191S7020Q0004.pdf

191S7020Q0004 VEHICLE INSURANCE SOLICITATION EMBASSY JERUSALEM

SF33 Cover Page

SF-33 PAGE 2

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. VEHICLE INSURANCE SERVICES

The Contractor shall provide insurance coverage and management of the related services for all the U.S. Government owned official vehicles and motorcycles located in

The American Embassy Jerusalem.

B.2 TYPE OF CONTRACT

This is a fixed price type contract with an economic price adjustment.

B.3. PRICES/PREMIUMS

B.3.1. Premiums - Base Period: The Contractor shall provide the services for the premiums shown below for the base period of the contract, starting on the start date in the

Notice to Proceed and continuing for a period of 12 months.

Line

Item

Type of Vehicle (Code) Yearly

Compulsory (3rd party Bodily

Injury) in NIS.

Yearly 3rd Party

Liability

Insurance

(Property

Damage) in NIS

Est qty

Annua l total in NIS

B.3.1.a Commercial/Over 4 tons/up to 12 tons (N2)

B.3.1.b Commercial/Over 12 tons

(N3)

B.3.1.c Commercial up to 4 tons

(N1)

B.3.1.d Non-Commercial up to 3.5

Ton/ up to eight passengers

(M1)

B.3.1.e Non-Commercial up to 5 tons

/ more than eight passengers

(M2)

B.3.1.f Minibus (M2a) 1

B.3.1.g Motorcycle up to 125cc and

14.6 HP (L1)

B.3.1.h Motorcycle 15 - 33 HP (L2) 8

B.3.1.i Motorcycle over 33 HP (L3) 6

B.3.1.j Forklift (t) 1

B.3.1.k Towable Lift Crane (O2) 1

B.3.1.l Grand Total Base year (B.3.1.a – B.3.1.k) in NIS

B.4.1 Premiums – Option Year One: The Contractor shall provide the services for the premiums shown below for Option Year One of the contract, starting one year after start date in the Notice to Proceed and continuing for a period of 12 months.

Type of Vehicle

(Code)

Yearly

Compulsory (3rd party Bodily

Injury) in NIS.

Yearly 3rd Party

Liability

Insurance

(Property

Damage) in NIS

Est qty

Annua l total in NIS

B.4.1.a Commercial/Over 4 tons/up to 12 tons (N2)

B.4.1.b Commercial/Over 12 tons

(N3)

B.4.1.c Commercial up to 4 tons

(N1)

B.4.1.d Non-Commercial up to 3.5

B.4.1.e Non-Commercial up to 5 tons / more than eight passengers (M2)

B.4.1.f Minibus (M2a) 1

B.4.1.g Motorcycle up to 125cc and

14.6 HP (L1)

B.4.1.h Motorcycle 15 - 33 HP (L2) 8

B.4.1.i Motorcycle over 33 HP (L3) 6

B.4.1.j Forklift (t) 1

B.4.1.K Towable Lift Crane (02) 1

B.4.1.L Grand 1st Option year (B.4.1.a – B.4.1.k) in NIS

B.5.1 Premiums – Option Year Two: The Contractor shall provide the services for the premiums shown below for Option Year Two of the contract, starting two years after year after start date in the Notice to Proceed and continuing for a period of 12 months.

Type of Vehicle

(Code)

Yearly

Compulsory (3rd party Bodily

Injury) in NIS.

Yearly 3rd Party

Liability

Insurance

(Property

Damage) in NIS

Est qty

Annua l total in NIS

B.5.1.a Commercial/Over 4 tons/up to 12 tons (N2)

B.5.1.b Commercial/Over 12 tons

(N3)

B.5.1.c Commercial up to 4 tons

(N1)

B.5.1.d Non-Commercial up to 3.5

B.5.1.e Non-Commercial up to 5

B.5.1.f Minibus (M2a) 1

B.5.1.g Motorcycle up to 125cc and

14.6 HP (L1)

B.5.1.h Motorcycle 15 - 33 HP (L2) 8

B.5.1.i Motorcycle over 33 HP (L3) 6

B.5.1.j Forklift (t) 1

B.5.1.k Towable Lift Crane (O2|) 1

B.5.1.l Grand 2nd Option year (B.5.1.a – B.5.1.k) in NIS

B.6.1 Premiums – Option Year Three: The Contractor shall provide the services for the premiums shown below for Option Year Three of the contract, starting three years after year after start date in the Notice to Proceed and continuing for a period of 12 months.

