19GE5026Q0080_Attachment1-ScheduleClauses.pdf
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- Waste Management, U. S. Embassy London
- Solicitation number
- 19GE5026Q0080
About this file
This document is a Combined Synopsis/Solicitation for a Blanket Purchase Agreement (BPA) for waste management services at the U.S. Embassy London (Solicitation 19GE5026Q0080).
The BPA establishes a 60-month term structured as five 12-month ordering periods for waste collection and recycling services. Services include daily trash collection (12 660-liter wheeled bins), daily mixed recycling (3 660-liter bins), daily food waste collection (5 240-liter bins with biodegradable liners), weekly cardboard collection (4 metal cages), monthly hazardous materials (batteries, toner cartridges, CDs), fluorescent tube disposal, paint tin/COSHH waste, and provision of a 20-yard roll-on/roll-off skip exchanged weekly. All work shall be performed Monday through Friday, 8:00 AM to 5:00 PM, excluding U.S. federal and local U.K. public holidays, unless advance written agreement is obtained. No single purchase order shall exceed USD 500,000. The contractor must maintain Environment Agency Registered Waste Carrier status, ISO 14001 Environmental Management System certification, and ISO 9001 Quality Management System certification throughout contract performance. Monthly waste collection reports and quarterly environmental performance reports are required, detailing volumes of landfill, recycled, and food waste diverted, plus CO2 savings data. Contractors must submit security questionnaires and passport copies for all personnel within 15 days of award, Risk Assessments and Method Statements within 15 days, and proof of Defense Base Act insurance within 15 days. BPA Calls will specify exact collection schedules and firm-fixed prices for each ordering period. The contractor is responsible for all equipment, personnel, transportation, supplies, and compliance with U.K. health and safety regulations including CDM 2015 standards.
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Combined Synopsis/Solicitation 19GE5026Q0080 Waste Management, U.S. Embassy London Attachment 1 - Schedule and Clauses
Table of Contents
SECTION I – THE SCHEDULE
1. BPA Number [to be identified upon award]
2. Period and Place of Performance
3. Terms and Conditions
4. Ordering Mechanism
5. Invoices
6. BPA Deliverables
7. Statement of Work (SOW)
7.1 Background
7.2 Security Requirements
7.3 Commencement of Work
7.4 Key Personnel and Contractor’s Personnel Certifications
7.5 Access and Parking
7.6 Working Hours
7.7 Health, Safety, Welfare, and Environmental Procedures
7.8 Standards of Conduct on Embassy Premises
7.9 Key Control
7.10 Modifications and Services Outside the Scheduled Scope
7.11 Schedule Documentation and Reporting Requirements
7.12 Specific Requirements
7.13 BPA Call Deliverables
SECTION II - CLAUSES FOR BLANKET PURCHASE AGREEMENTS
SECTION I – THE SCHEDULE
1. BPA Number [to be identified upon award] Under this BPA, the Contractor shall furnish waste collection and recycling services in accordance with the Statement of Work during the specified ordering (calling) period established herein, with each funded BPA Call defining the specific collection activities, schedules, and firm-fixed-price amounts to be performed. No works shall commence, and no equipment or materials shall be ordered, until the Contractor has received a funded BPA Call stating the start date and end date of the performance period.
2. Period and Place of Performance Period of Performance: BPA with 60-month term, structured as five (5) 12-month ordering periods within which BPA Calls may be placed.
Place of Performance: U.S. Embassy London
3. Terms and Conditions
• The Embassy is not obligated to purchase any definite amount under this agreement.
• No single purchase will exceed USD 500,000 or the equivalent in local currency.
• Excise Tax – James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C.
The Contractor shall complete attached form W-14 in order to apply for an exemption of the Excise Tax, if applicable.
• INSURANCE
Defense Base Act (DBA) Insurance: United Kingdom is included on the U.S.
