19GE5021Q0039.pdf
PDF 598 KB Posted
- Solicitation number
- 19GE5021Q0039
About this file
This solicitation requests proposals for the supply and installation of IT, technical equipment, and a lecture camera system on behalf of the Bureau of International Narcotics and Law Enforcement Affairs at the US Embassy in Beirut, Lebanon. Offerors must provide pricing for the equipment in the specifications, which include desktop computers, laptops, tablets, printers, interactive panels, and a network camera system. Proposals are due by July 15, 2021 and must follow the instructions in the document. The award will be a firm-fixed-price contract to the lowest priced technically acceptable offeror.
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Other files
| File | Type | Posted |
|---|---|---|
| 19GE5021Q0039_0002..pdf | ||
| QUESTIONS AND ANSWERS SET TWO_19GE5021Q0039.pdf | ||
| Attachment 1 - Technical Compliance Matrix_0002.xlsx | XLSX spreadsheet | |
| Classroom Building 1st Floor Plan.pdf | ||
| QUESTIONS AND ANSWERS SET ONE_19GE5021Q0039.pdf | ||
| 19GE5021Q0039_0001.pdf | ||
| Attachment 1 - Technical Compliance Matrix.xlsx | XLSX spreadsheet | |
| Cover Letter 21Q0039.pdf |
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19GE5021Q0039
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
19GE5021Q0039
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/09/2021
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
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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 06/09/2021
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
x 1
-original signed-
19GE5021Q0039
Line Item Summary
Solicitation Number:
19GE5021Q0039
Contract Number: Title: LE-Beirut INL IT and Audio classrooms
Date of Solicitation:
06/09/2021
Line Item No.
Description Quantity Unit Unit Price Total Cost
001 Supply and Installation of IT and Technical Equipment for classrooms in accordance with specifications listed in Sub Section 3.A * Type of Contract Pricing:
Doc Ref No:
Delivery Date FOB:
0.00 LT
002 Supply and Installation of Lecture Camera in accordance with specifications listed in Sub Section 3.B * Type of Contract Pricing:
Doc Ref No:
Delivery Date FOB:
0.00 LT
003 VAT (if applicable) Type of Contract Pricing:
Doc Ref No:
Delivery Date FOB:
0.00 LT
004 DBA (Defense Base Act ) Insurance see Section I, Sub Section 9 Type of Contract Pricing:
Doc Ref No:
Delivery Date FOB:
0.00 LT
IT equipment for classrooms Page 3 of 58 US Embassy Beirut, INL, Lebanon 19GE5021Q0039
Contents
SECTION I – THE SCHEDULE
1. Background
2. Scope of Work
3. Specifications
A. IT and Technical Equipment for classrooms
B. Lecture Camera
4. Place of Delivery
5. Warranty
A one‐year warranty shall be provided including labor, parts, and support
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
IT equipment for classrooms Page 4 of 58
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)
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
IT equipment for classrooms Page 5 of 58
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 the supply and installation the IT and Technical Equipment and Lecture Camera for the 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.
A. The contractor shall provide and install IT and Audio Equipment for the classrooms. The requested bill of materials is listed in Sub Section 3. Specifications
B. The contractor shall provide and install the Lecture Camera System. The requested bill of materials is listed in Sub Section 3. Specifications
1) The Lecture Camera system, has two core targets:
a‐ to be able to monitor the training by the HQ for evaluation, without direct interference in the classroom.
b‐ to be able to watch the session live from home or from work, for the students, with them interacting live with the trainer. It is useful, especially if the coronavirus pandemic
IT equipment for classrooms Page 6 of 58 continues, or for time‐saving and to reduce petrol consumption if the session is theoretical and doesn't have any practical training.
2) The proposed Lecture Camera system shall include:
a‐ Cameras: 8 rooms equipped with 8 fixed cameras filming the instructor.
b‐ Sound capture: To be able to capture the classroom sound, the instructor puts a wireless neck microphone, and if the students want to speak, they have a handheld wireless microphone. The sound output at the receiver is connected to a sound mixer and into the DVR. Classrooms could be equipped with speakers amplifying the sound coming from the microphones. Rechargeable batteries (AA or AAA or else) compatible with the wireless microphones a must to decrease the consumption of batteries.
c‐ Network: The image and the sound, get into the DVR which records all the data synchronically for each classroom (image + microphones). Data could be registered in the hard disks for latter investment, and could be watched live through web applications
(Zoom, The big blue button ...). The system should enable these software usability
(licensing for at least 5 years). The system communicates through a 32‐ports switch.
A PC controls the system output with a 32” screen. A UPS in case the building isn’t equipped with one or is not suitable for the system, should be installed.
d‐ IP ptz camera: The IP PTZ camera is to be installed in one classroom. In this case, there should be an additional AKG WMS 40 system (wireless neck microphone, and wireless handheld microphone), 2‐channel sound mixer, indoor speaker).
The two Mobile Wi‐Fi IP cameras compatible with the DVR system are requested for mobile filming.
