19GE5019R0027.pdf

SOLICITATION

DOCUMENT

Fleet Vehicle Insurance US Consulate General Frankfurt, Germany

Solicitation No. 19GE50-19-R-0027

US Consulate General Regional Procurement Support Office Frankfurt [RPSOFR] Giessenerstrasse 30 60435 Frankfurt am Main, Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5019R0027

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/30/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

David D. Machen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL machendd@state.gov

8. OFFER DUE DATE / LOCAL

TIME

06/04/2019 15:00:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 524210

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

FRANKCODE15. DELIVER TO

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: GSO MOTORPOOL

FRANKFURT, 60435

GERMANY

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR BERLICODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

AMERICAN EMBASSY, CLAYALLEE 170

FINANCIAL MANAGEMENT CENTER, ATTN. DBO

Berlin, 14191

GERMANY

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ 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.

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 THE CONTRACTING OFFICER (TYPE OR PRINT)

Fabiola A. Bellevue 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19GE5019R0027

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

2 Contract Clauses 52.203-3 Gratuities (Apr 1984) 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

3 Solicitation Provisions 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

52.204-7 System for Award Management (Oct 2018) 52.212-1 Addendum Instructions to Offerors

4 Evaluation Factors 52.212-2 Addendum EVALUATION - COMMERCIAL ITEMS 52.217-5 Evaluation of Options (July 1990) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

5 Representations and Certifications 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

001 LIABILITY INSURANCE

CLIN 001AA THRU 001RA

BASE YEAR

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2019 to 07/31/2020

101 LIABILITY INSURANCE

CLIN 101AA THRU 101RA

FIRST OPTION YEAR

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2020 to 07/31/2021

201 LIABILITY INSURANCE

CLIN 201AA THRU 201RA

SECOND OPTION YEAR

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2021 to 07/31/2022

301 LIABILITY INSURANCE

CLIN 301AA THRU 301RA

THIRD OPTION YEAR

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2022 to 07/31/2023

401 LIABILITY INSURANCE

CLIN 401AA THRU 401RA

FOURTH OPTION YEAR

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2023 to 07/31/2024

I. THE SCHEDULE

1. VEHICLE INSURANCE SERVICES

The Contractor shall provide fleet insurance coverage and management of the related services for all U.S. Gov-ernment owned official vehicles of the American Embassy in Berlin and the constituent posts of the U.S. Mis-sion in Germany including Düsseldorf, Frankfurt am Main, Hamburg, Leipzig and Munich.

2. TYPE OF CONTRACT

This is a fixed price, indefinite delivery, indefinite quantity, with economic price adjustment type contract, pay-able entirely in the currency indicated in Section 3, Prices/Premiums, and within the delivery order that will be issued under the contract. No additional sums will be payable on account of any escalation in the cost of labor, or because of the Contractor’s failure to properly estimate or accurately predict the prices/ premiums or diffi-culty of achieving the results required by this contract. Nor will the contract prices be adjusted on account of fluctuations in the currency exchange rates.

3. PRICES / PREMIUMS

The Contractor’s premiums for insurance shall include all costs including personnel, administration, manage-ment, labor, transportation, overhead and profit. All premiums shall be quoted in the Euro (EUR) currency in

19GE5019R0027

Line Item Summary

Solicitation Number:

19GE5019R0027

Contract Number: Title: GER - Fleet Vehicle Insurance Date of Solicitation:

04/30/2019

Line Item No. Description Quantity Unit Unit Price Total Cost accordance with Attachment 1 - Price Schedule.

