19GE5022R0044 Amendment 0001.pdf

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19GE5022R0044

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

04/22/2022

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

FRANKCODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT

GERMANY

Alexandra Perez Acevedo

NAME

TEL.

PerezAcevedoA@state.gov

EMAIL

6. ISSUED BY CODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT

GERMANY

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19GE5022R0044

CONTACT: UEI:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

04/04/2022

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1.Offerors shall remove the initial Solicitation document and attachments; and replace it with the solicitation document and attachments hereto attached.

2. Extend questions submission deadline until on or before May 9, 2022, 15:00 Hours CET. Questions shall be submitted to Ms. Alexandra Perez Acevedo, e-mail: perezacevedoa@state.gov

3. The deadline for proposal submittal is hereby extended until May 26, 2022; 15:00 CET. Proposals shall be submitted to Ms. Alexandra Perez Acevedo, e-mail: perezacevedoa@state.gov

4. Offerors shall provide acknowledgment of Amendment 0001 with their proposal.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Eric N. Moore

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

04/22/2022

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

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19GE5022R0044

Line Item Summary

Solicitation Number:

19GE5022R0044

Contract Number: Title: PE Lima GSO Warehousing Storage Services

Date of Solicitation:

04/22/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR: Warehousing Services as per attached Pricing Schedule

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT

002 FIRST OPTION YEAR: Warehousing Services as per attached Pricing Schedule

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT

003 SECOND OPTION YEAR

Warehousing Services as per attached Pricing Schedule

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT

004 THIRD OPTION YEAR

Warehousing Services as per attached Pricing Schedule

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT

005 FOURTH OPTION YEAR

Warehousing Services as per attached Pricing Schedule

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT

19GE50-22-R-0044 US Embassy Lima, Peru FAP Warehouse Outsourcing Services Page 3 of 78

TABLE OF CONTENTS

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

II ACRONYMS AND ABBREVIATIONS

III PRICES

IV. SPECIFICATIONS / STATEMENT OF WORK INTRODUCTION

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

V.1 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

V.2 REPORTS AND OTHER DELIVERABLES

V.3 KEY PERSONNEL

V.4 RECRUTMENT OF THIRD COUNTRY NATIONALS

V.5 ERRONEOUS PAYMENT

V.6 PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

V.7 LAWS AND REGULATIONS

V.8 CONTRACT ADMINISTRATION DATA

V.9 INVOICES, REVIEW AND PAYMENT

V.10 CHANGES IN OWNERSHIP

V.11 FUNDING / TASK ORDERS / PROCEDURES

V.13 CHOICE OF LAW

V.14 START / PERIOD OF PERFORMANCE

V.15 LIST OF ATTACHMENTS

SECTION 2 – CONTRACT CLAUSES

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

FAR 52.204-25 – PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2022)

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

FAR 52.216-18 – ORDERING (AUG 2020)

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

FAR 52.216-22 – INDEFINITE QUANTITY (OCT 1995)

FAR 52.217-5 – EVALUATION OF OPTIONS (JULY 1990)

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

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

FAR 52.222-50 – COMBATTING TRAFFICKING IN PERSONS (NOV 2021)

FAR 52.223-99 – ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

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

DOSAR 652.204-70 – DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY

AND PROCEDURES (FEB 2015)

DOSAR 652.232-70 – PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

(AUG 1999)

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

DOSAR 652.242-73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

DOSAR 652.243-70 – NOTICES (AUG 1999)

SECTION 3 - SOLICITATION PROVISIONS

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

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV

FAP Warehouse Outsourcing Services Page 4 of 78

2021)

INSTRUCTIONS TO OFFERORS (PROPOSAL SUBMISSION):

VOLUME 1: PRICE PROPOSAL

VOLUME 2: TECHNICAL PROPOSAL

SUBMISSION OF QUESTIONS / REQUEST FOR CLARIFICATION

PROPOSAL DUE DATE

FAR 52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) . 49

FAR 52.216-1 – TYPE OF CONTRACT (APR 1984)

FAR 52.232.2 – SERVICE OF PROTEST (SEPT 2006)

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

SECTION 4 – EVALUATION FACTORS

A EVALUATION PROCESS AND FACTORS

C AWARD WITHOUT DISCUSSIONS

ADDENDUM TO EVALUATION FACTORS

FAR 52.217- 5 – EVALUATION OF OPTIONS (JUL 1990)

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

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

FAR 52.204-19 – INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.209-11 – REPRESENTATION BY CORPORATONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CRIMINAL CONVITION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.212-3 – OFFEROR REPRESENATATIONS AND CERTIFICATIONS – COMMERICIAL

ITEMS (NOV 2021)

FAR 52.229-11 – TAX ON CERTAIN FOREIGN PROCUREMENTS NOTICE AND

REPRESENTATION (JUN 2020)

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

DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES UNDER THE DEFENSE BASE

ACT

FAP Warehouse Outsourcing Services Page 5 of 78

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

A. The US Embassy Lima, Peru requires a qualified contractor to perform warehousing and storage services in Lima, Peru for the furniture and appliance pool inventory, document archives, and other assets owned by the U.S. Government.

The Contractor shall provide the services, as described in Section 1, Sub Section IV

Specifications / Attachment 1 – Statement of Work.

B. This is a fixed price type contract under which annual firm, fixed-price task orders will be issued. The contract shall remain unfunded. The fixed prices are listed in Section 1 Sub

Section III.D / Attachment 2 – Pricing.

