19GE5021Q0037.pdf

19GE5021Q0037

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5021Q0037

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

DATE

06/15/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wencke Jacobsen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL jacobsenw@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, 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:

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

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

NOTE TO VENDOR

Multi, XX 00000

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BEIRUT

AMINE GEMAYEL ST.

FINANCIAL MANAGEMENT OFFICE

AWKAR, LEBANON

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

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

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

X 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) Jamie M. Fleischhacker

31c. DATE SIGNED 06/15/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS : : CGFS

19GE5021Q0037

Line Item Summary

Solicitation Number:

19GE5021Q0037

Contract Number: Title: LE-BEIRUT INL AUDIO

SYSTEM ADITORIUM

Date of Solicitation:

06/15/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Supply and Installation of I.1 Sound System (Audiovisual for Amphitheater) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

002 Supply and Installation of I.2 Interpretation System for 3 languages (Audiovisual for Amphitheater) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

003 Supply and Installation of I.3 Video System (Audiovisual for Amphitheater) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

004 Supply and Installation of II.1 Sound System (Audiovisual for Conference Room) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

005 Supply and Installation of II.2 Digital IR wireless conference with interpretation system for 3 languages (Audiovisual for Conference Room) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

006 Supply and Installation of III Passive Infrastructure for Amphitheater and Conference Room Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

007 Supply and Installation of IV UPS System for Amphitheater and Conference Room Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

008 VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

009 DBA (Defense Base Act) Insurance) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

Audio and interpretation equipment Page 3 of 57 US Embassy Beirut, INL, Lebanon 19GE5021Q0037

Contents

SECTION I – THE SCHEDULE

1. Background

2. Scope of Work

3. Specifications

4. Place of Delivery

5. Warranty

6. Type of Contract

7. Pricing

7.1 Currency

7.2 Pricing Schedule

8. Submission of Invoices

9. DBA (Defense Base Act) Insurance

10. Vetting before Award

11. Site Visit after award

SECTION II – CONTRACT CLAUSES

52.252-2 Clauses incorporated by reference (Feb 1998)

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

ORDERS – COMMERCIAL ITEMS (JAN 2021)

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or

Consular Mission Outside the United States (May 2020)

DOSAR 652.242-73 Authorization and Performance

DOSAR 652.243-70 Notices

SECTION III – PROVISIONS

52.252-1 Solicitation Provisions incorporated by reference

52.212-1 Instructions to Offerors – Commercial Items (JUN 2020)

Addendum to 52.212-1 Instructions to Offerors

Proposal Due Date

SECTION IV – EVALUATION FACTORS

52.212-2 Evaluation – Commercial Items (Oct 2014)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

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SECTION IV - REPRESENTATIONS AND CERTIFICATIONS

52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES UNDER THE DEFENSE BASE ACT

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SECTION I – THE SCHEDULE

1. Background

As part of the ongoing foreign assistance agreement between the Government of the United States of

America (USG) and the Government of Lebanon (GOL), the Bureau of International Narcotics and Law

Enforcement Affairs (INL) is currently building a five-floor dormitory building of 2748 sq.m. and a six-floor classroom building of 2876 sq.m at the Lebanese Internal Security Forces (ISF) Aramoun training academy in the city of Aramoun.

The project is an element of the EP2 program that is a combination of training, equipping, and construction activities. The goal of the EP2 program is to improve the professionalism of ISF

Gendarmerie units outside the greater Beirut area. INL has invested in and achieved many successes during the last 10 years of programming centered on the professionalization of the Lebanese police. The

EP2 program will expand the presence of a professional police force throughout Lebanon, focused specifically on the Gendarmerie.

The construction phase of the project is scheduled to be completed in September 2021.

INL seeks in this action to supply and install the audio equipment and interpretation equipment for the auditorium and classrooms.

2. Scope of Work

The requested goods are detailed in the below bill of materials including the specifications and quantities for each item.

The goods shall be delivered to site in good conditions and installed according to the project’s design drawings.

The requested period of performance for the imported items is 90 days including ordering, shipment, custom clearance, delivery to site, and installation

The audio system scope includes the supply and installation of audio and interpretation equipment for the auditorium and conference room located at the 3rd and 4th floors of the classroom building, including electrical works, server, and active components according to the below specifications. The interactive panel is excluded.

The contractor shall provide the following services:

• Conference room:

Supply and install a wireless conference discussion system with built-in interpretation function, which provides full setup flexibility, with no cables on the tables.