4. PRICE SCHEDULE - VEHICLE INSURANCE SERVICES

The offerors shall insert firm fixed unit prices (premiums) for each line item number listed in Attachment 1 - Price Schedule, for the different types of insurance coverage that may be exercised during the following per-formance periods under this contract:

Base Year (Line Item 0001): August 1, 2019 through July 31, 2020

First Option Year (Line Item 1001 ): August 1, 2020 through July 31, 2021

Second Option Year (Line Item 2001): August 1, 2021 through July 31, 2022

Third Option Year (Line Item 3001): August 1, 2022 through July 31, 2023

Fourth Option Year (Line Item4001): August 1, 2023 through July 31, 2024

5. CLASSIFICATION OF PREMIUM RATES

The insurance shall cover the geographic Europe and all states of the European Union (to include the United Kingdom). No insurance coverage is required in the following countries: Albania, Azerbaijan, Bosnia- Herzegovina, Georgia, Kazakhstan, Kosovo, Macedonia, Moldova, Montenegro, Russia, Serbia, Turkey, Ukraine and Belarus (Weißrussland). Should the proposed insurance policy include coverage in any of the be-fore mentioned countries, the offeror shall clearly identify them in its proposal.

5.1 Liability Insurance for Passenger Vehicles (PKW): The premium rates shall be based on the differ-ent engine sizes/power of passenger vehicles in KW, as listed in Attachment 1 - Price Schedule.

5.2 Liability Insurance for Trucks and Utility Vehicles (LKW): The premium rates shall be based on the different engine sizes/power of trucks and utility vehicles in KW, as listed in Attachment 1 - Price Schedule.

5.3 Liability Insurance for Agricultural Tractors (Landwirtschaftliche Zugmaschinen): The premium rates shall be based on the different engine sizes/power of agricultural tractors in KW, as listed in Attachment 1

- Price Schedule.

5.4 Liability Insurance for Truck-Tractors (Zugmaschinen): The premium rates shall be based on the different engine sizes/power of truck-tractors in KW, as listed in Attachment 1 - Price Schedule.

5.5 Liability Insurance for Buses (Busse): The premium rates shall be based on the different engine sizes/ power of buses in KW, as listed in Attachment 1 - Price Schedule.

5.6 Liability Insurance for Self-drive Working Machines (Selbstfahrende Arbeitsmaschinen): The premium rates shall be based on the different engine sizes/power of self-drive working machines in KW, as lis-ted in Attachment 1 - Price Schedule.

5.7 Liability Insurance for Truck Lifts (Hebebühnen): The premium rates shall be based on the different payloads of truck lifts in tons, as listed in Attachment 1 - Price Schedule.

5.8 Liability Insurance for Trailers (Anhänger): The premium rates shall be based on the different pay-loads of trailers in tons, as listed in Attachment 1 - Price Schedule.

5.9 Liability Insurance for Vespa Utility Vehicles (Rollers): The premium rates shall be based on the dif-ferent payloads of trailers in tons, as listed in Attachment 1 - Price Schedule.

5.10 Liability Insurance for Red License Plates (Rote Kennzeichen).

5.11 Liability Insurance for Passenger Vehicle Short-term Plates (PKV Kurzzeitkennzeichen).

5.12 Liability Insurance for Vehicles Operating on a German Airports (Versicherungsschutz auf Flughafengelaende).

5.13 Roadside Assistance Insurance.

6. PARTIAL AND ANNUAL PREMIUMS

6.1 Method of Payment. Payments shall be made on an annual basis. The invoice shall be submitted at the beginning of the service period (einmalige Abrechnung zu Vertragsbeginn/Zulassungsdatum).

6.2 Premiums for Vehicles Added or Removed During Period of Performance: Premiums for vehicles added or removed shall be computed on a monthly basis. Monthly premiums shall be computed by dividing the annual premiums by 12 months.

(a) Vehicles and Type of Insurance Coverage Added: Premiums for vehicles added or for which the type of coverage is increased under this contract shall commence on the day of registration.

(b) Vehicles and Type of Insurance Coverage Removed: Premiums for vehicles removed from coverage or for which the type of coverage is deleted from this contract shall be paid until the day of de-registration of the vehicles.

