19GE5022R0042.pdf

19GE5022R0042

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5022R0042

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

DATE

02/01/2022

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

RFQ IFB X RFP

14. METHOD OF SOLICITATION

FRANKCODE15. DELIVER TO

AMERICAN CONSULATE GENERAL FRANKFURT

Joachim Becher Strasse 19

ATTN: GSO WAREHOUSE

60435, FRANKFURT, GERMANY

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 BERLIN

AMERICAN EMBASSY, CLAYALLEE 170

FINANCIAL MANAGEMENT CENTER, ATTN. DBO

14191, Berlin, GERMANY

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 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) Eric N. Moore

31c. DATE SIGNED 02/01/2022

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

19GE5022R0042

Line Item Summary

Solicitation Number:

19GE5022R0042

Contract Number: Title: GER-Frankfurt Moving services Date of Solicitation:

02/01/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR - Labor Support inclusive of Sub CLINs 001A Regular Hours 001B Overtime Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

002 BASE YEAR VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

1001 OPTION YEAR ONE - Labor Support inclusive of Sub CLINs 1001A Regular Hours 1001B Overtime Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

1002 OPTION YEAR ONE VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

2001 OPTION YEAR TWO - Labor Support inclusive of Sub CLINs 2001A Regular Hours 2001B Overtime Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

2002 OPTION YEAR TWO VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

3001 OPTION YEAR THREE - Labor Support inclusive of Sub CLINs 3001A Regular Hours 3001B Overtime Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

3002 OPTION YEAR THREE VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

4001 OPTION YEAR FOUR - Labor Support inclusive of Sub CLINs 4001A Regular Hours 4001B Overtime Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

4002 OPTION YEAR FOUR VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

5000 DEFENSE BASE ACT INSURANCE (if applicable) see Section 1, Sub Section III. Prices, E. DBA Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 3 of 100

Contents

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

II ACRONYMS AND ABBREVIATIONS

III PRICES

IV SPECIFICATIONS / STATEMENT OF WORK

1. SCOPE OF SERVICES

WORK REQUIREMENTS

2. PERSONNEL

3. WORK SCHEDULE

4. MANAGEMENT AND SUPERVISION

5. OPERATIONAL RECORDS

6. SECURITY CLEARANCE

7. GOVERNMENT FURNISHED PROPERTY

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

SECTION 2 – CONTRACT CLAUSES

52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2022)

52.216-4 – ECONOMIC PRICE ADJUSTMENT – LABOR AND MATERIAL (JAN 2017)

52.216-18 – ORDERING (OCT 1995)

52.216-19 – ORDER LIMITATIONS (OCT 1995)

52.216-21 – REQUIREMENTS (OCT 1995)

52.216-22 – INDEFINITE QUANTITY (OCT 1995)

52.217-5 –EVALUATION OF OPTIONS (JULY 1990)

52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.222-50 Combating Trafficking in Persons (NOV 2021) 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

(OCT 2021) (DEVIATION)

52.245-1 Government Property (SEP 2021) 52.245-9 Use and Charges (APR 2012)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

652.204-70 Department of State Personal Identification Card Policy and Procedures

(FEB 2015)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.237-72 Observance of Legal Holidays and Administrative Leave (FEB 2015) Addendum to 652.237-72 - US Consulate Frankfurt 2022 Holiday Schedule

652.242-70 – CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)

652.242-73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 – NOTICES (AUG 1999)

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SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

ADDENDUM TO 52.212-1 Instruction to Offerors:

Instructions for Proposal Submission:

Submission of questions Proposal Due Date

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.216-1 – TYPE OF CONTRACT (APR 1984)

52.233.2 - SERVICE OF PROTEST (SEPT 2006)

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

SECTION 4 – EVALUATION FACTORS

A EVALUATION PROCESS AND FACTORS

B SEPARATE CHARGES

C AWARD WITHOUT DISCUSSIONS

52.217-5 – EVALUATION OF OPTIONS (JUL 1990)

52.225-17 – EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

52.204-19- INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-11 – REPRESENTATION BY CORPORATONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CRIMINAL CONVITION UNDER ANY FEDERAL

LAW (FEB 2016)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

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

DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES UNDER THE

DEFENSE BASE ACT

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SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

A. The US Consulate General Frankfurt requires services for the movement of U.S.

Government-owned personal property (household furniture items).

The contractor shall provide moving services in accordance with the specifications described in Section 1, Sub Section IV Specifications / Statement of Work and the terms and conditions of the contract.

It is anticipated that resulting from this solicitation three (3) separate contracts will be awarded.

B. The resulting contract shall be an Indefinite Delivery / Indefinite Quantity (IDIQ) type contract with fixed unit prices under which annual firm fixed unit price task orders will be issued. The contract shall remain unfunded. The fixed prices for the services are specified in Attachment 1 – Pricing. All quantities listed in the Schedule are reasonable estimates per year based on experience.

