.5 percent taps, two above and two below rated high voltage; with externally operable tap changer for de-energized use and with position indicator and padlock hasp.

E. High-Voltage Switch: 200 A, make-and-latch rating of 10-kA RMS, symmetrical, arranged for radial feed with 3-phase, 2-position, gang-operated, load-break switch that is oil immersed in transformer tank with hook-stick operating handle in primary compartment.

F. Overcurrent protection: Molded vacuum fault interrupter.

G. High-Voltage Terminations and Equipment: Dead front with universal-type bushing wells for dead-front bushing-well inserts, complying with IEEE 386 and including the following:

1. Bushing-Well Inserts: One for each high-voltage bushing well.

2. Surge Arresters: Dead-front, elbow-type, metal-oxide-varistor units.

3. Parking Stands: One for each high-voltage bushing well.

4. Portable Insulated Bushings: Arranged for parking insulated, high-voltage, load-break cable terminators; one for each primary feeder conductor terminating at transformer.

H. Accessories:

1. Drain Valve 25 mm, with sampling device.

2. Dial-type thermometer.

3. Liquid-level gage.

4. Pressure-vacuum gage.

5. Pressure Relief Device: Self-sealing with an indicator.

6. Mounting provisions for low-voltage potential transformers.

I. Size transformer according to that indicated on Drawings. If size must be adjusted to accommodate a load different from that in the base SED, provide 20 percent spare capacity over actual demand. Include provisions for the future addition of fans to extend the capacity 20 percent beyond the self-cooled OA rating for future growth when transformer is rated above 750kVA.

J. Transformer impedance should be selected to limit the fault current to 65kA maximum (which has been determined to be 5.75% or less).

1.3 SOURCE QUALITY CONTROL

A. Factory Tests: Perform design and routine tests according to standards specified for components. Conduct transformer tests according to ANSI and IEEE Standards.

B. Factory Tests: Perform the following factory-certified tests on each transformer:

1. Resistance measurements of all windings on rated-voltage connection and on tap extreme connections.

2. Ratios on rated-voltage connection and on tap extreme connections.

3. Polarity and phase relation on rated-voltage connection.

4. No-load loss at rated voltage on rated-voltage connection.

5. Excitation current at rated voltage on rated-voltage connection.

6. Impedance and load loss at rated current on rated-voltage connection and on tap extreme connections.

7. Applied potential.

8. Induced potential.

9. Temperature Test: If transformer is supplied with auxiliary cooling equipment to provide more than one rating, test at lowest kilovolt-ampere Class OA or Class AA rating and highest kilovolt-ampere Class OA/FA or Class AA/FA rating:

a. Temperature test is not required if record of temperature test on an essentially duplicate unit is available.

10. The Government will have option to witness all required factory tests. Notify Project Director/COR at least 14 days before date of tests and indicate their approximate duration.

1.4 FACTORY FINISH

A. For all outdoor applications and all indoor application in a harsh environment, refer to Division 09 Section “High Performance Coatings.”

1.5 COILS

A. For transformers to be installed in high fault current areas, aluminum and sheet windings should be avoided.

1.6 INSULATING OIL

A. For mineral oil, Neutralization Number shall not be greater than 0.03 gm KOH/ml when measured in accordance with ASTM D 974. Emulsified water shall not exceed 25ppm at 20 deg C. When measured in accordance with ASTM D 1553. Power factor shall not exceed .5 percent at 20 deg C when measured in accordance with ASTM D 924.

B. For less flammable, fire resistant biodegradable seed oil, the dielectric coolant shall be listed less-flammable fluid meeting the requirements of NEC Section 450-23 and the requirements of NESC Section 15. The fluid shall be non-toxic, non-biodegradable per EPA OPPTS 835.3100. It shall be Factory Mutual Approved and UL Classified, Envirotemp FR3 fluid or equal. It shall have open cup flash point of 325°C or less and a fire point of 350°C or less per ASTM D92

1.7 AVR AND MEDIUM VOLTAGE TRANSFORMERS

A. AVR and Medium Voltage Transformer Configurations: Without exception, all medium voltage automatic voltage regulators shall be delta connected. Without exception, all medium voltage transformers shall have delta connected primaries and wye connected secondaries.

1.8 PAINTING

A. For all outdoor applications and all indoor applications in a harsh environment refer to Division 09 Section “High Performance Coatings.” After fabrication, all exposed ferrous metal surfaces of the transformer and component equipment shall be cleaned and painted.

I.2 -

263552 – LOW-VOLTAGE AUTOMATIC VOLTAGE REGULATORS

PART 2 - GENERAL

2.1 PERFORMANCE REQUIREMENTS

A. AVR system shall be commercially available. LV AVR shall be standard products of manufacturer, and shall be manufacturer’s latest design that complies with this Section. The automatic voltage regulators provided under this Section shall be products of the same manufacturer. Units with proprietary manuals or schematics that cannot be openly provided to the Government and any AVR maintenance firm selected to work on AVR system are not allowed.