The sound system includes high power 2-way ceiling speakers for good intelligibility, SD recorder, USB & CD player, clip wireless microphone for presenter, etc.

The visual equipment includes LCD projector with wireless function, motorized screen, HDMI switcher, etc.

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• Auditorium:

Supply and install High end Line Array Speakers hanging from the ceiling for best coverage and multi-use purpose (voice, music), Column Array Speakers on the side walls as minimum needed sound coverage (mainly use for voice). Both systems are complete with wireless microphones, podium microphones, SD recorder, USB & CD player, etc.

Supply and install an interpretation system for 3 languages as requested, digital wireless IR headsets for 60 users. The visual equipment includes high brightness LCD projector, motorized screen, Full digital matrix switcher, etc.

The requested bill of materials is listed in Sub Section 3. Specifications

3. Specifications

Item Description Specifications QTY

I. Audiovisual for Amphitheater

I.1. Sound System

I.1.1.

Professional Stereo

Amplifier

Rated power 2x1100 w

Frequency response 20Hz-20kHz (±5 dB)

S/N ration >108dB

I.1.2.

Digital Signal

Processor

2 inputs, 6 outputs

Crossover, EQ, anti-feedback

I.1.3. Audio Mixer Console

16 channels

High quality preamp with dual FX digital effect processor

2 aux 2 mon A & B main outputs

Master EQ

I.1.4.

Active Line Array

Speaker

Braincore DSP digital technology

1400 W, 136dB SPL

I.1.5.

Active Subwoofer

Speaker

Single 15" with Braincore DSP digital technology

1400 W, 136dB SPL

I.1.6.

Stage Side Monitor

Speaker

500 W

134dB SPL, LF 2X8" + HF 1"

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I.1.7. Monitor Speaker Control room active monitor speaker 2

I.1.8. Front Speaker 2-way full range 200W

LF 2X6" + HF 1"

I.1.9. Controller Digital audio speaker management matrix controller with 8x8 channels

I.1.10. Bracket Ceiling bracket for main arrays with hanging accessories 2 bracket for front and stage speakers 4

I.1.11. Wireless Microphone

Digital dual UHF wireless Microphone with 2 x handheld transmitters

Digital dual UHF wireless microphone with 2 x Beltpack transmitters & Headset

I.1.12. Cardioid Microphone Cardioid dynamic Microphone with switch 2

I.1.13.

Gooseneck

Microphone Podium gooseneck microphone with low cut function 2

I.1.14. Gooseneck Stand Podium gooseneck stand with switch 2

I.1.15.

Antennas and Power distribution Directional Antennas and power distributor 1

I.1.16.

Floor Microphone

Stand Heavy duty floor mic stand with telescopic boom arm 2

I.1.17. Injection box Single channel active direct injection box 2

I.1.18. Snake cable Snake cable, connectors LOT

I.1.19. Floor panel Floor panel with XLR connectors 1

I.1.20. Audio recorder Solid State digital audio recorder to SD, SDHC, or USB storage 1

I.1.21. CD player CD player MP3 with USB & SD reader 1

I.1.22. Accessories Audio cables, connectors lot

I.2. Interpretation system for 3 languages

I.2.1.

Absorption tile for the

3 translation rooms

Thickness: 5 cm

Density: 28-32 kg/m3

NRC: 86% Average

Fire retardant polyester foam material lot

Audio and interpretation equipment Page 8 of 57

I.2.2. IR transmitter 4 Channel digital IR transmitter 1

I.2.3. Radiator High power digital IR radiator 25 w, with wall bracket 2

I.2.4. Interpreter Unit Digital interpreter unit with LCD display, relay function up to 4 channels

I.2.5.

Interpreter headphones Heavy duty interpreter headphones 3

I.2.6. Receiver Digital infrared receiver with superior reception & LCD status display (4 channels)

I.2.7. Headphones Stereo headphones for delegates 60

I.2.8. Rechargeable batteries Rechargeable battery pack for IR receiver 60

I.2.9. Charging unit

IR receiver charging case (up to 60 pcs)

Note: the value can vary depending on the charging case capacity.