Department of Labor's Defense Base Act waiver list. DBA insurance is required only for employees performing work on this BPA who are:
1. Citizens or residents of the United States of America, OR
2. Hired in the United States of America
Contractors must obtain and maintain Defense Base Act insurance coverage for any such employees throughout the BPA Ordering Period(s). Evidence of DBA insurance coverage must be provided to the Contracting Officer prior to the commencement of work by any covered employee.
The clause at FAR 52.228-4, Workers' Compensation and War-Hazard Insurance Overseas, remains fully applicable to this acquisition. Contractors must comply with all requirements therein and maintain appropriate insurance coverage for all employees as specified above.
Proof of DBA coverage shall be submitted within 15 days after award.
Insurance must be obtained from a DOL-authorized broker. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. DBA premiums will be evaluated as part of the firm-fixed price and reimbursed at actual cost, not to exceed the amount proposed for DBA, upon submission of acceptable proof of payment.
Insurance (Other than DBA Insurance): The Contractor, at own expense, shall provide and maintain during the entire period of performance of work detailed in the BPA and as ordered under a funded BPA Call, whatever insurance is legally necessary under the laws and statutes of the applicable country. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of the work detailed in individual BPA Calls.
The Contractor shall hold harmless and indemnify the Government from all claims arising therefrom, except in the instance of gross negligence on the part of the Government. The Contractor shall submit evidence of such insurance to the COR within 15 calendar days of a funded BPA Call.
4. Ordering Mechanism Services under this BPA shall be requested through individual calls placed by the RPSO Contracting Officer or authorized representative(s). Each call shall:
• Be placed by an individual appearing on the following Authorized Purchaser List: BPA Call orders may be issued only by the RPSO Contracting Officer. For on-call collection services, the Government personnel authorized to request service collections shall be designated in the funded BPA Call order. The Contractor shall not act upon requests from individuals not identified therein unless otherwise authorized in writing by the Contracting Officer.
• Reference the BPA number
• Describe the services with appropriate CLIN http://www.dol.gov/owcp/dlhwc/lscarrier.htm
• Not exceed the individual call limitation of USD 500,000 or the equivalent in local currency
5. Invoices The BPA holder shall submit invoices to the Contracting Officer Representative.
Advance Payment shall not be authorized under this agreement. Payment shall be made in the currency the contractor specified in the pricing table.
Pursuant to 52.212-4(g), the Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the BPA call to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
A proper invoice must include the following information:
• Vendor’s name and bank account information for payments by wire transfers
• Invoice Date
• BPA Number and BPA Call Number
• CLIN of the service/s rendered as per pricing schedule
• Contact name (where practicable), title and telephone number
• Other substantiating documentation or information required by the BPA call
6. BPA Deliverables All reports and other deliverables required under this agreement shall be delivered as follows:
Description Submission Date Deliver To Reference Schedule & Clauses, Section 3
Defense Base Act (DBA) Insurance and Insurance (Other than DBA Insurance)
Within 15 days upon award
Contracting Office
Schedule & Clauses, Section 5
Invoice Monthly COR / Designated Billing Office
Combined Synopsis/Solicitation, Section VI
Recruitment and/or Housing Plans, if applicable (DOSAM 652.222-800 Recruitment of Third Country Nationals)
With proposal submission/as changes occur
CO/COR
Schedule & Clauses, Section 7.7
Risk Assessments and Method Statements (RAMS)
Within 15 days upon award
COR
Schedule & Clauses, Section 7.2
Security questionnaire with passport copy
Within 15 days upon award
COR
7. Statement of Work (SOW)
7.1 Background
7.1.1 The U.S. Embassy London requires the contractor to collect and dispose of trash and recyclables in an environmentally friendly, safe, reliable and efficient manner, to limit damage and disruption to the environment and wildlife. The Contractor shall furnish all necessary managerial, administrative and direct labor personnel, and as well as all necessary transportation, equipment, tools, repair parts, supplies and materials required, performing services at the frequencies specified within this document.