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 $4,999,999.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer´s Representative

FMO Financial Management Office

QA Quality Assurance

SOW Statement of Work

USG United States Government

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III PRICES

A. The contractor shall complete all work, including warehousing and storage 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, 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. 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 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.

C. Offeror, insert the currency of prices offered

D. Pricing Schedule

The fixed prices for the services as specified in Section1.IV are set forth in Attachment

2 – Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award).

E. Defense Base Act (DBA) 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$3,500.00. 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

Peru is currently not on the DBA waiver list. DBA insurance is required for United States citizens or residents and individuals hired in the United States, Host Country Nationals (HCNs) and

Third Country Nationals (TCNs).

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

FAP Warehouse Outsourcing Services Page 7 of 78

The DBA insurance may be obtained from any authorized DBA insurance broker, see FAR 52.228-3

WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

(APR 1984). 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 in Attachment 2 – Pricing.

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

FAP Warehouse Outsourcing Services Page 8 of 78

IV. SPECIFICATIONS / STATEMENT OF WORK INTRODUCTION

The U.S. Mission Peru currently outsources its warehouse activity for their furniture and applicane pool

(FAP) inventory, document archives, and other assets owned by the U.S. Government. The successful

Contractor shall provide FAP warehousing and storage services in Lima, Peru for twelve (12) consecutive months.

The contractor shall perform, without limitation, moving services, warehouse operations, related administrative functions, and other services described in this document in an indoor warehouse facility owned/rented by the Contractor (minimum 2,500 sq. m.) located in Lima, and not more than 20 km from the Embassy, which is located at Encalada Avenue Block 17, Santiago de Surco, Lima, Peru.

The Contractor shall furnish all managerial, administrative, and direct labor personnel necessary to accomplish the work in this contract. Contractor employees shall be onsite only for contractual duties and not for other business purposes. The contactor shall furnish all personnel to meet the standards established in this contract.

The specifications can be found in the Statement of Work (see Attachment 1 – Statement of Work, for details).

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

V.1 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the 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 USG, is responsible for management and quality control to meet the terms of the contract. The role of the

USG is to conduct quality assurance to ensure that contract standards are achieved.

• Surveillance – The COR will receive and document all complaints from USG personnel regarding the services provided. If found valid, the COR will send the complaints to the contractor for corrective action.

• Standard – The performance standard is that the USG 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 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

Performance Objective Performance Threshold

Services

Contractor performs all services set forth on the Performance Work

Statement with the standard and requirements detailed

All required services are performed and no more than one

(1) customer complaint is received per month

FAP Warehouse Outsourcing Services Page 9 of 78

• Complaint 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.

(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.

V.2 REPORTS AND OTHER DELIVERABLES

All reports and other deliverables required under this contract shall be delivered by email to the

COR and mailed to the following address:

Mr. Francisco Cruzalegui CruzaleguiFJ@state.gov

NOTE: Any and all costs for the preparation, handling, mailing and submission of progress reports or any other required reports and documentation shall be included in the total price of each delivery order.

Description QTY Delivery Date Deliver to

Invoice

(Section V.8.3)

1 To be submitted monthly Designated Billing Office

V.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 Officer Representative within 15 calendar days after the occurrence of any of these events. The proposed substitute mailto:CruzaleguiFJ@state.gov

FAP Warehouse Outsourcing Services Page 10 of 78 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

Representative will notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

V.4 RECRUTMENT 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, 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

FAP Warehouse Outsourcing Services Page 11 of 78 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 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 http://www.responsiblesourcingtool.org/ http://www.responsiblesourcingtool.org/ http://www.responsiblesourcingtool.org/

FAP Warehouse Outsourcing Services Page 12 of 78 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.

V.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 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.

V.6 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 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:

http://www.stateoig.gov/ mailto:WPEAombuds@STATEOIG.GOV

FAP Warehouse Outsourcing Services Page 13 of 78

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.

V.7 LAWS AND REGULATIONS

7.1 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.

7.2 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.

7.3 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.

V.8 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: Alexandra Perez Acevedo

E-mail address: PerezAcevedoA@state.gov

Contracting Officer's Representative (COR): Francisco Cruzalegui

CruzaleguiFJ@state.gov mailto:PerezAcevedoA@state.gov mailto:CruzaleguiFJ@state.gov

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V.9 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.C Prices.

Advance Payment shall not be authorized under this contract.

V.10 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.

V.11 FUNDING / TASK ORDERS / PROCEDURES

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.

V.12 ORDERING PROCEDURES

The Government shall issue annual funded task orders.

V.13 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 States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

V.14 START / PERIOD OF PERFORMANCE

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Contract performance is estimated to start on September 01, 2022

The period of performance is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

The one-year performance period of the base year for the monthly recurring charges shall start after successful mobilization of the FAP Warehouse.

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.

V.15 LIST OF ATTACHMENTS

Attachment 1 Statement of Work (SOW)

Attachment 2 Pricing

Attachment 3 Past Performance and Experience

Attachment 4 IRS Form W-14

Attachment 5 IRS Form W-14 Instructions

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SECTION 2 – CONTRACT CLAUSES

FAR 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 these address(es):

Referenced FAR and DOSAR provisions and clauses can be obtained from:

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

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (

APR 1984

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-1 Disputes MAY 2017 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

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

APR 2012

http://www.acquisition.gov/ http://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

652.237-72 Observance of Legal Holidays and Administrative Leave.

FEB 2015

The following clauses are provided in full text:

FAR 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-

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

or

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that

FAP Warehouse Outsourcing Services Page 19 of 78 uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN

2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (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)).

(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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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).

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__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.

657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (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 (NOV 2021) (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…