7. PRICE ADJUSTMENT

7.1 The Contractor shall make an economic price adjustment to the annual insurance premiums on an annual basis. This price adjustment will be affected through the Government exercising each Option Year period. The price adjustment shall be based on the recognized industry standard actuarial and underwriting rules for Ger-many. The recalculation of the premium shall be based on past claims and cost development, as well as the risk of future claims and cost development for the new option year period. The statistical findings of the Associ-ation of German Insurers (Gesamtverband der Deutschen Versicherungwirtschaft e.V.) can be included in the recalculation.

7.2 If the recalculation reveals claims and cost requirements that are lower than those calculated in the pre-vious year, the contractor shall reduce the premiums accordingly. If the recalculation reveals claims and cost requirements that are higher than those calculated in the past, the contractor has the right to increase the premi-ums accordingly.

7.3 Any price adjustments shall be effective on the first day of each Option Year performance period.

7.4 Any request for price adjustment shall be certified by the signature of an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

7.5 No adjustment shall be made to the contract unit prices that relate to any overhead, fixed costs, profit or fee for the Contractor. Only the amount charged to direct cost shall be considered by the U.S. Government as basis for change of the contract unit prices.

7.6 No request by the Contractor for a price adjustment shall be allowed, if asserted after the final payment under this contract.

8. INSURANCE CLAIMS

The insurance premium rates listed in Attachment 1 - Price Schedule, shall not be increased in the event of the submittal of an accident or similar claim. The insurance premium rates shall remain unchanged throughout the entire one-year performance period of the contract, regardless of the number-of accidents or similar claims made against the policy.

9. ESTIMATED QUANTITIES

The following lists state the guaranteed minimum and estimated maximum quantities for each vehicle category of the vehicles fleet of the U.S. Mission in Germany for which the Contractor may be required to provide differ-ent types of insurance coverage during the contract performance period (also see Section 34, FAR 52.216-22 Indefinite Quantity (OCT 1995), of the solicitation):

9.1 Estimated Quantities for Base Year

Type of Vehicle Estimated Minimum Quantity Estimated Maximum Quantity

Passenger Vehicles 40 per year 400 per year

Trucks & Utility Vehicles 8 per year 200 per year

Agricultural Tractors 0 per year 15 per year

Truck-Tractors 5 per year 40 per year

Buses 0 per year 5 per year

Self-drive Working Machines 0 per year 10 per year

Truck Lifts & Trailers 2 per year 30 per year

9.2 Estimated Quantities for Options Years 1 through 4

Type of Vehicle Estimated Maximum Quantity

Passenger Vehicles 400 per year

Trucks & Utility Vehicles 200 per year

Agricultural Tractors 15 per year Truck-Tractors 40 per year Buses 5 per year

Selfdrive Working Machines 10 per year Truck Lifts & Trailers 30 per year

9.3. CONTRACT MINIMUM AND CEILING . During the period of the contract, the Government will order, as a minimum, services in an amount of at least 10,000 Euro. The ceiling amount is $500,000.

10. DEFINITIONS OF ENGINE SIZES AND PAYLOADS

10.1 Engine Sizes

The engine sizes of the passenger vehicles, trucks and utility vehicles, agricultural tractors, truck-tractors and buses are defined in Kilowatt (KW).

10.2 Payloads

The following payload categories shall be applied to the liability insurance for trailers and truck-lifts:

1 to 2 tons; 3 tons; 5 tons; 10 tons; 15 tons; 20 tons; and over 20 tons.

Section 1- Solicitation/Contract Form

II. Performance Work Statement

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

11.1 GENERAL

The U.S. Government requires fleet insurance coverage for all official vehicles of the American Em-bassy in Berlin and the constituent posts of the U.S. Mission in Germany. The specific requirements for the in-surance coverage are set forth in Sub-Section 11.3, Work Statement, and Attachment 1 - Price Schedule, of the solicitation.

11.2 SCOPE OF WORK

The Contractor shall provide all necessary planning, programming, administration and management ne-cessary to assure that all services are rendered in accordance with the contract and all applicable laws, regula-tions, codes or directives including the maintenance of accurate and complete records, files and regulations which are necessary to the services being performed. The Contractor shall ensure that all services, at a minim-um, meet the commercial standards for quality.