7.1.2 The Contractor shall conduct all collections in full compliance with applicable local laws, regulations, and legislation.
7.1.3 The Contractor shall issue a consignment note at each collection as a record of waste transfer and disposal.
7.1.4 Contractor Certifications and Memberships
The Contractor shall maintain the following certifications and memberships in good standing throughout the duration of the contract:
a) Environment Agency Registered Waste Carrier
b) ISO 14001 Environmental Management System
c) ISO 9001 Quality Management System
7.1.5 Environmental Management Plan
The Contractor shall submit a detailed Environmental Management Plan that includes, at a minimum:
• Landfill arrangements and disposal procedures
• Recycling program structure and diversion targets
• Food waste management practices and end-use details
7.1.6 Quarterly Environmental Performance Reports
Provide quarterly reports on amounts to land fill, recycled, and food waste, provide details of the amounts from saved going to landfill and CO₂.
7.2 Security Requirements
7.2.1 The U.S. Department of State maintains strict security procedures governing access to its properties. All Contractor personnel anticipated to work on-site at any time during the service period shall complete a security questionnaire. The completed form, along with a photocopy of each employee's current passport, shall be submitted to the Embassy immediately following contract award.
7.2.2 The U.S. Department of State reserves the right to deny entry to any individual at any time and for any reason. All such decisions are final and shall be made at no additional cost to the U.S. Department of State.
7.2.3 Where required, Contractor employees shall be escorted by Embassy security personnel during the performance of their duties.
7.2.4 The U.S. Department of State reserves the right to request additional information from the Contractor or its personnel as circumstances warrant.
7.2.5 Contractor personnel shall perform work only within areas directly relevant to the services being provided. No Contractor personnel shall enter or move through areas outside their designated work zones without prior written approval from the Contracting Officer's Representative (COR).
7.3 Commencement of Work
7.3.1 No work shall commence until the Contractor has received a funded Blanket Purchase Agreement (BPA) Call specifying the start and end dates of the performance period.
7.3.2 Prior to issuance of the BPA Call, the Contractor shall submit all required mobilization documentation, including but not limited to: personnel security forms, site-specific health and safety documentation, an updated performance schedule, and any additional information necessary to support contract mobilization. Upon issuance of the BPA Call, the Contractor shall initiate mobilization activities without delay to ensure performance commences on the date specified in this document.
7.4 Key Personnel and Contractor’s Personnel Certifications
7.4.1 Key Personnel
The Contractor's designated representative shall serve as the supervisor of all Contractor personnel and as the primary point of contact with the U.S. Embassy.
Contractor personnel shall access Embassy premises solely as required for contract performance. Access to work areas and other relevant spaces – whether escorted or unescorted – shall be coordinated through and authorized by the Facility Manager or the Contracting Officer's Representative (COR).
7.4.2 Contractor’s Personnel Qualifications
The Contractor is responsible for ensuring that all personnel assigned to this contract are competently qualified, trained, and certified to operate all specialist equipment and machinery required for the collection and transportation of waste.
7.5 Access and Parking
Personnel requiring access to the premises for the delivery or collection of bins are required to present a valid passport or driver's license for identification purposes upon entry. The contractor is advised that a maximum of one parking space is available, landfill, recycling and food waste shall be collected at alternate times.
7.6 Working Hours
7.6.1 Unless otherwise agreed in advance, all work shall be performed on weekdays (Monday through Friday) between the hours of 8:00 AM and 5:00 PM.
7.6.2 For emergency and call-out requirements outside of standard working hours, the Contractor shall adhere to the specific requirements outlined in the applicable section of this Scope of Work.