Type of Vehicle

(Code)

Yearly

Compulsory (3rd party Bodily

Injury) in NIS.

Yearly 3rd Party

Liability

Insurance

(Property

Damage) in NIS

Est qty

Annua l total in NIS

B.6.1.a Commercial/Over 4 tons/up to 12 tons (N2)

B.6.1.b Commercial/Over 12 tons

(N3)

B.6.1.c Commercial up to 4 tons

(N1)

B.6.1.d Non-Commercial up to 3.5

B.6.1.e Non-Commercial up to 5

B.6.1.f Minibus (M2a) 1

B.6.1.g Motorcycle up to 125cc and

14.6 HP (L1)

B.6.1.h Motorcycle 15 - 33 HP (L2) 8

B.6.1.i Motorcycle over 33 HP (L3) 6

B.6.1.j Forklift (t) 1

B.6.1.k Towable Lift Crane 1

B.6.1.l Grand 3rd Option year (B.6.1.a – B.6.1.k) in NIS

B.7.1 Premiums – Option Year Four: The Contractor shall provide the services for the premiums shown below for Option Year Four of the contract, starting four years after year after start date in the Notice to Proceed and continuing for a period of 12 months.

Type of Vehicle

(Code)

Yearly

Compulsory (3rd party Bodily

Injury) in NIS.

Yearly 3rd Party

Liability

Insurance

(Property

Damage) in NIS

Est qty

Annua l total in NIS

B.7.1.a Commercial/Over 4 tons/up to 12 tons (N2)

B.7.1.b Commercial/Over 12 tons

(N3)

B.7.1.c Commercial up to 4 tons

(N1)

B.7.1.d Non-Commercial up to 3.5

B.7.1.e Non-Commercial up to 5

B.7.1.f Minibus (M2a) 1

B.7.1.g Motorcycle up to 125cc and

14.6 HP (L1)

B.7.1.h Motorcycle 15 - 33 HP (L2) 8

B.7.1.i Motorcycle over 33 HP (L3) 6

B.7.1.j Forklift (t) 1

B.7.1.k Towable Lift Crane (O2) 1

B.7.1.l Grand 4th Option year (B.7.1.a – B.7.1.k) in NIS

B.8 Total Contract amount Base and all Option years (B.3.1.l, B.4.1.l, B.5.1.l, B.6.1.l, B.7.1.l) NIS______________________________________________

B.9 CONTRACT MINIMUM AND MAXIMUM AMOUNTS:

1. Contract Minimum: During the contract period, the Government shall place orders for a minimum of NIS 10,000. This is the contract minimum for this period of performance and for each option year.

2. Contract Maximum: During the contract period, the amount of all orders shall not exceed NIS 2,000,000. This is the contract maximum for this period of performance and for each option year.

B.10 PARTIAL ANNUAL PREMIUMS

B.10.1 Semi-Annual Premiums. Payments shall be made semi-annually, as further addressed in G.2.4. The semi-annual premium shall be computed by dividing the annual premiums by twelve.

B.10.2 Premiums for Vehicles Added or Removed During Period of Performance

B.10.2.1 Monthly Premiums. Premiums for vehicles added or deleted shall be computed on a monthly basis. Monthly premiums shall be computed by dividing the annual premiums by twelve.

B.10.2.2 Vehicles and Type of Insurance Coverage Added.

Premiums for vehicles added to this contract or for which types of coverage are increased under this contract shall commence on the first day of the month in which the coverage is effective.

B.10.2.3 Vehicles and Type of Insurance Coverage

Removed. Premiums for vehicles removed from coverage under this contract or for which types of coverage are deleted from this contract shall be paid through the last day of the month in which the vehicle or coverage is dropped.

B.11 ADMINISTRATIVE RETENTION AMOUNTS

B.11.1 If the Contractor requests a price adjustment under B.8.3 below, the

Contractor must present cost experience data that includes the retention amount. For purposes of any economic price adjustment, this retention amount is a fixed amount that is a part of the premium amounts in B.3. This retention amount will not be adjusted for any reason.