11.3 WORK STATEMENT

11.3.1 Definitions of Types of Insurance

Following are the definitions of the three different types of insurance to be used under this contract:

a) Liability Insurance: It pays for property damages and bodily injuries caused by a U.S. Government vehicle to the adverse party.

b) Roadside Assistance Insurance (Schutzbrief): Breakdown assistance for all official vehicles within Germany with no minimum distance requirement from Consulate/Embassy. Coverage shall only be required when the vehicle is enroute, and is not required at the vehicles normal parking location (i.e. U.S. Consulate/Em-bassy motorpool). Breakdown shall mean that the vehicle is not operational due to an accident or a technical problem and can be made operable again. Coverage shall include repair costs up to 200€.

Towing shall be included in the coverage from the point of breakdown to the vehicles point of origin (i.e. U.S.

Consulate/Embassy motorpool) or an authorized workshop, as determined to be the most economical in consu-lation with the COR. The policy shall pay for the recovery costs in full including the arrival and departure of the recovery vehicle, as well as towing of the official vehicle to the nearest authorized workshop or company headquarters.

11.3.2 Different Types of Insurance Coverage

The services shall consist of the following different types of insurance coverage for all vehicles, trailers and lifts registered in the names of the American Embassy in Berlin and the constituent posts of the U.S.

Mission in Germany:

11.3.2.1 Liability Insurance (Haftpflichtversicherung)

The liability insurance for all categories of vehicles shall have an overall maximum coverage of EUR 100,000,000.00 and a maximum coverage of EUR 12,000,000.00 per injured person. There shall be no minimum amount for liability insurance coverage for property damage and bodily injury.

11.3.2.1.1 The Contractor shall provide liability insurance for Passenger Vehicles (PKW), based on their engine sizes, for the following terms during the base year and four option years, as listed in Attachment 1 - Price Schedule:

11.3.2.1.2 The Contractor shall provide liability insurance for Trucks & Utility Vehicles (LKW), based on their engine sizes, for the following terms during the base year and four option years, as listed in Attachment - 1 Price Schedule:

11.3.2.1.3 The Contractor shall provide liability insurance for Agricultural Tractors (Landwirtschaftliche Zugmaschinen), based on their engine sizes, per year, during the base year and four op-tion years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.4 The Contractor shall provide liability insurance for Truck-Tractors (Zugmaschinen), based on their engine sizes, per year, during the base year and four option years, as listed in Attachment 1 - Price Sched-ule.

11.3.2.1.5 The Contractor shall provide liability insurance for Buses (Busse), based on their engine sizes, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.6 The Contractor shall provide liability insurance for Selfdrive Working Machines (Selbstfahrende Arbeitsmaschinen), based on their engine sizes, per year, during the base year and four op-tion years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.7 The Contractor shall provide liability insurance for Truck Lifts (Hebebühnen), based on their payloads, for the following terms during the base year and four option years, as listed in Attachment 1 - Price Schedule:

11.3.2.1.8 The Contractor shall provide liability insurance for Trailers (Anhänger), based on their payloads, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.9 The Contractor shall provide liability insurance for Vespa Utility Vehicles (Rollers), based on their payloads, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.10 The Contractor shall provide liability insurance for Red License Plates (Rote Kennzeichen) per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.11 The Contractor shall provide liability insurance for Passenger Vehicle Short-Term Plates (PKV Kurzzeitkennzeichen) for a 5-day period as specified per the task order, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.12 The Contractor shall provide liability insurance for Vehicles Operating on German Airports (Versicherungsschutz auf Flughafengelaende), per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.3.2.1.13 The Contractor shall provide insurance for Roadside Assistance Insurance (Schutzbrief), per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

11.4 CHANGES IN VEHICLES REQUIRING COVERAGE OR CHANGES IN TYPES OR AMOUNTS OF

COVERAGE REQUIRED

11.4.1 Notification to Contractor

The Contracting Officer will notify the Contractor in writing (e-mail), each time there is a change in the vehicles covered under the contract through delivery orders or a change in the type(s) of insurance coverage for any vehicles. The Contracting Officer shall normally modify the applicable delivery order(s) unilaterally within fifteen (15) calendar days of the notification. Only the Contracting Officer is authorized to add or re-move, a vehicle(s) from the coverage or modify the type of insurance coverage for a vehicle(s), in a delivery or-der issued against the contract. The Contractor may not add or remove vehicles or revise the type of insurance coverage for any vehicles, under a delivery order issued against the contract, without the written authorization of the Contracting Officer.