7.6.3 No work shall be performed on U.S. federal or local public holidays unless prior written agreement has been obtained from the Contracting Officer's Representative (COR). Any such work shall be performed at no additional cost to the U.S. Department of State. A schedule of U.S. Embassy public holidays is available at: https://uk.usembassy.gov/events/
7.7 Health, Safety, Welfare, and Environmental Procedures
7.7.1 The Contractor shall submit all site-specific Risk Assessments and Method Statements (RAMS) to the COR prior to the commencement of work.
7.7.2 Following a survey of the facilities and relevant equipment, the Contractor shall notify the U.S. Government of any identified health and safety concerns or special requirements necessary to ensure work is carried out safely.
7.7.3 The Contractor is responsible for ensuring that all personnel are equipped with certified Personal Protective Equipment (PPE), appropriate site signage, and safety barriers as required to complete the tasks specified in this document and its attachments, and in accordance with the Contractor's Method Statements and Health and Safety Plan.
7.7.4 The COR shall inform the Contractor on the Embassy's Health and Safety procedures, including but not limited to: egress routes, emergency exits, and assembly points.
7.7.5 Restroom and welfare facilities at the U.S. Embassy are available for use by Contractor personnel during the performance of this contract.
7.7.6 The Contractor shall be responsible for the safe and environmentally responsible disposal of all redundant materials, parts, and consumables. Records confirming safe disposal shall be provided to the Embassy following each site visit.
7.7.7 All work shall be performed in full compliance with applicable U.K. health and safety legislation, including the Construction (Design and Management) Regulations 2015 (CDM 2015). Further guidance is available at: www.hse.gov.uk https://uk.usembassy.gov/events/ http://www.hse.gov.uk/
7.8 Standards of Conduct on Embassy Premises
7.8.1 All Contractor personnel shall maintain satisfactory standards of competency, conduct, and cleanliness while working within U.S. Embassy boundaries. These standards apply with particular strictness within office environments and in any adjacent or restricted areas accessed during the performance of this contract.
7.8.2 The U.S. Government reserves the right to require the removal of any Contractor employee from Embassy premises for failure to comply with the standards set forth herein, or for conduct deemed disruptive to Embassy operations.
The Contractor shall promptly replace any such employee to ensure continuity of services at no additional cost to the U.S. Government.
7.8.3 All Contractor personnel shall present themselves in clean, neat, and complete uniforms at all times while on duty, and shall display clear and visible means of identification.
7.8.4 Contractor personnel shall adhere to the following conduct requirements while within U.S. Embassy boundaries:
• Smoking is permitted only in designated smoking areas
• Music or audio devices shall not be played in any area of the premises
• Abusive, offensive, or excessively loud language is strictly prohibited at all times
7.9 Key Control
Contractor personnel shall not depart Embassy grounds while in possession of any Embassy keys. All keys shall be returned to the COR prior to departing the premises. Should any Contractor employee leave the premises without returning assigned keys, the Contractor may be held financially responsible for all associated remediation costs, including but not limited to: emergency access to locked doors or gates, repairs, lock replacement, and the provision of additional keys.
7.10 Modifications and Services Outside the Scheduled Scope
7.10.1 This section governs unscheduled collections, modifications, and services required outside the scope of the scheduled waste collection program.
7.10.2 The Contractor shall perform only those services explicitly specified in the official Scope of Work issued with the BPA Call. Any changes to or deviations from the Scope of Work shall be authorized exclusively through an official written modification to the BPA or BPA Call. The U.S. Government shall not be liable for payment of any work performed outside the official Scope of Work or an authorized modification thereto. Any such unauthorized work shall be performed entirely at the Contractor's own expense.
7.10.3 Should the Contractor identify the need for additional work outside the original Scope of Work during contract performance, the Contractor shall notify the Contracting Officer (CO) or Contracting Officer's Representative (COR) in writing, providing: a full description of the proposed additional work, the justification for its necessity, and a detailed cost breakdown. The Contractor shall not commence any additional work until a formal written modification has been issued and received. Any work performed outside the Scope of Work in the absence of an official modification shall be undertaken at the Contractor's sole financial liability.