C. MINIMUM (Reference Section I, Clause 52.216-22(b))

During the term of this contract, the Government shall order, as a minimum, services in an amount of at least $5,000.00 or equivalent in local currency.

The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above the guaranteed minimum of $5,000.00 or equivalent in local currency.

The maximum dollar value during the entire life of this contract is $1,000,000.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer´s Representative

FAR Federal Acquisition Regulations

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FMO Financial Management Office

GFP Government Furnished Property

QA Quality Assurance

RSO Regional Security Office

SOW Statement of Work

TCN Third Country Nationals (for this contract Nationals of other than US or German nationality)

USG United States Government

III PRICES

A. The contractor shall complete all work, including integration services, furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. These individual prices shall include all labor, materials, profit, travel to post and, if applicable, value-added tax (VAT).

Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation 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 the currency exchange rates.

The currency shall be fixed and cannot be changed by modification to the contract.

B. Price Adjustment Based on Laws Prices may be adjusted during the performance period of the contract as a result of laws enacted by the host government, if such change in the laws has a direct impact on the cost to the contractor to perform this contract at the contracted rate. In that event, the Contracting Officer may enter into negotiations with the contractor to modify the contract to adjust the premium rate(s). The contractor agrees to provide all documentation necessary to support any requested adjustment.

C. The contractor shall notify the Contracting Officer’s Representative (COR) in writing 20 days before the contractor expects the total costs incurred to exceed 75% of the funding provided by task order.

D. VAT – if applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices

19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 7 of 100 submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government, he shall re-pay the refund amount to the US Government.

E. DEFENSE BASE ACT INSURANCE (DBA)

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$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL).

Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers:

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

The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker, see

FAR52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

(APR1984). New DBA insurances policies can be purchased directly from any DOL approvedinsurance 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 in the Pricing Schedule.

Germany is listed on the current DOL DBA waiver list with a waiver until 01/22/2023.

For this contract DBA insurance is not required for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). The waiver does not apply to to citizens or legal residents of the United States.

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

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F. Offeror, insert the currency of prices offered __________________

G. The fixed prices for the services as specified in Section IV – Statement of Work are set forth in Attachment 1 – Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award).

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IV SPECIFICATIONS / STATEMENT OF WORK

1. SCOPE OF SERVICES

The Contractor shall provide all necessary personnel and supervision to efficiently accomplish the movement of U.S. Government-owned personal property (household furniture items) at all U.S. Government facilities, leased and owned, located in Frankfurt. Services will include the movement of property from one location to another, including, but not limited to the loading of property, the transport/delivery to intended destination, the unloading and distribution of property at the new location. Services will also include the redistribution of property within a location as follows: Either move all the furniture and furnishings to the middle of the residence to allow for the painting of the walls or resetting the furniture and furnishings to its standard layout within a residence.

The Contractor is responsible for the safe transportation of all U.S. Government-owned property and shall take the necessary measures to protect U.S. Government property during transportation and loading/unloading.

The Contractor shall include the cost of all labor, overhead, profit, and any other expenses associated in the firm, fixed price for these services.

The Contractor shall not use employees under this purchase order without U.S. Government clearance and approval. All security cleared contractors shall carry with them one legal German form of current ID containing a photo, name, and signature. Acceptable forms of ID include a valid Driver's License and / or a valid “Personal Ausweis” (German Identity Card) issued by the local Registration Office of residence and /or a photo ID showing the Company name and/or logo, employee name, an employee ID number, and expiration date.

For the purposes of this purchase order, the high/busy season will be from May 1 to September 30 of each calendar year.

WORK REQUIREMENTS

The contractor shall provide services for the moving of U.S. Government-owned property to and from the U.S. Consulate’s warehouse, located at Joachim Becher Strasse 19, 60435 Frankfurt and various Consulate-leased and owned facilities located in the Frankfurt metropolitan area.

In the case of loading or unloading of the U.S. Government-furnished moving truck, there shall always be a contract employee stationed outside of the truck to prevent pilferage of items.

When positioning the vehicle for loading or unloading, there must always be a contract employee outside of the moving truck to provide additional guidance to the driver to prevent pedestrians in the area from being struck or otherwise injured by the vehicle.

Preventing Damage to U.S. Government Facilities:

The Contractor shall, immediately upon becoming aware of any damage done to an U.S.

Government-owned property, notify the Contracting Officer’s Representative (COR) or designated alternate in the GSO Property Unit at the U.S. Consulate General via phone or e-

19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 10 of 100 mail; this is to be followed by a written report of the same information within twenty-four (24) hours of the incident.

A. In case of theft, a written police report must be filed by the contractor within 24 hours and follow-up within fifteen (15) calendar days of the incident.