I.2.10. Accessories System dedicated cables & connectors Lot

I.3. Video system

I.3.1. Video projector

LCD Data Projector

6200 ANSI lumens

XGA native resolution with full motorized lens function

10000:1 contrast

Shutter system

I.3.2. Fixed short zoom lens Long telescopic lens (ratio 2.23-4.02:1) 1

I.3.3. HDMI matrix Switcher / Matrix with Digital Link technology over Cat6 STP cable, with 2 HDMI, 2 VGA, S-video & Coaxial inputs

I.3.4. Wall Bracket Telescopic ceiling / wall mount bracket for projector, up to

40kg

I.3.5. Projection Screen

High quality Silent Motorized Screen Matt White

Size: (500 x 450cm)

RF remote control

I.3.6. HDMI PoE Extender HDMI twisted pair over Cat6 transmitter & receiver set (up to

70m)

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I.3.7. Accessories HDMI, Cat6 cables & connectors, VGA cables & connectors lot

II. Audiovisual for Conference Room

II.1. Sound System

II.1.1. Power Amplifier 4 channel Class-D digital power amplifier

4x 120 watts, 100 volts

II.1.2.

Digital Signal

Processor

2 inputs, 6 outputs

Crossover, EQ, anti-feedback

II.1.3. Mixer

Rack Mount Stereo mixer with 8 inputs (4 mix XLR inputs)

2 Stereo outputs

Stereo Recorder out

II.1.4. Ceiling Speaker 2-way high quality LF 8 inch

100 volts, 30 watts

II.1.5. Monitor Speaker Control room active monitor speaker 2

II.1.6. Wireless Microphone Digital dual UHF wireless Microphone with 1 x handheld transmitter and 1 x Beltpack transmitters

II.1.7.

Antennas and Power distribution Directional Antennas and power distributor 1

II.1.8. Injection box Single channel active direct injection box 1

II.1.9. audio recorder Solid State digital audio recorder to SD, SDHC, or USB storage 1

II.1.10. CD player CD player MP3 with USB & SD reader 1

II.1.11. Accessories Audio cables, connectors lot

II.2. Digital IR wireless conference with Interpretation system for 3 languages

II.2.1.

Absorption tile for the

3 translation rooms

Thickness: 5 cm

Density: 28-32 kg/m3

NRC: 86% Average

Fire retardant polyester foam material lot

II.2.2. Base unit Digital infrared wireless conference discussion system main unit with interpretation function controller

II.2.3. Delegate Unit Digital infrared wireless delegate unit gooseneck microphone 22

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Built-in dual channel selectors consist of up/down channel select keys and 2-digit channel indicator display allowing one unit to serve two delegates.

Two separate headphone connections with individual volume control

Two separate microphones on/off buttons

Integrated loudspeaker

With separate rechargeable Lithium battery packs

Note: single delegate unit is acceptable by taking into consideration the requested quantities

II.2.4. Chairman unit

Digital infrared wireless chairman unit gooseneck microphone

Integrated loudspeaker

Translation channel selectors up to 4 channels

II.2.5. Interpreter Unit Digital interpreter unit with LCD display, relay function up to

4 channels

II.2.6.

Rechargeable battery pack Lithium Rechargeable battery pack 23

II.2.7. Transceiver Digital infrared transceiver wide angle 6

II.2.8. Charging unit Charging unit for 8 battery pack 3

II.2.9.

Interpreter headphones Heavy duty interpreter headphones 3

II.2.10. Receiver Digital infrared receiver with superior reception & LCD status display (4 channel)

II.2.11.

Headphones for delegates

Stereo headphones for delegate microphones and for

Receivers

II.2.12.

Rechargeable battery pack Rechargeable battery pack for IR receiver 25

II.2.13. Charging case IR receiver charging case ( up to 60 pcs) 1

II.2.14. Accessories System dedicated cables & connectors Lot

III. Passive Infrastructure for Amphitheater and Conference Room

III.1. Rack cabinet Floor mounted 24U

Removable and lockable Sides.

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Ventilation Unit

III.2. Accessories

The Rack-cabinet must be equipped with:

Rack-mounted power strip 16A with 6 sockets.

Covered cable organizer.

Patch panel 24U fully populated

Patch cord

III.3.

Floor Boxes for the conference Room

Should be loaded with all needed outlets, The quantity will be determined after site survey (Audio, at least 2x Power, HDMI, Network)

III.4. Installation and setup The solution should include any Item needed to have a fully functioning system as per the specifications.

IV. UPS System for Amphitheater and Conference Room

IV.1. UPS

Rack mounted ONLINE sine wave UPS, rated 50% more than the rating of the whole system consumption with 15 minutes autonomy minimum

• The equipment shall meet or exceed the minimum specifications listed in this document and shall be manufactured by a United States, European, Australian, or Japanese company (except the items I.1.17, I.1.19, I.1.22, I.2.1, I.2.10, I.3.3, I.3.4, I.3.5, I.3.6, I.3.7, II.1.8, II.1.11, II.2.1, II.2.14, III.1, III.2, III.3 and III.4) but can be manufactured in other countries under the supervision of the genuine company. TAIDEN brand or approved equal are acceptable.