7.11 Schedule Documentation and Reporting Requirements
7.11.1 The Contractor shall provide a schedule defining the exact dates and duration of all service occurrences under this BPA. The schedule shall be presented in the form of a Gantt chart, with service dates displayed horizontally and required service tasks displayed vertically.
7.11.2 Waste Collection Reporting
The Contractor shall submit a monthly report detailing the quantities of trash, recyclables, and food waste removed during the reporting period. The report shall include specific volumes, descriptions, and collection schedules for each waste stream.
7.12 Specific Requirements
7.12.1 General Trash Collection
a) The daily collection volume shall consist of twelve (12) 660-litre wheeled bins.
b) The Contractor shall maneuver the wheeled bins from their permanent storage location, empty them directly into the collection vehicle, and return them to their original location upon completion.
c) Trash shall be collected daily, Monday through Friday, excluding U.S.
federal and local U.K. public holidays.
7.12.2 Recycling Collections
a) Recyclable materials shall be collected on a daily, weekly, or monthly basis, as determined by the material type and collection schedule specified herein.
b) The Contractor shall collect mixed recyclables, including but not limited to:
plastic bottles, glass, cardboard, paper, cans, and shredded paper.
c) In addition, the Contractor shall collect and arrange for the proper disposal or recycling of all types of batteries, toner cartridges, and CDs.
d) The Embassy has four (4) metal cages, each approximately 100cm x 120cm x 75cm, used for the storage of flattened cardboard, to be collected on an as-needed basis.
Frequency of Collections Daily (Monday through Friday): Three (3) 660-litre wheeled bins of mixed recycling materials and shredded paper Weekly: Four (4) metal cages of flattened cardboard Monthly: Ten (10) bags of assorted batteries, toner cartridges, and CDs
7.12.3 Food Waste Collections
a) The estimated food waste collection volume is five (5) 240-litre bins per collection.
b) All bins shall be lined with biodegradable liners, which shall be replaced at each collection visit.
c) Bins shall be exchanged periodically with newly sanitized units upon request.
d) Food waste shall be collected daily, Monday through Friday.
e) The Contractor shall supply five (5) 240-litre wheeled bins, including fitted lids, for use under this contract.
7.12.4 Fluorescent Tubes
A collection container for fluorescent tubes is currently available on-site, capable of accommodating 4-foot tubes. The container shall remain on-site until filled, at which time the Contractor shall collect and properly dispose of the contents in accordance with applicable regulations.
7.12.5 Control of Substances Hazardous to Health (COSHH) Paint Tins and Associated Materials A 240-litre bin is currently available on-site for the collection of paint tins, paint residue, liquids, solvents, and mastic tubes. The Contractor may provide an alternative container if necessary to support service delivery. Collections shall be performed on a monthly basis.
7.12.6 20-Yard Roll-On/Roll-Off (RORO) Skip
a) The Contractor shall provide one (1) 20-yard roll-on/roll-off (RORO) skip for the collection of mixed construction debris, general waste, and green waste.
b) The skip shall be exchanged on a weekly basis, or more frequently as required to meet operational needs.
7.12.7 Glass Bin 240-Litre
a) The Contractor shall provide one (1) 240-litre wheeled bin with a fitted lid for glass collection.
b) The bin shall be emptied three (3) times per week, preferably on Monday, Wednesday, and Friday.
7.12.8 Waste Transfer
The Contractor shall transfer waste from on-site collection points to the collection vehicle. Existing Embassy waste bins may be used where suitable for waste transfer operations. Where existing bins are not compatible with the Contractor's collection vehicle or waste handling process, the Contractor shall provide suitable replacement bins at no additional cost to the U.S. Government.
7.12.9 Standard Call-Out Services
The Contractor shall provide on-call collection services when waste volumes exceed normal capacity and cannot be retained until the next scheduled collection.