B. Performance Characteristics:

1. Input Voltage: System voltage shall be typical of, but not limited to, the following: 400Y/230 V, three-phase, four wire, grounded, 50 Hz. AVR shall produce rated output voltage when input voltage is varied plus 10 or minus 25 percent or greater.

2. Surge Protection: Protect AVR with surge suppressors rated for expected transients based on local conditions.

3. Input Current Distortion: AVR shall not produce negative effects on overall power system due to harmonic effects.

4. Output Voltage:

a. Corrected voltage shall not exceed maximum of +/- 3 percent of nominal voltage.

b. AVR shall respond to any line voltage variation in less than 5.0 cycles maximum while operating under any line or load condition and with any power factor.

5. Efficiency: Minimum efficiency of 97 percent.

6. Overload/Overcurrent: Units shall be capable of sustaining overload/overcurrent without damage.

C. Product Selection for Restricted Space: Drawings indicate maximum dimension for automatic voltage regulator, including clearances. Select product to conform to indicated minimum clearance dimension.

D. Environmental Limitations: Rate equipment for continuous operation under the following conditions, unless otherwise indicated:

1. The ratings for AVR and enclosures shall conform to local site ambient environment conditions. AVR shall operate satisfactorily from no load to rated full load. Provide all necessary heating, cooling, ventilation, air conditioning and thermostat systems necessary to facilitate operation of AVR.

2. Conditions:

a. Ambient Temperature: 10 deg C to 50 deg C.

b. Altitude: 298 m (978 feet) above sea level.

c. Relative humidity: Up to 100 percent non-condensing

2.2 SUBMITTALS

A. Product Data - General: For each type of product indicated. Include rated capacities, operating weights, operating characteristics, furnished specialties, and accessories.

B. Product Certificates:

1. For surge protective devices, signed by product manufacturer certifying compliance with the following standards:

a. UL 1283.

b. UL 1449.

2. For AVRs:

a. Document that AVRs are designed for connection to non-linear loads typically encountered in commercial and residential buildings.

C. Power Quality Analysis: Submit paper and software copies of PS4000 data and detailed analysis, by licensed Professional Electrical Engineer, of power quality during installation.

D. Calculations to determine if installation of individual cooling fans are required above each phase for enclosures in relation to environmental conditions identified in Article on Performance Requirements.

E. Qualification Data:

1. For testing agency.

2. For professional engineer for power quality analysis.

3. Manufacturer.

4. Certification of experience identified in Quality Assurance article:

a. Certification shall state that manufacturer is experienced in manufacturing and testing AVRs of equivalent kVA rating. Experience in manufacturing motor generator portable engine-driven generator sets does not qualify as equivalent.

b. Document experience with AVRs in various environmental conditions including exterior green space, warehouse, and environmentally enclosed spaces within buildings.

F. Manufacturer Seismic Qualification Certification: Submit certification that voltage regulator, accessories, and components will withstand seismic forces defined in Division 26 Section "Vibration and Seismic Controls for Electrical Systems" when anchored to concrete base. Include the following:

1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation:

a. Term "withstand" means "unit will remain in place without separation of any parts from device when subjected to seismic forces specified and unit will be fully operational after seismic event."

2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions.

3. Detailed description of equipment anchorage devices on which certification is based and their installation requirements.

G. Field quality-control test reports, including the following:

1. Test procedures used.

2. Test results that comply with requirements.

3. Include voltage monitoring and adjusting.

4. Failed test results and corrective action taken to achieve requirements.

H. Operation and Maintenance Data:

1. Submit voltage regulator operation and maintenance manuals.

2. Include the following information on voltage regulator:

a. “One-line diagram” from service entrance to low voltage utilization panel or point.

b. Weatherproof, tear-resistant plastic data sheet with operating instructions for each unit including startup and shutdown procedures.

c. Routine and field acceptance test reports.

3. Preliminary Operation and Maintenance Manuals: Prior to scheduling Field Performance Tests, submit two copies of Preliminary Operation and Maintenance Manuals as well as two complete sets of drawings and schematics, and obtain acceptance by Project Director/COR.

4. Spare Parts List: Furnish recommended manufacturer’s spare parts list and schedule of prices for each type of AVR and other equipment specified in this section. This list shall include the following:

a. Power semi-conductors.

b. Power filter capacitors.

c. Logic cards and boards.

d. Output switching modules.

e. Fuses.

f. Indicator lamp/LED.

g. Ventilation system filters.