• The offeror shall be responsible of supplying all required accessories for complete installation and operation, in coordination and supervision of INL.

• All needed items, tools, accessories, components, software, or licenses for the optimal system operation shall be submitted, even if the offeror realizes that some of them may have been unintentionally missed or uncovered in this document.

• After contract award, a site survey shall be held in coordination with INL in order to determine all needed requirements to be satisfied completely according to the terms and conditions of this document.

• A one-year warranty shall be provided for the audio system components and all other items mentioned in the SOW, including labor, parts, and support

4. Place of Delivery

The transportation and delivery to site are the vendors’ responsibility. The goods shall be shipped to the following address:

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Ship to: / Consignee:

International Narcotics and Law Enforcement Office – INL

American Embassy

Gemayel Str. Antelias El Metn, Beirut 70840

Lebanon

Tel: +961-4-542600

Notify Party Name and Address:

American Embassy

Mr. Macram Abi Chacra Tel: +961-4-542600 Ext. 4397 / Cell: +961-70-259172

C/O Internal Security Forces of Lebanon

Attn: Colonel Issam Takkoush

Tel: 70-242324

The Government will take care of the custom clearance and fees. However, the vendor must specify for the shipments of all imported items the consignee address and the name and address of the party to be notified as stated above.

Locally purchased items shall be delivered to site and installed within the mentioned period of performance.

The requested period of performance for the imported items is 90 days from order award, including ordering, shipment, custom clearance, delivery to site, and installation.

5. Warranty

The vendor shall provide a one-year warranty.

6. Type of Contract

The Government intends to award a single, firm fixed-price Purchase Order. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required vehicles. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the

Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

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7. Pricing

This is a firm fixed price contract payable entirely in the currency specified under 7.1.

7.1 Currency

The currency shall be fixed and cannot be changed by modification to the contract. The contract will be issued in the currency, the price proposal has been quoted in.

Currency: __________________________

7.2 Pricing Schedule

CLIN Description Unit Quantity Unit Price Total

001 Supply and Installation of I.1 Sound System (Audiovisual for Amphitheater)

Lot

002 Supply and Installation of I.2 Interpretation System for 3 languages (Audiovisual for Amphitheater)

Lot

003 Supply and Installation of I.3 Video System (Audiovisual for Amphitheater)

Lot

004 Supply and Installation of II.1 Sound System (Audiovisual for Conference Room)

Lot

005 Supply and Installation of II.2 Digital IR wireless conference with interpretation system for 3 languages (Audiovisual for Conference Room)

Lot

006 Supply and Installation of III Passive Infrastructure for Amphitheater and Conference Room

Lot

007 Supply and Installation of IV UPS System for Amphitheater and Conference Room

Lot

008 VAT (if applicable) Lot

009 DBA (Defense Base Act) Insurance) Lot

TOTAL

Currency: ___________

8. Submission of Invoices

Invoices shall be submitted to the Invoicing address at US Embassy Beirut shown in Purchase order. Invoice shall be issued in accordance with FAR 52.212-4(g).

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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.

9. DBA (Defense Base Act) Insurance

DBA insurance is required for all United States citizens or residents and individuals hired in the

United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$10,000.00. Only the countries listed currently on the Department of Labor’s

(DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals

(HCNs) and Third Country Nationals (TCNs) working overseas. (See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

The DBA insurance may be obtained from any authorized DBA insurance broker. New DBA insurances policies can be purchased directly from any DOL (Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted.

Lebanon is not on the Department of Labor’s (DOL) Active DBA Waivers list.

10. Vetting before Award

Offerors are advised that successful passing of vetting is a condition of award.

Before award can me made offerors may be asked to submit information required by DS Form 4184, Risk Analysis Information about their company and its “key individuals. Failure to submit information when requested, or failure to pass vetting, may be grounds for rejecting your proposal.

11. Site Visit after award

After contract award, a site survey shall be held in coordination with INL in order to determine all needed requirements to be satisfied completely according to the terms and conditions of this document.