7.13 BPA Call Deliverables
The contractor shall provide deliverables as specified in each BPA call. Typical deliverables may include:
Deliverable Frequency Description Deliver to
Waste Collection Reporting Monthly SOW, Section 7.11.2 COR
Environmental Performance Reports
Quarterly SOW, Section 7.1.6 COR
Consignment Notice At each collection SOW, Section 7.1.3 COR
Safe disposal records copies
At each collection SOW, Section 7.7.6 COR
The U.S. Government will specify due dates, format requirements, and acceptance criteria in each BPA call.
SECTION II - CLAUSES FOR BLANKET PURCHASE AGREEMENTS
FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This agreement 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: www.acquisition.gov.
The following clauses are incorporated by reference:
FAR 52.203-6, Restrictions on Subcontractor Sales to the Government Alternate I (Nov 2021) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) FAR 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-91, Contractor Identification (Sep 2025) FAR 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (RFO DEVIATION January 30, 2026) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (RFO DEVIATION January 30, 2026) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (RFO DEVIATION January 30, 2026) FAR 52.212-4, Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) (RFO DEVIATION January 30, 2026) FAR 52.222-50, Combating Trafficking in Persons (Oct 2025) (RFO DEVIATION January 30, 2026) FAR 52.224-3, Privacy Training (Jan 2017) FAR 52.225-5, Trade Agreements (Nov 2023) FAR 52.225-14, Inconsistency Between English Version and Translation of Contract (Feb 2000) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Jul 2014) FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984) FAR 52.229-6, Taxes-Foreign Fixed-Price Contracts (Feb 2013) FAR 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) http://www.acquisition.gov/
FAR 52.233-3, Protest After Award (Aug 1996) (RFO DEVIATION January 30, 2026) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (RFO DEVIATION January 30, 2026) FAR 52.236-13, Accident Prevention, Alternate I (RFO DEVIATION January 30, 2026) FAR 52.237-3, Continuity of Services (Jan 1991) FAR 52.240-91, Security Prohibitions and Exclusions (RFO DEVIATION January 30, 2026) FAR 52.242-15, Stop-Work Order (Aug 1989) FAR 52.240-93, Basic Safeguarding of Covered Contractor Information Systems (RFO DEVIATION January 30, 2026) FAR 52.252-6, Authorized Deviations in Clauses (Nov 2020) DOSAR 652.229-701, Excise Tax Exemption Statement for Contractors Within the United States (Jul 1988) DOSAR 652.229-71, Personal Property Deposition at Posts Abroad (Aug 1999) DOSAR 652.232-70, Payment Schedule and Invoice Submission (Fixed-Price) (Aug 1999) DOSAR 652.236-70, Additional Safety Measures (Oct 2017) DOSAR 652.242-73, Authorization and Performance (Aug 1999) DOSAR 652.243-70, Notices (Aug 1999) DOSAR 652.237-72, Observance of Legal Holidays and Administrative Leave (Feb 2015)
The following clause is provided in full text:
DOSAM 652.222-800 Recruitment of Third Country Nationals for Performance on Department of State Contracts
1. Where contracts exceeding the Simplified Acquisition Threshold will require the recruitment of Third Country Nationals (TCNs), the offeror is required to submit a Recruitment Plan as part of its proposal. Offerors providing employer furnished housing are required to submit a Housing Plan. All plans are assessed on a pass/fail basis.
2. Recruitment Plans must:
1 This clause applies to U.S.-based companies only.
a. 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.
b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.
c. State in the offer that the recruited employee will not be charged recruitment fees as defined in FAR 22.1702 and FAR 52.22-50. 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.
d. 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.
e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.
f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.
g. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.
3. The offeror will submit a Housing Plan if it 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 offer that housing meets host country housing and safety standards and local codes.
