Solicitation___19JO1018Q0005.pdf

RFQ # 19JO1018Q0005

SF-1449

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number 19JO1018Q0005, Prices, Block 23

Continuation To SF-1449, RFQ Number 19JO1018Q0005, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 5 - Representations and Certifications

Representations and Certifications

Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19-JO10-18-Q-0005

PRICES BLOCK 23

MONTHLY SUBSCRIPTION PLAN

1. SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Amman - Jordan. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

Temporary Additional Services are defined as rental on a daily basis of a cell-phone with a

SIM card. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract. The Contracting Officer shall order Temporary Additional Services on an as needed basis. This work shall not be subcontracted. The Contracting Officer may require the

Contractor to provide Temporary Additional Services with 24 hour advance notice.

The Contractor shall include in its next regular invoice details of the Temporary Additional

Services and, if applicable, the materials provided and requested under these services. The

Contractor shall also include a copy of the Contracting Officer’s written confirmation for the

Temporary Additional Services.

II. PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with four year options to renew.

III. PRICING

Monthly Subscription Plan

III. A.1. Standard Services - Base Year of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)

Description * Estimated Yearly

QTY

Unit Unit Price

( JD)

Total Yearly

Price ( JD)

1 Service Rate Subscription Plan.

Fixed rate Billed Monthly

1800 cell phones lines

Cell Phone

Line

2 Service Rate Subscription Plan.

1200 Data (smart) phones lines

Data (Smart) phone Line

Local Calls

3 3A. To Embassy Group

100 Per minutes

3B. To same local network

3C. To other local network

3D. To local Landline

International calls

4 4A. Washington, DC

100 Per minute

4B. Other Areas

International Roaming

5 5A.Washington, DC 100 Per minute

5B.Other Areas 100 Per minute

Base Year Grand Total for Standard Service =

Line items: 1 + 2 + 3A +3B +3C + 3D + 4A + 4B + 5A + 5B

III. A.2. Temporary Additional Services - Base Year of Service (The unit price set forth below is a price per day per phone.)

Description * Estimated Yearly

QTY

Unit Unit Price daily

( JD)

Total Yearly

Price ( JD)

1 Rent a cell phone W/SIM card

500 Cell phone with SIM

Base Year Grand Total for Temporary Additional Service

Base Year Grand Total for All Services

III. B.1. Standard Services – First Option Year of Service - Estimated Quantities (The first option year of the contract and continues for a period of 12 months.)

Description * Estimated Yearly

QTY

Unit Unit Price

( JD)

Total Yearly

Price ( JD)

3B. To local Landline

First Option Year Grand Total for Standard Service =

III. B.2. Temporary Additional Services – First Option Year of Service (The unit price set forth below is a price per day per phone.)

Description * Estimated Yearly

QTY

Unit Unit Price daily

( JD)

Total Yearly

First Option Year Grand Total for Temporary Additional Service

First Option Year Grand Total for all Services

III. C.1. Standard Services – Second Option Year of Service - Estimated Quantities (The first option year of the contract and continues for a period of 12 months.)

Description * Estimated Yearly

QTY

Unit Unit Price

( JD)

Total Yearly

Price ( JD)

Second Option Year Grand Total for Standard Service =

III. C.2. Temporary Additional Services – Second Option Year of Service (The unit price set forth below is a price per day per phone.)

Description * Estimated Yearly

QTY

Unit Unit Price daily

( JD)

Total Yearly

Second Option Year Grand Total for Temporary Additional Service

Second Option Year Grand Total for all Services

III. D.1. Standard Services – Third Option Year of Service - Estimated Quantities (The first option year of the contract and continues for a period of 12 months.)