The retention amount is part of the premium and may include, but not be limited to, such costs as overhead and general and administrative costs. It will also include any profit. Essentially, it includes all costs except the actual portion of the premium intended to fund claims paid.

B.11.2 sets forth the retention amounts per premium paid for each category of premium and for each period of performance.

NOTE TO OFFEROR - Fill in the fixed retention amounts for each period of performance and for each category of premium. This fixed amount must be expressed in the currency in which the premium amount is proposed. The fixed retention amount shall

NOT be expressed in terms of a percentage of the premium.

B.11.3 Retention Amounts per separate premium paid for Third Party Liability

Insurance

Period of

Performance

Bodily Injury Property Damage

Base Period

Option Year 1

Option Year 2

Option Year 3

Option Year 4

B.12 ECONOMIC PRICE ADJUSTMENT

B.12.1 Premiums may be adjusted upward or downward based on the experience rating of the Mission(s) covered by this contract. No adjustment will be allowed during the first 12 months of the contract. After such time, the Contractor or the Government may request an adjustment in premiums on an annual basis. Before any such adjustment is made, the Contractor agrees to provide the Government a balance sheet showing receipts (premiums received), payments (claims paid), the retention amount paid to the

Contractor, and the difference between amounts received and paid. The Government reserves the right to have an independent third party review the balance sheet and make recommendations regarding the appropriateness of the requested adjustment. Any adjustment shall be subject to mutual agreement of the parties and shall result in a written modification to the contract. Any failure to reach agreement under this clause shall be subject to the procedures in the Disputes clause.

B.12.2 The rates may also 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. The Contractor agrees to provide all documentation necessary to support any requested adjustment.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. GENERAL

C.1.1 The U.S. Embassy Jerusalem requires vehicle insurance coverage of all the U.S. Government official vehicles, trucks, motorcycles and forklifts. The specific coverage under this contract is set forth in Section C and the Attachments in Section J.

C.1.2 All of the compulsory and 3rd party insurance shall be effective throughout the state of Israel and the West Bank.

C.1.3 All of the vehicle and 3rd party insurance shall cover US Government

Employees over the age of 21.

C.1.4 Definitions

FMC - Financial Management Center or the paying office

COR - Contracting Officer's Representative.

GSO - General Services Officer in charge of the General Services Office at post. This officer is usually the Contracting Officer for this contract.

C.2.a COMPULSORY INSURANCE COVERAGE

The Contractor shall provide compulsory liability insurance coverage for all the types of vehicles, trucks and motorcycles listed in Section B. This insurance shall include:

Type of Coverage Minimum Required Amount

Bodily injuries (to include passengers riding in the Unlimited vehicle other than the driver)

C.2.b THIRD PARTY INSURANCE COVERAGE

The Contractor shall provide third party liability insurance coverage for all the types of vehicles, trucks and motorcycles listed in Section B. This insurance shall include:

Property damage NIS 650,000

C.3. OTHER CONTRACTOR REQUIREMENTS

C.3.1 Managerial and Administrative Support

C.3.1.1 The Contractor shall furnish all managerial and administrative support necessary to furnish the insurance under this contract.

C.3.1.2 The Contractor shall provide a representative for the daily administration of this contract. This representative will meet with the Contracting

Officer’s Representative (COR) as needed. The representative shall hand carry original documents, such as accident reports, to the Contractor’s office so that claims are received with the legally stipulated time of seven years. If the representative is absent, an alternate shall serve as a replacement. The alternate shall be familiar with this contract and all cases in progress.

C.3.2 Legal Assistance

C.3.2.1 If, and to the extent, authorized in advance by the United

States Department of Justice and requested by the Contracting Officer, the

Contractor shall provide legal services in case of any accidents that are brought into court involving vehicles covered by the Contractor’s policy. This service shall include adjudication and management of every case through final resolution, even if the insurance policy has expired before the time of final resolution. There shall be no additional charge for this service.

C.3.2.2 The Contractor shall inform the Contracting Officer immediately if third parties threaten legal action as a result of inability to settle any accident.