Contractor shall comply with any Temporary Labor Camp standards contained in their contract. In contracts without a Temporary Labor Camp standard, a minimum of 70 square feet per employee must be allocated if an employee is housed individually; if housed together, a minimum of 50 square feet per employee must be allocated unless waived by the Contracting Officer. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.
4. Department of State contractor and subcontractors will prevent human trafficking and treat employees with respect and dignity by taking the following actions:
a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents, passports, or immigration documents.
Contractors and subcontractors 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, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.
b. Contractor shall provide employees with signed copies of the/their employment contracts that are in a language the worker understands and 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.
Contracts must be provided prior to employee departure from their countries of origin. Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach of this contract.
c. Contractor shall provide all employees with the Department’s “Know Your Rights” poster and document that employees have been briefed on the contents of the poster. The English language version is available at posters and accompanying directions or from the Contracting Officer.
d. Contractor shall display posters in worker housing advising employees in English and the dominant language of the TCNs 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, StateOIG.gov/Hotline at 202-647-3320 or 1-800-409-9926 or via email at WPEAombuds@stateoig.gov.
e. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against procuring commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer’s Representative.
f. 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 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 and/or legal redress in the country of employment and/or is a witness in a trafficking-related enforcement action.
mailto:WPEAombuds@stateoig.gov
g. 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.
h. The contractor agrees to include FAR Clause 52.222-50 Combating Trafficking in Persons in all subcontracts over the simplified acquisition threshold involving recruitment of third country nationals for subcontractor performance.
5. For contracts or subcontracts with performance overseas valued at $550,000 or more, other than those commercially available off-the-shelf items, offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent human trafficking and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief of the signatory, neither the prime nor its agents nor subcontractor have engaged in any trafficking related activities, including the procurement of a commercial sex act during the period of the contract, the use of forced labor in the performance of the contract, acts that support or facilitate trafficking in persons such as destroying or confiscating employees’ documents or failing to provide return transportation, soliciting employees by use of fraud or charging recruitment fees or providing sub-standard housing described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. The certification will also confirm that if any violations have been found, the contractor has taken the appropriate remedial and referral actions.
6. Contractors and subcontractors can find a model FAR compliance plan, a sample code of conduct, a supplier/subcontractor self-assessment questionnaire, and criteria to select and monitor labor recruiters among other tools on the Responsible Sourcing Tool website. The Responsible Sourcing Tool is designed to assist Federal contractors, procurement officials, and other stakeholders in identifying human trafficking or trafficking-related activities in their supply chains and developing effective management systems to prevent and address these issues.
Beyond the due diligence tools, the site enables federal contractors, acquisition officials, and other entities to visualize human trafficking risks by location, industry sector, and commodity.
(End of clause)
DOSAR 652.242-70 Contracting Officer’s Representative (COR) (Aug 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this agreement. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the agreement, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this agreement will be designated upon award.
(End of clause)
END OF SCHEDULE AND CLAUSES
| SECTION I – THE SCHEDULE |
| 1. BPA Number [to be identified upon award] |
| 2. Period and Place of Performance |
| 3. Terms and Conditions |
| 4. Ordering Mechanism |
| 5. Invoices |
| 6. BPA Deliverables |
| 7. Statement of Work (SOW) |
| 7.1 Background |
| 7.2 Security Requirements |
| 7.3 Commencement of Work |
| 7.4 Key Personnel and Contractor’s Personnel Certifications |
| 7.5 Access and Parking |
| 7.6 Working Hours |
| 7.7 Health, Safety, Welfare, and Environmental Procedures |
| 7.8 Standards of Conduct on Embassy Premises |
| 7.9 Key Control |
| 7.10 Modifications and Services Outside the Scheduled Scope |
| 7.11 Schedule Documentation and Reporting Requirements |
| 7.12 Specific Requirements |
| 7.13 BPA Call Deliverables |
SECTION II - CLAUSES FOR BLANKET PURCHASE AGREEMENTS
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