3) The contractor shall be responsible for the complete system implementation and functionality, including licensing and training.
IT equipment for classrooms Page 7 of 58
3. Specifications
A. IT and Technical Equipment for classrooms
Quantity Description Item
Computer desktop for each room + computer lab With the following minimal specifications:
Intel Core i7 8‐core (10th Gen) – 8GB DDR4 RAM – 512GB SSD SuperSpeed USB Gen Type‐C & Gen Type A – DVD DRIVE 2 Display port ‐ Audio Wi‐Fi 5 (802.11ac) / Bluetooth 5.0 – Gigabit Ethernet Port Intel® UHD Graphics 630 – Windows 10 Pro (64‐Bit) USB Wireless Keyboard & Mouse
220V, 50 HZ
Computer Led monitor With the following minimal specifications:
size 23.8" full HD at least Resolution: FHD 1080p Full HD webcam and microphone Ports: Display, HDMI, VGA, USB, Audio Free stand with height and tilt adjustments
220 V, 50 HZ
Student Tablet With the following minimal specifications:
Tab 10.4" ‐ CPU Speed: 2.3/1.7GHz. CPU Type: Quad‐Core.
64GB ROM, 4GB RAM
UPS for PC With the following minimal specifications:
(1000 – 1500) VA, 600w 1 phase, input and output 230V (nominal), 50 HZ With replaceable batteries, deep cycle protected Audible low battery alarm, AVR for safe voltage conditions At least 2 output port sockets (to connect the pc and the monitor) Transfer time 4 ms approximately in typical cases, 10 ms maximum Runtime on full load (autonomy): 150 seconds at least On‐off button
Intel Core i7‐10510U Laptop for computer lab With the following minimal specifications:
8GB RAM
1TB HDD
IT equipment for classrooms Page 8 of 58
15.6" HD LED
DVDRW + external mouse 2GB DDR5 Dedicated GeForce MX130 4GB
IWB
With the following minimal specifications:
‐Includes ActivInspire and ClassFlow software ‐Up to 10 simultaneous touch points or 2 styluses ‐ Reduces the amount of shadows created by the arms and body of the presenter ‐Wireless adapter eliminates the HDMI cable between the projector and computer ‐Elmo OX‐1 camera can be used for still images and video ‐ Lan, ‐ USB type A, ‐ USB Type B, ‐ HDMI, ‐ Control RS‐232C ‐ Microphone Input, ‐ Audio In, ‐Audio Out, ‐ Computer in 2/Monitor Out (VGA), ‐Computer in 1 (VGA) ‐ Video In, ‐ Audion in 2 ‐ Compatibility Windows®, MacOS®, Linus® ‐ Surface Area Resolution 30 DPI ‐ Touch Resolution without Driver 7680x4320 px With driver 32767x32767px ‐ Zoom 8x Digital ‐ Focus Auto ‐Qomo TWP‐1700:
Wirless screen sharing device Enables attendees to share their device on the board It can mout on the wall next to the projector mount ‐ Connect to your PC via USB ‐ Multi‐Touch Interactive Display ‐ Multi‐Purpose, Dry Erase Surface ‐ Wireless Security ‐ Web‐Based ADMIN Panel Configuration ‐ Output Resolution (VGA) SVGA (800x600), XGA (1024x768), WXGA (1280x768), WXGA (1280x800), WXGA (1360x768), WXGA+ (1440x900), UXGA (1600x1200) ‐ Output Resolution HDMI 720p (1280x720), 1080i (1920x1080), 1080p (1920x1080) ‐ Supported OS Windows®, Mac OS®, Androids, IOS ‐ Onboard Interfaces:
IT equipment for classrooms Page 9 of 58
VGA, HDMI, RJ‐45, USB, Stereo Phone Jack ‐ Audio : Built‐in microphone
220V, 50 HZ
Interactive Panel With the following minimal specifications:
Diagonal Size : 86" 4K – Screen Type TFT LCD Aspect Ratio 16:9 , Display Area 1895 x 1066 mm Bezel Depth 5.3mm ,Resolution 3840 x 2160 px @ 60Hz Display Colors 1.07 Billion (10Bits) Response Time 8ms, Refresh Rate 60 Hz Contrast Ration 4000:1,Glass Hardness 7 Mohs, 9H pencil Glass Type Heat‐tempered, Anti‐Glare Ambient Light Sensor, Freeze Screen Blank Screen, HMI Out, USB Touch VGA In, VGA Audion In, Audio Out SPDIF Out, YPbPr, CVBS Mic In, Headphone USB 3.0, 2.0 , SD Card RS232 Serial, OPS Slot RJ45 In, RJ45 Out Speakers Continuous Touch Points Up to 20 Gesture and Edges Swipes Windows® Supported Touch Technology InGlass Touch Resolution 0.4 mm Max Touch Response Time 18ms Touch Accuracy 1mm Compatibility:‐ Windows® 7 to 10 ‐OS X® 10.8 to 10.11 ‐MacOS® Sierre 10.121.1 or later ‐Linux® Ubuntu 16.04 LTS ‐Chrome OS™ Pens included x4 Pen Holder Module: ‐ Andoir 6.0 Marsmallow ‐ Realtek Quad Core up to 1.4GHz
‐ 2GB DDR4
‐ 16GB Internal Storage ‐Wi‐Fi/ Bluetooth – Ethernet Connectivity ‐ Micro SD Card ‐ USB, HDMI, USB‐B Touch
IT equipment for classrooms Page 10 of 58
‐ Hotspot Access Point Easily mirror mobile devices to share content, or connect Bluetooth® devices such as digital lab sensors, and robots to support lessons.