C.3.2.3 The fact that the Embassy enjoys diplomatic immunity shall not in itself be a sufficient reason for refusing to settle any insurance case.

C.3.2.4 The Contractor understands the publicity caused by undue delay may embarrass the United States Government. The Contractor must agree to take proper and discreet action to settle each accident on its merits.

C.4 REPORTS

C.4.1 Monthly. The Contractor shall submit an individual status report for every vehicle involved in an accident, whether the case is pending or resolved. These reports shall comply with Exhibit B. Each report shall cover information for the previous month.

C.4.2 Semi-Annual. The Contractor shall submit a report twice each year of all resolved cases explaining the circumstances and liability of the parties. This report shall cover the preceding six months.

C.4.3. List of Vehicles Covered. The Contractor shall update a complete list of all vehicles covered under this contract.

C.4.3.1 This list shall include, as a minimum, the following items:

• Serial number and brief description of vehicle

• Type(s) of coverage and annual premium for each type of coverage

C.4.3.2 The Contractor shall provide this list within ten (10) days of contract award. The Contractor shall update this list within ten (10) days of each contract modification that revises the vehicles to be insured.

C.5 CHANGES IN VEHICLES REQUIRING COVERAGE OR CHANGES IN

TYPES OR AMOUNTS OF COVERAGE REQUIRED

C.5.1 Notification to Contractor. The Contracting Officer will notify the

Contractor by letter, each time there is a change in the vehicles covered under the contract or a change in the types of coverage for any vehicles. This letter will request pricing from the Contractor. The Contractor shall have five (5) days to propose premiums.

The Contracting Officer will normally modify the contract bilaterally within ten

(10) days of the notification, presuming the parties can reach agreement on the premiums.

Only the Contracting Officer is authorized to add or remove vehicles from coverage or modify the type of insurance coverage for a vehicle, under this contract. The Contractor shall not add or remove vehicles or revise the type of coverage for any vehicles under this contract without written notification from the Contracting Officer.

C.5.2 Contract Modification. The contract modification will include:

• the vehicles added, removed and/or vehicles for which type of insurance coverage is changed

• effective date of coverage

• annual premiums and insurance coverage the Contractor shall provide.

C.5.3 Addition or Removal of Vehicles Covered. The Contracting Officer may add or remove vehicles insured under this contract at any time, during any of the periods of performance, under this contract.

C.6 ELIGIBLE PARTICIPATING AGENCIES

The agencies eligible for the vehicles insurance services are:

C.6.1 U.S. Embassy Jerusalem and all U.S. Government Agencies associated with the Embassy;

C.6.2

Agency of Economic Development (AID)

Open Source Center (OSC)

Defense Attaché Office (DAO)

Defense Contracts Management Area Office (DCMA)

Defense Contracts Audit Agency (DCAA)

USAFE

Office of Defense Cooperation (ODC)

Justice- Federal Bureau of Investigation (LEGATT)

Force Protection Detachment (FPD)

Army Corp of Engineers (USACE)

Army Training and Doctrine Command (TRADOC)

Air Mobility Command (AMC)

Homeland Security Investigations (DHS -ICE)

Missile Defense Agency (MDA – Arrow)

C.7 INSURANCE DECALS

The Contractor shall provide the stickers for all covered vehicles within ten (10) days of contract award or contract modification.

SECTION D

PACKAGING AND MARKING

RESERVED

SECTION E

INSPECTION AND ACCEPTANCE

E.1 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:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation

(FAR) is not available at the locations indicated above, use the Department of State

Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference (48

CFR CH. 1):

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.2. 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 Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold

Services.

Performs all vehicle insurance services set forth in the performance work statement

(PWS)

C.1 thru C.7 All required services are performed and no more than one

(1) customer complaint is received per month

E.2.1 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.

http://acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm http://www.statebuy.gov/home.htm

E.2.2 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 52.246-4, Inspection of

Services-Fixed Price (August 1996) if any of the services exceed the standard.