11.4.2 Modification of Delivery Orders

The modification of a delivery order(s) shall include, as minimum, the following information:

a) Vehicles added, removed and/or vehicles for which the type of insurance coverage is changed;

b) Effective date of coverage;

c) Type of insurance coverage to be provided by the Contractor and the premiums.

11.4.3 Addition or Removal of Vehicles Covered

The Contracting Officer may add or remove vehicles insured through a delivery order placed against this con-tract at any time, during any of the periods of performance.

11.5 REQUIREMENT OF INSURANCE COVERAGE

The vehicles of all offices and agencies will require, at a minimum, the liability insurance coverage as per Ger-man law.

11.6 INSURANCE POLICIES AND CUSTOMER SERVICE CARDS

The Contractor shall provide each insured vehicle with the insurance policy and the Green Card within 15 cal-endar days, at a minimum, or 30 calendar days, at a maximum, after receipt of the delivery order and a copy the registration document(s).

11.7 OTHER REQUIREMENTS

11.7.1 Managerial and Administrative Support

a) The Contractor shall furnish all managerial and administrative support necessary to provide insurance for vehicles under this contract.

b) The Contractor shall provide a representative for the daily administration of the contract. The representat-ive shall maintain regular contact with the Contracting Officer’s Representative (COR) as required. Any docu-ments, such as accident reports, shall be submitted to the Contractor’s office immediately upon occurrence, so that claims can be processed without delay. If the Contractor’s representative is absent, an alternate representat-ive shall serve as a replacement. The alternate representative shall be familiar with the contract and all cases in progress.

11.7.2 Legal Assistance

a) If, and to the extent, authorized in advance by the U.S. Department of State Legal Office and requested by the Contracting Officer, the Contractor shall provide legal services in case of any accidents that are brought into court involving vehicles covered by the Contractor’s policy. This service shall include adjudication and man-agement of every case through final resolution, even if the insurance policy has expired before the time of final resolution. There shall be no additional charge for this service.

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

c) The fact that the U.S. Mission in Germany enjoys diplomatic immunity shall not in itself be a sufficient reason for refusing to settle any insurance case.

d) The Contractor understands that the publicity caused by an undue delay may embarrass the U.S. Govern-ment. The Contractor must agree to take proper and discreet action to settle each accident on its merits.

11.8 REPORTS

11.8.1 Quarterly: The Contractor shall submit to the COR an individual status report for every vehicle in-volved in an accident, whether the case is pending or resolved. The status report shall, as minimum, contain the information set forth in Attachment 2 - Contractor Status Reports. Each report shall cover the information for the previous month.

11.8.2 Semi-Annual: The Contractor shall submit to the COR a status report of all resolved cases explaining the circumstances and liability of the parties. This report shall cover the preceding six months.

11.8.3 List of Vehicles Covered: The Contractor shall provide to the Contracting Officer and COR, upon re-quest, an updated list of all vehicles covered by delivery orders under this contract. The list shall include, as a minimum, the following information for each vehicle:

a) License plate number, brief description including make and model and serial number of the vehicle;

b) Identification of the office to which the vehicle belongs;

c) Type(s) of insurance coverage and premium for each type of coverage.

12. CONTRACTOR’S INSURANCE POLICY

The Contractor’s original insurance policy shall be in the German language, if the Contractor operates in Ger-many. The Contractor shall include, in its proposal, an English translation of the insurance policy at no addi-tional cost to the U.S. Government.