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SECTION II – CONTRACT CLAUSES

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 this/these address(es):

https://www.acquisition.gov; https://www.acquisition.gov/dosar

52.204-13 System for Award Management Maintenance OCT 2018

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-3 Worker’s Compensation Insurance (Defense Base Act) JUL 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.246-2 Inspection of Supplies-Fixed-Price AUG 1996

652.225-70 Arab League Boycott of Israel AUG 1999

652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED

AUG 1999

Clauses in Full text:

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

ORDERS – COMMERCIAL ITEMS (JAN 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

https://www.acquisition.gov/dosar

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

[Contracting Officer check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

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__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 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).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_x_ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 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.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

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

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

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(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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)

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or

Consular Mission Outside the United States (May 2020)

1. Requirement:

FAR clause 52.225-19 "Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission Outside the United States" paragraph (e)(2)(v) requires that all contractor personnel receive personal security training. The High Threat Security Overseas Seminar for

Contractors (HTSOS-C) course described below meets this requirement unless the contract requires more intensive security courses.

The U.S. government is providing a High Threat Security Overseas Seminar for Contractors (HTSOS-C) course to the contractor for use in training all U.S. citizens and Third Country National (TCN) personnel assigned to specified high risk locations. The contractor shall provide this training course to U.S. citizens and TCN employees expected to be at that location for more than one (1) day (see exceptions below).

The training is available in several languages and maybe conducted individually or in a classroom setting.

The CO will advise the contractor on how to obtain the electronic course at time of award. The training must be taken by the employee in pre-deployment or within 15 days of being assigned to the hazardous location and every five years thereafter, or upon transfer to a new contract.

Exceptions: Contractor personnel who are required, per specific contract provisions, to take the State

Department’s Foreign Affairs Counter Threat (FACT) course will be considered to have met this requirement provided they have a valid, unexpired, completion certificate issued by the Diplomatic

Security Foreign Affairs Security Training Center. No other equivalent or substitute contractor security training is will be considered to have met this requirement.

The contractor shall file proof of each person trained in their contractor-maintained personnel record and it must be available for inspection by the CO or COR upon demand. Since the training is good for five years, a training certificate should be provided to each trainee to use as proof of training for future positions.

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The following locations applicable to this contract have a high safety risk and require HTSOS-C training:

Beirut, Lebanon.

2. Clause 52.225-19 in full text:

(a) Definitions. As used in this clause-

Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-

465) to be temporarily in charge of such a mission or office.

Combatant commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.

"Supporting a diplomatic or consular mission" means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission.

(b) General.

(1)This clause applies when Contractor personnel are required to perform outside the United States-

(i)In a designated operational area during-

(A)Contingency operations;

(B)Humanitarian or peacekeeping operations; or

(C)Other military operations; or military exercises, when designated by the Combatant

Commander; or

(ii)When supporting a diplomatic or consular mission-

(A)That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/); or

(B)That the Contracting Officer has indicated is subject to this clause.

(2)Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(3)Contractor personnel are civilians.

(i)Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph

(i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense.

(ii)Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect

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(4)Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c) Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel in the designated operational area or supporting the diplomatic or consular mission are familiar with and comply with, all applicable-

(1)United States, host country, and third country national laws;

(2)Treaties and international agreements;

(3)United States regulations, directives, instructions, policies, and procedures; and

(4)Force protection, security, health, or safety orders, directives, and instructions issued by the

Chief of Mission or the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract.

(e) Preliminary personnel requirements.

(1)Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract.

(2)Before Contractor personnel depart from the United States or a third country, and before

Contractor personnel residing in the host country begin contract performance in the designated operational area or supporting the diplomatic or consular mission, the Contractor shall ensure the following:

(i)All required security and background checks are complete and acceptable.

(ii)All personnel are medically and physically fit and have received all required vaccinations.

(iii)All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

(iv)All personnel have received-

(A)A country clearance or special area clearance, if required by the chief of mission; and

(B)Theater clearance, if required by the Combatant Commander.

(v)All personnel have received personal security training. The training must at a minimum-

(A)Cover safety and security issues facing employees overseas;

(B)Identify safety and security contingency planning activities; and

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(C)Identify ways to utilize safety and security personnel and other resources appropriately.

(vi)All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery.

(vii)All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at http://www.travel.state.gov.

(3)The Contractor shall notify all personnel who are not a host country national or ordinarily resident in the host country that-

(i)If this contract is with the Department of Defense, or the contract relates to supporting the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 (18

U.S.C. 3261 et seq.);

(ii)Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the

United States; and

(iii)Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other United States Government missions outside the United States ( 18U.S.C.7(9)).

(f) Processing and departure points. The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to-

(1)Process through the departure center designated in the contract or complete another process as directed by…