ClassFlow™ and ActivInspire™ Compatible with third‐party device management Software (Google™ G Suite, VMware AirWatch® And Radix™ Viso) 220 V , 50 HZ version
5* 2x 32 device per kit
LRSA
With the following minimal specifications:
ActivExpresion V2 KeyBoard 3Languages AR/EN/FR Learner Response System and Assessment with Wilreless ActivHub
35 Routers WIFI 9
Printers for each floor With the following minimal specifications:
A4, 3 in one (photocopy, scanner, printer) Color black lazer jet with two extra toner sets for each
Colored lazerjet printer With the following minimal specifications:
4 in 1 + wifi A4 + 1 complete toner set
1 Monocoloured A3 printer +2 toner sets 12
Desktop EU power socket – single user, embedded or surface mounted to be fixed on table in multipurpose hall and computer lab
Two EU Power Port open hidden Desktop socket /Office conference room High grade desktop socket
With the following minimal specifications:
+ 1 outlet Rj45 Color black or silver for conference room
IT equipment for classrooms Page 11 of 58
Multimedia overhead projector for ground floor, With the following minimal specifications:
220 V, 50 HZ
Hardware Interface VGA, D‐Sub, USB
Mounting Type Wall Mount
Wattage 283 watts
Brightness 1800 Lumen Lamp Life: Up to 6,000 hours (ECO mode) and up to 5000 hours (Normal mode) ceiling mount kit
B. Lecture Camera
Item Item Description Quantity Note
Cameras
IP Camera 4 MP, indoor with fixations in the wall
Fix cameras for 8 rooms
Sound
AKG WMS40 Mini
Wireless Handheld &
Body pack Dual
System (Channels A
& C)
Contains one Neck mike microphone for the instructor, and one handheld microphone for the students when they want to participate
2‐channel sound mixer
For mixing the two microphones in each room, or any other method for mixing them
4 Speaker indoor 8 For each room, with its installation.
Networking
Network and sound cables installation
LS
DVR >12‐channel
(>12 input video +
>12 input audio) with 4 hard disks
HDD 16 TB
Could be 8 TB instead of 16 TB
Switch POE – 32 ports
IT equipment for classrooms Page 12 of 58
Desktop PC with its accessories(including
32” screen)
Zoom application or/and The
BigBlueButton application appropriate License for at least five years
To be used for monitoring the trainers when needed, and for the students watching the classroom from outside the ISF Academy if needed also
Power
Rechargeable batteries for the AKG microphones
IP PTZ camera
Item Item Description Quantity Note
IP PTZ camera with controller
With 1 microphone AKG WMS40 system (Channel A & C), and 2‐channel mixer, and 1 speaker indoor
Wireless camera portable with tripod
Should be compatible with the DVR System
4. Place of Delivery
The transportation and delivery to site are the vendors’ responsibility. The goods shall be shipped to the following address:
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
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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 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
A one‐year warranty shall be provided including labor, parts, and support.
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.
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: _________________________
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7.2 Pricing Schedule
CLIN Description Unit Quantity Unit Price Total
001 Supply and Installation of IT and Technical Equipment for classrooms in accordance with specifications listed in Sub Section 3.A *
Lot
002 Supply and Installation of Lecture Camera in accordance with specifications listed in Sub Section 3.B *
Lot
003 VAT (if applicable) Lot
004 DBA (Defense Base Act) Insurance See Sub Section 9 below
Lot
TOTAL
Currency: ___________
*Price shall include delivery cost, system implementation, licensing, training and one year warranty including labor, parts, and support.
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).
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.
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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.
IT equipment for classrooms Page 16 of 58
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)).
IT equipment for classrooms Page 17 of 58
(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 the Contracting Officer;
(2)Use a specific point of departure and transportation mode as directed by the Contracting
Officer; and
(3)Process through a reception center as designated by the Contracting Officer upon arrival at the place of performance.
(g) Personnel data.
(1)Unless personnel data requirements are otherwise specified in the contract, the Contractor shall establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort.
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(2)The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official.
(h) Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause.
(i) Weapons.
(1)If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of
Mission, authorizes the carrying of weapons‐
(i)The Contracting Officer may authorize an approved Contractor to issue…
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