2.3 QUALITY ASSURANCE

A. Comply with the OBO Electrical Code (NFPA 70, “National Electrical Code” as amended by OBO) and will be found here: http://designstandards.obo.state.gov/ :

1. Listing and Labeling: Provide voltage regulators specified in this Section that are listed and labeled:

a. Terms "Listed" and "Labeled": As defined in Article 100 of NFPA 70.

b. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Laboratory" as defined in OSHA Regulation 1910.7, and acceptable to Project Director/COR based upon input from OBO/PDCS/DE/EE.

B. Manufacturer Qualifications: Minimum of five years experience in design, manufacturing, and testing of low-voltage automatic voltage regulators at the equivalent kVa and voltage ratings for direct connection to 50 Hz electrical systems based on local utility voltage:

1. The manufacturer shall be experienced in producing units for installation in permanent buildings in environmentally closed spaces and in weatherproof enclosures.

C. Comply with IEEE C2.

D. Comply with FCC Regulations: Part 15, Subpart J, "Emission Limits for Class A Devices." - RESERVED E. Comply with ANSI Standard C57.15.

2.4 DELIVERY, STORAGE, AND HANDLING

A. Shipping: Ship low voltage enclosure completely factory assembled with lifting provisions. Mount unit on steel channel skid with lifting provisions.

B. Temporary Heating: Apply temporary heat according to manufacturer's written instructions within enclosure of each ventilated-type unit throughout periods during which equipment is not energized and is not in a space that is continuously under normal control of temperature and humidity.

PART 3 - PRODUCTS

3.1 PRODUCTS

A. Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following:

1. Omniverter (Active Voltage Conditioner).

2. ABB; PCS100 AVC (Active Voltage Conditioner).

3. Eaton – Culter Hammer; SRT2 (Sage Ride Through Voltage Conditioner).

4. Utility Systems Technologies, Inc.; Sure-Volt Power Conditioner (Voltage Regulator).

5. Watford Control Instruments, Ltd.; EM-EMS (Electronic Servo AC Voltages Stabilizers).

3.2 LOW-VOLTAGE AUTOMATIC VOLTAGE REGULATORS

A. Provide voltage regulator consisting of modular construction components to accomplish low voltage regulation, with input/output devices and ancillary control devices.

B. Monitoring and Control Panel: Provide AVR with control panel equipped with the following controls, indicators, instrumentation, data logging, diagnostics, and alarm functions:

1. Controls:

a. Lamp/ Light Emitting Diode (LED) Test: Push-to-test button or switch to test indicator lamps/LEDs.

b. Alarm Silence: Switch that shall disable audible alarm.

c. Alarm Reset: Pushbutton to silence audible alarms.

d. Output voltage adjustment.

2. Indicators:

a. Input Power Available: Lamp/LED shall indicate that supply voltage is available.

b. Output Power On/Off: Lamp/LED shall indicate that AVR output voltage is available.

c. System Alarm: Lamp/LED shall indicate that problem has been detected.

d. Audible Alarm.

e. Remote Alarm: AVR shall have remote alarm in area manned 24-hours.

3. Instrumentation: Unit shall have true rms metering. Meter shall display all output phase-to-neutral voltages, all output phase-to-phase voltages, and all output per phase current. Meter shall display all output KW, kVA, and power factor.

4. Alarm Annunciator: Unit shall be capable of detecting the following abnormal condition, sounding audible alarm, and illuminating individual indicator lamp/LEDs that are clearly identified:

a. Output overload.

b. System alarm.

c. Overtemperature.

C. Circuit Breakers: Conform to requirements of UL 489. Units operating at 50 Hz shall be rated for 50 Hz operation, and units operating at 60 Hz shall be rated for 60 Hz operation:

1. Input Circuit Breaker: UL listed input circuit breaker with appropriate frame size. Circuit breakers shall have short-circuit current rating suitable for local system conditions.

2. Output Circuit Breaker: UL listed output circuit breaker with appropriate frame. Circuit breaker shall have short-circuit current rating suitable for local system conditions:

a. Output circuit breakers shall be mechanically interlocked with AVR external bypass circuit breaker. Interlock scheme shall not require AVR de-energizing to actuate external bypass.

3. Bypass Circuit:

a. External Bypass: External automatic bypass that actuates automatically on opening of AVR circuit breaker. External bypass circuit breaker shall be mechanically interlocked with AVR output circuit breaker. Interlock scheme shall not require AVR de-energizing to actuate external bypass.

4. Conform to analysis from Division 26 “Overcurrent Protective Device Coordination Study.”

D. Auto Restart: After total input power outage, unit shall automatically restart and re-energize loads upon restoration of normal power.

3.3 CONTROLS

A. Provide control panel and circuitry. Connect to clearly and permanently labeled terminal blocks located inside AVR’s enclosure. Provide circuitry such that indicator lamp/LED information and can be extended from terminals to remote location in future:

1. Indicator lamp/LED showing that unit status (energized or not energized).

2. Indicator lamp/LED showing external bypass status (On or Off).

3. System alarm.

3.4 FIELD QUALITY CONTROL

A. Manufacturer's Representative: Engage factory-authorized service representative to inspect field assembly and connection of components, and to start up and commission unit.