B. Contractor employees shall not:

• Attempt to disassemble, assemble, or repair electrical appliances or mechanical items

• Disconnect or connect any gas appliances

The contractor shall furnish all managerial, administrative, and direct labor personnel necessary to accomplish all work as required by this contract. Additionally, the contractor shall provide, as necessary, transportation for contractor employees to the primary work site. Contractor employees shall be on site only for performance of contractual duties and not for other business purposes. Performance requirements for required work are described below.

2. PERSONNEL

The contractor shall ensure that all personnel assigned to this contract possess the skills and experience necessary and shall use only trained moving staff in the moving of U.S.

Government-owned property.

2.1. General. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

2.2. Standard of Conduct.

At a minimum, the Contractor’s employees must wear steel toed boots and gloves. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

2.3. Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

2.4. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

2.5. Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

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2.6. Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract.

The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

2.7. Notice to the Government of Labor Disputes

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

3. WORK SCHEDULE

The contractor agrees that he shall execute each individual order within two (2) business days after the receipt of a written advance notice from the Consulate.

All work will be completed between 0800-1600, Monday through Friday except for holiday’s as described in Addendum to 652.237-72 US Consulate Frankfurt 2022 Holiday Schedule in Section 2.

The contractor will further fully respect all work schedules established between the Contracting Officer’s Representative (COR) and the contractor.

4. MANAGEMENT AND SUPERVISION

4.1. Management: The contractor shall designate a project manager who shall be responsible for handling all business with the Consulate.

4.2. Supervision: The project manager shall be responsible for the on-site supervision of the contractor’s work force at all times to ensure that the services are being delivered under this contract. The project manager will be the contractor’s primary point of contact and will act as liaison with the US Consulate personnel. The project manager shall have sufficient English language skills to be able to communicate easily and efficiently with members of the U.S.

Consulate’s staff.

4.3. Safety: The Contractor shall be responsible for work-site safety during the moves.

5. OPERATIONAL RECORDS

The contractor shall provide and maintain logs, listing the names of the driver(s) and the movers, the time of departure from the Consulate’s warehouse or pick-up address, the time of completion of each individual move, and the time of return to the Consulate’s warehouse.

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6. SECURITY CLEARANCE

6.1. For the Frankfurt Regional Security Office (RSO) to conduct a background investigation, the Contractor shall submit information for each employee he/she plans to assign under the terms of this purchase orders.

The Contractor Officer’s Representative (COR) will provide the Verification Questionnaire and Release of Information forms mandated by the Frankfurt Regional Security Office (RSO). Each employee is required to complete and submit to the Contractor. The Contractor is then required to submit all completed packages to the COR.

The Regional Security Office may require up to 90 days to perform the necessary background investigations. Therefore, the Contractor must provide a list of personnel along with the required forms within 10 calendar days after receipt of the RSO forms. The first background investigation results are valid for 1 year, the second and following investigations are valid for 2 years each.

U.S. Government background investigations include, but are not limited to, police record, credit history, and private residence checks, etc. If a contract employee refuses to sign the appropriate release authorization, they shall not be authorized to perform work under this purchase order.

The U.S. Consulate General in Frankfurt recommends the Contractor submits 30% more names for security background investigations than he/she estimates will be required. Surplus employees may be used during holidays or when other contract employees are on sick leave.

The Government shall issue identity cards to Contractor personnel, after they are approved.

Contractor personnel shall always display identity card(s) on the uniform, while providing services under this contract. These identity cards are the property of the U.S. Government.

The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

If at any time after the RSO security review process the Contractor becomes aware of activities or situations that could affect a contract employee’s ability to maintain their security clearance, the contractor shall immediately inform the COR and shall remove the employee in question from ALL U.S. Government work until a security review has been completed by the Frankfurt Regional Security Officer

7. GOVERNMENT FURNISHED PROPERTY

The Government will provide all moving equipment and materials to the Contractor as "Government furnished property (GFP)" for performance of the contract

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V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

1. Quality Assurance and Surveillance Plan (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Paragraphs

Performance Threshold

Services.

Performs all moving services set forth in the scope of work.

1 to 7

All required services are performed and no more than one

(1) customer complaint is received per month.

• SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

• STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

• PROCEDURES.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

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

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

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

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

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(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

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

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

2. Physical and Information Security Requirements

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the USG. The contractor shall not release any documents that are not covered under Section 2 (Ongoing Contractor Services) of the SOW to anyone unless authorized by the USG.The following considerations shall be followed by the contractor and/or shall be incorporated into the design documents / shop drawings.

All documents received or generated under the contract are the property of the

USG.

All documents shall be controlled and disseminated on a need-to-know basis.

Reproduction and distribution are prohibited without express approval of the USG.

All design documents generated shall be annotated as follows:

All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis and shall not be further disseminated without prior authorization from the USG.

Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

3. Key Personnel

The US Government considers the contractors Project Manager as Key Personnel for this contract.

During the entire performance period of this contract, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting

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Officer within 15 calendar days after the occurrence of any of these events. The proposed substitute shall possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation / contract. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

4. Recruitment of Third Country Nationals

a) For contracts exceeding $250,000 which require the recruitment of Third Country Nationals (TCNs), the Contractor shall submit and adhere to a Recruitment Plan.

Contractors providing employer furnished housing shall submit and adhere to a Housing Plan.

b) Recruitment Plan

1. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

2. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

3. State in the plan that the recruited employee will not be charged recruitment or any similar fees, as defined in FAR 22.1702 and FAR 52.222-50. The Contractor or employer pays the recruitment fees for the worker, if recruited by the Contractor or subcontractor, to work specifically on Department of State contracts.

4. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

5. State in the plan that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

6. State in the plan that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

7. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance and provide updates for approval.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, Skills testing, recommending, or placing employees or potential employees; (ii) Advertising: (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, 19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 16 of 100 including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is (i) Paid in property or money;

(ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and (G) Subcontractors at all tiers.

c) Housing Plan

The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their plan that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

d) Preventing Trafficking in Persons

The Department of State Contractor and Subcontractors shall prevent human trafficking and treat employees with respect and dignity by taking the following actions:

• Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documentsor passports.

Contractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

• Contractor shall provide employees with signed copies of their employment contracts, in English and in the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working

19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 17 of 100 conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin. Contractors shall provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, shall be considered a material breach of this contract.

• Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure.

The English language version is available at https://www.responsiblesourcingtool.org and from the Contracting Officer.

• The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons, including the requirements against commercial sex, even in countries where it is legal, and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

• Contractor shall display posters in worker housing advising employees, in English and the dominant language of the Third Country Nationals being housed, of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG), Hotline at 202-647-3320 or 1-800-409-9926, via the web https://www.stateoig.gov/ hotline, or via email at WPEAombuds@STATEOIG.GOV.

• Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance, except for an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

• Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

• The Contractor agrees to include this clause in all subcontracts over $250,000 involving recruitment of third country nationals for subcontractor performance.

5. Erroneous Payment

If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future https://www.responsiblesourcingtool.org/ https://www.stateoig.gov/ mailto:WPEAombuds@STATEOIG.GOV

19GE5022R0042 US Consulate General Frankfurt, Germany Moving Services Page 18 of 100 payments owed by the USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

6. Laws And Regulations

Compliance Required – If the contractor has or will establish a local office, he shall, without additional expense to the USG, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

Labor, Health and Safety Laws and Customs – If the contractor has or will establish a local office, he shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees. Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

The only items that the USG will consider for price adjustments are those that are mandated e.g., changes in the VAT rate (if applicable) or minimum hourly wage rate.

7. Contract Administration Data

a) Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

b) Government Personnel

Contracting Officer Eric N. Moore

Contract Administrator Wencke Jacobsen

Jacobsenw@state.gov

COR TBA at contract award mailto:Jacobsenw@state.gov

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c) Invoices, Review and Payment

Invoices shall be issued monthly and submitted to the invoicing address shown on the task order.

Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

Payment shall be made in the currency the contractor specified in Section1.III.E Prices.

d) Advance Payment shall not be authorized under this contract.

e) Changes In Ownership – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

8. Funding / Task Orders / Procedures

a) The contract remains unfunded; funding will be provided by issuing annual task orders. Each task order will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Task order number

• Name of person placing the order

• Quantity, unit price, and total price of each service / insurance rate

• VAT or other taxes as a separate item, if applicable

• COR and post points of contact, including e-mail addresses

• applicable contract clauses, either in reference or in full text if necessary

Only an RPSO Contracting Officer may place a written order.

b) Ordering Procedures – The Government shall issue annual funded task orders.

9. Choice of Law

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United

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States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

10. Start / Period of Performance

Contract performance is estimated to start in July 2022.

The Government may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

11. List of attachments

Attachment 1 Pricing Attachment 2 Past Performance and Experience Attachment 3 IRS Form W-14

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SECTION 2 – 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 https://www.acquisition.gov.

The following FAR and DOSAR clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Alt. I Restrictions on Subcontractor Sales to the Government

JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

Nov 2021

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price AUG 1987

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.246-20 Warranty of Services MAY 2001

52.246-25 Limitation of Liability-Services FEB 1997

52.247-21 Contractor Liability for Personal Injury and/or Property Damage

APR 1984

52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods

APR 1984

52.249-2 Termination for Convenience of the Government (Fixed Price)

APR 2012

https://www.acquisition.gov/

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652.225-71

Section 8(a) of the Export Administration Act of 1979, as Amended

AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad. AUG 1999

The following FAR clauses are provided in full text:

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

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(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials,…