13. ATTACHMENTS

The following documents are attached and made parts of this solicitation:

Attachment No. Description of Attachment

Attachment 1: Price Schedule -- Base year

Attachment 2: Contractor Status Reports

Attachment 3: Contractor’s Insurance Policy(ies) for all types of insurance coverage required under this contract – to be made a part(s) of the contract.

14. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective Contractor performance.

The QASP provides a method for the COR to monitor Contractor performance, advise the Contractor of unsatis-factory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Con-tractor, not the Government, shall be responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that the contract standards are achieved. The QASP may be prepared in the following format:

Performance Objective Work Statement Performance Threshold

Services Performs all vehicle insurance ser-vices set forth in the work statement.

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

14.1 Surveillance

The COR shall receive and document all complaints from the Government personnel regarding the ser-vices provided. If appropriate, the COR shall send the complaints to the Contractor for corrective action.

14.2 Standard

The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints, so that the Contracting Officer may take appropriate action in accordance with the terms of this contract.

14.3 Procedures

a) If any Government personnel observe unacceptable services, either incomplete or the required services not being performed by the Contractor, they shall immediately contact the COR.

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

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

d) If the COR determines that a complaint is valid, the COR shall inform the Contractor and allow the Con-tractor additional time to remedy the complaint, if additional time is available. The COR shall determine how much time is reasonable.

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

f) If the Contractor disagrees with the complaint and challenges its validity, the Contractor shall notify the COR, who shall review the matter to determine the validity of the complaint.

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

h) The repeat of customer complaints shall not be permitted for any services. Should a repeated customer complaint be received for the same deficiency during the service period, the COR shall contact the Contracting Officer for appropriate action under the Inspection Clause.

15. DELIVERABLES

The Contractor shall deliver the following items under this contract:

Description Quantity Delivery Date Deliver to

Sub-Section 11.8.3, 1 upon request COR List of Vehicles Covered

Sub-Section 11.8.1, 1 5th of each month COR Quarterly Report Feb, May, Aug, Nov

Sub-Section 11.8.2, 1 5th of 7th month COR Semi-Annual Report Feb and Aug

16. DELIVERABLE ADDRESSES

Reports to Contracting Officer’s Representative The mailing and e-mail addresses of the COR for submission of any documents, including the reports required under Sub-Sections 11.8.2 and 11.8.3, will be provided to the Contractor after award of the contract resulting from this solicitation.

17. SUBMISSION OF INVOICES

The instructions for submission of invoices will be provided in each delivery order that may be issued against this contract. Each invoice shall contain the appropriate IBAN to which electronic payments should be paid to.

18. CREDITS AND REFUNDS

In the event that premiums have previously been paid for a vehicle subsequently removed from coverage or for a vehicle on which the cost of coverage has been subsequently reduced, all or a part of any resulting overpay-ment shall, in the sole discretion of the Contracting Officer, be:

a) Applied as a credit against additional payments owed to the Contractor for the same agency under the ap-plicable contract, or;

b) Refunded by the Contractor to the U.S. Government by electronic funds transfer (EFT) to:

Bank: Commerzbank AG Account Name: USDO Symbol 8769

IBAN: DE03 1004 0000 0262 6422 00

BIC: COBADEFFXX

IMPORTANT NOTE: The Contractor shall indicate, in the EFT voucher, the vehicle license plate number as reference.

19. PERMITS

Without any costs to the U.S. Government, the Contractor shall obtain all permits, licenses, and appointments required for prosecution of the services under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with the applicable host country laws. The application, justification, fees, and certifications for any licenses required by the host government shall be entirely the Contractor’s responsibility.

20. CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdic-tion of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

Section 1- Solicitation/Contract Form

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 and posi-tion 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, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is [insert job title of COR] .

(End of clause)

Section 2- Contract Clauses

Clause Title

52.203-3 Gratuities (Apr 1984)

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) [Reserved].

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions 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; 41 U.S.C. 4712 and 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.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir-ing the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract 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 Divi-sion E, Title VII, of the Consolidated and Further…