B. Performance of Acceptance Checks and Tests:

1. Test Objective: To ensure voltage regulators and associated equipment are operational within specified tolerances, comply with Contract Documents, and are suitable for energizing.

2. Test Labeling: Upon satisfactory completion of tests for each unit, attach dated and signed "Satisfactory Test" label to tested component.

3. Schedule tests and provide notification to Project Director/COR at least seven days in advance of test commencement.

C. Checks and Tests: Perform those listed below and those recommended in manufacturer's written instructions. For transformer components of voltage regulators, perform tests according to manufacturer's written instructions and IEEE C57.12.91:

1. Inspect accessible components for cleanliness, mechanical and electrical integrity, damage, and deterioration. Verify that temporary shipping bracing has been removed:

a. Include internal inspection through access panels and covers.

b. Inspect bolted electrical connections for tightness according to manufacturer's published torque values or, if not available, those of UL 486A.

2. Perform functional tests of voltage regulators throughout their operating ranges. Check voltage tolerance, correction speed, and harmonic content of output. Test each monitoring and alarm function.

3. Test Failures: Correct deficiencies identified by tests and retest. Verify that equipment complies with specified requirements.

D. Initial Inspection and Tests:

1. Compare equipment nameplate information with specifications and approved shop drawings.

2. Inspect physical and mechanical condition.

3. Inspect all bolted electrical connections for high resistance using low-resistance ohmmeter, verifying tightness of accessible bolted electrical connections by calibrating torque-wrench method, or performing thermographic survey.

4. Perform specific inspections and mechanical tests as recommended by manufacturer.

5. Verify correct equipment grounding.

6. Perform resistance measurements through all bolted connections with low-resistance ohmmeter, if applicable.

7. Verify proper secondary phase-to-phase and phase-to-neutral voltage after energizing and prior to connection to loads.

E. Voltage Monitoring and Adjusting: Perform the following voltage monitoring after Substantial Completion, but not more than six months after Final Acceptance of the Voltage Regulator:

1. During period of normal load cycles as evaluated by Project Director/COR, perform thirty days of three-phase voltage recording.

2. If tests results are unacceptable, perform corrective actions as appropriate.

3. After correction actions have been performed, repeat monitoring until satisfactory results have been obtained.

4. Prepare written report covering monitoring and corrective actions performed.

F. Power Quality: During installation of electrical service equipment, monitor and record power quality using PowerSight PS4000 at location to determine necessity, for a minimum of 30 days.

II.

Delivery Location and Time A. The Contractor shall deliver all ordered items door-to-door to the U.S. Embassy NDjamena, Chad. The address is:

US Embassy Ndjamena, Chad

Phone: +235 2251 5017; Fax: +235 2253 9102

E-Mail: Ndjamena Requests - Procurement NdjamenaRequests-Procurement@state.gov B.

The Contractor shall deliver all items not later than Six (6) months after date of contract award.

FQUALITY 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 Para
Performance Threshold

Services.

Performs all furnish and delivery goods set forth in the scope of work.

1. thru 7
All required services are performed and no more than one (1) customer complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), is incorporated by reference. (See SF-1449, block 27a).

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUL 2018)

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

_x__ (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).

___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_x_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (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).

_x__ (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).

_x__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (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 (Nov 2011) (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).

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_x__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

___ (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).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_x__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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).

___ (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 Television (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.

_x__ (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. 13696).

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

___ (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.

__x_ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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).

__x_ (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)).

__x_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (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)(12)).

___ (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.

(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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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) (E.O. 13658).

___ (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).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xix) 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).

(xx) 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.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

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://acquisition.gov/far/index.html 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.tpl 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:

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 2016)

52.225-14 Inconsistency Between English Version and

Translation of Contract (FEB 2000) 52.228-5 Insurance - Work on a Government Installation

(JAN 1997)

52.229-6 foreign fixed price contracts (feb 2013)

52.232-39 unenforceability of unauthorized obligations

(june 2013)

52.232-40

PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

652.232-70

PAYMENT SCHEDULE AND INVOICE SUBMISSION

(FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. The Contractor shall submit invoices in an original and 2 copies to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

US Embassy N'Djamena

Attn: Financial Management Office (FMO)

Chagoua Round Point – N’Djamena, Tchad

Tel: +235 2251-5017

Email: NdjamenaDBO@state.gov

(c) Contractor Remittance Address. The Government will make payment to the Contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

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: Facility Maintenance Manager 652.225-71

SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979,

as amended (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

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

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

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

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

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

(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:

(1) Complying or agreeing to comply with requirements:

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

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of…

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