E.2.3 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.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force make their full text available. Also, the full text of a clause may be accessed

These addresses are subject to change. If the Federal Acquisition Regulation

(FAR) is not available at the locations indicated above, use the Department of State

Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference

(48 CFR CH. 1):

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 PERIOD OF PERFORMANCE

F.2.1 The performance period of this contract is from the start date listed in the

Notice to Proceed and continuing for twelve months.

F.2.2 The Government may extend this contract under FAR 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

F.3 DELIVERABLES

The Contractor shall delivery the following items under this contract:

Description Quantity Delivery Date Deliver to:

C.5. List of Vehicles Covered 1 10 days after event Contracting described in C.5 Officer

C.6.1. Monthly Report 1 5th of each month COR

C.6.2. Semi-Annual Report 1 5th of each month COR http://acquisition.gov/far/index.html http://www.statebuy.gov/home.htm

F.4 DELIVERABLE ADDRESSES

F.4.1 Reports to Contracting Officer. The Contractor shall deliver reports to the

Contracting Officer at the following address:

American Embassy Jerusalem

Embassy Branch Office Tel Aviv, Attn: Annex Herzelia

11 Galgalai Haplada St., Herzelia Pituach

F.4.2 Reports to Contracting Officer’s Representative (COR). The Contractor shall deliver reports to the Contracting Officer’s Representative at the following address:

Embassy Jerusalem

Embassy Branch Office Tel Aviv, Attn: Annex Herzelia

11 Galgalai Haplada St., Herzelia Pituach

F.5 NOTICE TO PROCEED. At the time of contract award, the Government will also issue a Notice to Proceed. This Notice to Proceed will establish a start date for providing the insurance services required under this contract. The Government will give the Contractor a minimum of ten (10) days to start providing services, unless both parties agree to an earlier start date.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 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 contract. 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 contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Embassy Branch Office Shipping Agent in charge of vehicles.

G.2 SUBMISSION OF INVOICES

G.2.1 The Contractor shall submit invoices in an original one copies to the

Contracting' Officer's Representative (COR) at the following address:

G.2.2 A proper invoice shall comply with the requirements of Section I.1, FAR

52.232-25, “Prompt Payment”.

G.2.3 Payment. The Government will make all payments in New Israeli Shekels

(NIS).

G.2.4 Timing of Payments. Payments under this contract will be made annually in advance after either: (1) The date of receipt of a proper invoice in the designated payment office, or (2) the decal(s) sticker(s) and insurance policy(ies) on all vehicles are accepted by the Government, whichever is later.

G.3 CREDITS AND REFUNDS

In the event that premiums have previously been paid for a vehicle subsequently removed from coverage or for a vehicles on which the cost of coverage has been subsequently reduced, all or any part of any resulting overpayment shall, in the sole discretion of the Contracting Officer, be:

• Applied as a credit against additional payments owed to the Contractor under the applicable contract, or;

• Refunded by the Contractor to the U.S. Government by certified bank check made payable to the U.S. Treasury. The bank check shall be remitted to:

American Embassy Jerusalem, Embassy Branch Office Tel Aviv

Attn: FMO Office, 71 Hayarkon St., Tel Aviv, Israel

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. INSURANCE POLICY

H.1.1 The Contractor’s insurance policy is incorporated into this contract as

Exhibit C of Section J.

H.1.2 The Contractor shall include an English translation of the original insurance policy without cost to the Government.

H.2 PERMITS

Without cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The

Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

H.3 STANDARDS OF CONDUCT

(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. 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 cost to the Government.

(b) 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 that interfere with normal and efficient Government operations.

(c) 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.

(d) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; and organizing or participating in gambling in any form.

H.4 SECURITY

H.4.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees who will require entry onto Government premises. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract.

H.4.2 Time Requirements. Within five days after contract award, the Contractor shall submit the following information for clearance for the Contractor’s representative and alternate.

H.4.3 Required Information. The Contractor shall complete and application form for each employee. This application will be provided by the COR.

