Attachment_7_Local_Clauses_and_Special_Contract_Requirements.docx

19FS1A18Q5000

FSI/SAIT Data Literacy, Analysis & Visualization Workshops Attachment 7: Local Clauses and Special Contract Requirements

In addition to clauses under the FAR and DOSAR, the following local clauses including Special Contract requirements are incorporated into this solicitation and any resultant awards.

Section G:

1. FSI 1: FSI INVOICING INSTRUCTIONS AND NON-PAYMENT FOR UNAUTHORIZED WORK

Non-Payment for Unauthorized Work The Government shall not be obligated to pay the Contractor any amount in excess of the total contract funded amount.

The contractor shall not perform work outside the period of performance unless a modification is issued by a Contracting Officer.

An unauthorized commitment is an agreement/change in the level or quantity of services being provided, that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement/change on behalf of the Federal Government.

No payments will be made for unauthorized services or for any unauthorized changes to the work specified in Section B Supplies or Services and Prices/Costs or Section C Descriptions/Specifications/Statement of Work (if applicable). This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

Personnel without procurement authority who order supplies or services, who attempt to change the terms and conditions of an existing contract, or who commit the Government to pay the contractor for anything received, may be referred for disciplinary action and may also be liable for payment.

FSI Invoicing Instructions

Contractor shall submit invoice to one of the following addresses:

FSIPayable@state.gov (Please request a receipt confirmation) Or Department of State Foreign Service Institute Washington, D. C. 20522-4201 ATTN: Office of Budget and Management

The invoice must include the following information:

* Contractor name and address to which payment is to be made;

* DUNS number;

* Contract number in Block 2 (if any);

* Order number in Block 3;

* Requisition/Reference number in Block 4 (if any);

* Ordering office in Block 10;

* Amount owed by FSI;

* Time payment discount, even if 'net';

* Itemized billing;

* Unique vendor invoice number;

* Contact name and telephone number;

* Invoice date;

* Description, price, and quantity of goods/services;

* Date of period of performance (rendered services), delivery and/or shipment of goods.

Failure to submit an invoice with all required information will result in invoice being returned for proper submission. The resubmitted invoice should state the resubmitted date not the original invoice date.

Please cite the contract number, if any (Block 2), the order number (Block 3), and the Requisition/Reference number (Block 4) in all correspondence.

Payment will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the designated office, or (2) the date the services are accepted by the Government.

(end of clause)

2. FSI 4: Contractor Self-Identification

All contractor personnel attending meetings, answering Government telephones, and/or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel or Congress that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize letterhead for any correspondence between the contractor and any other entity depicting or intimating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation. Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

Section H:

1. Standards of Conduct:

The Contractor shall ensure that personnel assigned to this contract observe the highest standards of personal and professional conduct, and that employees performing functions outside the United States observe the requirements of the local law and applicable US mission regulations, including but not limited to instructions or policies governing outside employment, commercial activities, currency exchange, and travel restrictions.

The Contractor is responsible for recruiting and hiring only those personnel who can maintain the standards of conduct required under this contract. Additionally, the Contractor is responsible for maintaining satisfactory standards of employee conduct and integrity and shall be held fully accountable for the conduct of its employees and its subcontractor’s employees.

If the Contracting Officer determines that continued performance under this contract by any Contractor or subcontractor personnel is contrary to the public interest, the Contractor shall remove the employee from all work under this contract. Additionally, the Contractor shall adhere to the prohibition of specific activities including any unauthorized involvement in trafficking of person, unauthorized frequenting locations known to be involved with prostitution or trafficking persons, any involvement with the soliciting of persons for the purpose of engaging in sexual acts and any participation in sexual activity in exchange for any monetary or non-monetary form of consideration as described in FAR 52.222-50.

2. Smoke Free Workplace

(a) The Department of State has been designated a smoke free workplace.

(b) Definitions: “Smoking” means a lighted cigar, cigarette, pipe or other tobacco product. “Smoking areas” means those designated exterior spaces where the smoking of tobacco products is permitted, sufficiently distant from facility entries and exits.

(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Shultz Center complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented, or leased vehicles.

(d) Policy: It is the policy of the Department of State to promote a healthy environment. Accordingly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.

3. Removal From Duty

The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance

The Contractor shall be responsible for maintaining satisfactory standards of con- duct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

4. Parking And Government Facility Entry

All parking and government facility entry requirements will be given to the awarded contractor and updated as Department and Bureau policy is issued. Contractors shall obey all motor traffic regulations, posted speed limit and stop signs, designated drop off locations and parking rules. Contractors shall follow all gate identification and entry requirements.

5. Key Personnel

(1) The Contractor shall assign to this contract the following key personnel:

Data Workshop Instructors

[ENTER LABOR CATEGORIES AND NAMES]

[Names to be inserted by Offeror at time of proposal submission.]

(2) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

(3) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(i) an explanation of the circumstances necessitating the substitution;

(ii) a complete resume of the proposed substitute; and

(iii) any other information requested by the Contracting Officer to enable him or her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(end of clause)

6. Safeguarding of Information

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, e-mail, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.