SECTION I

CONTRACT CLAUSES

I.1. FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1)

CLAUSES

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

This contract incorporates the following clauses by reference, with the same force make their full text available. Also, the full text of a clause may be accessed

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48ch apter6.tpl see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference (48

CFR CH. 1):

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

http://www.arnet.gov/far https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (APR 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER

FIBER CONTENT PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2018)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2019)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS, Alternate I (JUL 2013)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA – MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (OCT 2010)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA--

MODIFICATIONS (OCT 2010)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS (APR 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

52.225-5 TRADE AGREEMENTS (FEB 2016)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL

2014)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

53.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

52.233-1 DISPUTES (MAY 2014), Alternate I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987), Alternate II (APR 1984)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019)

52.245-9 USE AND CHARGES (APR 2012)

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(SERVICES) (SHORT FORM) (APR 1984)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

The following are Federal Acquisition Regulation clause(s) is/are incorporated in full text:

I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within the performance period of the contract.

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

I.4 RESERVED

I.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September

30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond

September 30 of the current calendar year, until funds are made available to the

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

1.6 DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR)

CLAUSES INCORPORATED IN FULL TEXT

I.6.1 652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION

ACT OF 1979, as amended (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50

U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The

Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of

Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such

U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden

``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of

Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;

(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.

I.6.2 CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME

Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

3) Contractor personnel may not utilize Department of State logos or indicia on business cards.

I.6.3 DOSAR 652.229-71 PERSONAL PROPERTY DISPOSITION AT

POSTS ABROAD (AUG 1999)

Regulations at 22 CFR Part 136 require that U.S. Government employees and their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes. Should the Contractor experience importation or tax privileges in a foreign country because of its contractual relationship to the United States Government, the Contractor shall observe the requirements of 22 CFR Part 136 and all policies, rules, and procedures issued by the chief of mission in that foreign country.

I.6.4 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

I.6.5 652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. All modifications to the contract must be made in writing by the contracting officer.

SECTION J

LIST OF ATTACHMENTS

Exhibit A - CONTRACTOR’S MONTHLY AND BI-ANNUAL STATUS REPORTS

Exhibit B - CONTRACTOR’S INSURANCE POLICY FOR THIRD-PARTY

LIABILITY COVERAGE- BODILY INJURY AND THIRD-PARTY

LIABILITY – PROPERTY DAMAGE

EXHIBIT A

CONTRACTOR’S MONTHLY AND SEMI-ANNUAL STATUS REPORTS

These reports shall, as a minimum, contain the following information:

- Date and place of accident

- Embassy driver involved

- Identification and license plate of Embassy vehicle

- Type of coverage

- Which party is liable for the accident and why

- Name and address of adverse party

- Name and address of adverse insurance company

- Current status of settlement, if pending explain why

- If a case is settled, give date of settlement, name of party who was reimbursed

- Date of reimbursement

- In case settlement payment is made directly to a garage, date of payment

EXHIBIT B

CONTRACTOR’S INSURANCE POLICY(IES)

FOR THIRD-PARTY LIABILITY COVERAGE – BODILY INJURY

AND

THIRD-PARTY LIABILITY COVERAGE – PROPERTY DAMAGE

To be added at time of contract award.

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE

DETERMINATION.

(APR 1985)

(a) The offeror certifies that -

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above

____________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

K.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007)

(a) Definitions. As used in this provision – “Lobbying contact” has the meaning provided at 2 USC 1602(8). The terms “agency”, “influencing or attempting to influence”, “officer or employee of an agency”, “person”, “reasonable compensation”, and “regularly employed” are defined in the FAR clause of this solicitation entitled

Limitation on Payments to Influence Certain Federal Transactions (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal

Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of

1995 have made a lobbying contract on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its officer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 USC 1352. Any persons who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $150,000, for each failure.

K.3 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements – Representation (JAN

2017)

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent", as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)", as used in this provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification

Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision in order to comply with debt collection requirements of 31 U.S.C.

7701(c) and 3325 (d), reporting requirements of 26 USC 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (3l USC

7701( c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN)

TIN:

TIN has been applied for

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.

Offeror is an agency or instrumentality of a foreign government

Offeror is an agency or instrumentality of the Federal Government

(e) Type of Organization

Sole Proprietorship

Partnership

Corporate Entity (not tax exempt)

Corporate Entity (tax exempt)

Government entity (Federal, State or local)

Foreign Government

International organization per 26 CFR 1.6049-4

Other:

(f) Common Parent

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

Name and TIN of common parent

Name

TIN

K.5 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring,…