Description * Estimated Yearly

QTY

Unit Unit Price

( JD)

Total Yearly

Price ( JD)

Third Option Year Grand Total for Standard Service =

III. D.2. Temporary Additional Services – Third Option Year of Service (The unit price

Description * Estimated Yearly

QTY

Unit Unit Price daily

( JD)

Total Yearly

Third Option Year Grand Total for Temporary Additional Service

Third Option Year Grand Total for all Services

III. E.1. Standard Services – Fourth Option Year of Service - Estimated Quantities (The first option year of the contract and continues for a period of 12 months.)

Description * Estimated Yearly

QTY

Unit Unit Price

( JD)

Total Yearly

Price ( JD)

1800 cell phones Cell Phone

1200 Data (smart) Data (Smart)

Fourth Option Year Grand Total for Standard Service =

III. E.2. Temporary Additional Services – Fourth Option Year of Service (The unit price

Description * Estimated Yearly

QTY

Unit Unit Price daily

( JD)

Total Yearly

Fourth Option Year Grand Total for Temporary Additional Service

Fourth Option Year Grand Total for all Services

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

Year Price in Jordanian Dinars

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

GRAND TOTAL FOR BASE + ALL OPTION YEARS

During this contract period, the Government shall place orders totaling a minimum of 500 activations. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 3000 activations. This reflects the contract maximum for this period of performance.

CONTINUATION TO SF-1449

RFQ NUMBER 19JO1018Q0005

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

This solicitation is for mobile telephone services. The U.S. Embassy is using around 2500 lines for official purposes. The Contractor shall provide complete mobile telephones services for the U.S. Embassy in Amman, Jordan. Services provided shall include:

Mobile Telephone Equipment

Calls within the country of Jordan

International Calls

International Roaming, to include calls and data

Wireless Application Protocol (WAP)

SMS Messaging

Voice Mail

Rental of Cell-phones, with or without SIM Cards

24-hour Customer Service

Detailed Billing of Calls Made

Grouped Service Packages

Data Service

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

To the maximum extent possible, the Contractor shall ensure that current mobile telephone numbers are maintained. This includes assigning cell phone numbers which have the same final seven numbers as the Embassy’s currently used numbers. For example, a cell number of

079 830-1234 would become 0## 830-1234.

EQUIPMENT PACKAGE: For TDY and VIP personnel only

The basic package shall include, but is not limited to, the following items:

Mobile Phone

Batteries (at least Li-Ion)

Battery Charger, Fixed Hands-Free Kit

Personal Hands Free Unit

Belt Clip or Pouch

User Manual

Safety Certificate and Brochures

1.2 CALLS WITHIN Jordan

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around

Northern and Southern part of Jordan, Amman, Dead Sea, Aqaba with special consideration to all urban areas and main traffic routes.

1.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, and all other worldwide countries where telephone services are available.

1.4 INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with focus on the Middle East, Europe, Turkey, Thailand, and the USA. The contractor shall provide immediate e-mail notification to the Embassy Contracting Officer Representative

(COR) whenever international charges exceed JD 100.0 on any number.

1.5 WIRELESS APPLICATION PROTOCOL (WAP)

The Contractor shall provide Internet connection through their network to Wireless

Application Protocol (WAP) Internet sites.

1.6 SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.7 VOICE MAIL

The Contractor shall provide Voice Mail services in English and Arabic Language. A Voice

Mail Box shall be prepared for each number separately as per standard practice.

1.8 RENTAL OF CELL-PHONES WITH SIM CARDS

The Contractor shall provide up to 100 cell-phones for rent within one day of notice according to Government needs, for official visits. Included with the cell-phone should be a

SIM card and English instruction manual, batteries, and a phone charger.

1.9 CUSTOMER SERVICE

The Contractor shall provide technical support for setting up voice mail, roaming, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.

1.10 CATEGORY OF SERVICES

As a further clarification of the services being requested, the American Embassy differentiates between Official and VIP. This distinction must be clearly understood and is key to the billing of services and the designation of responsibility for payment. Contractors must be able to establish within their billing systems the ability to identify, implement, and respect these billing nuances.

Official services are carried in the name of the American Embassy and/or U.S.

Government agencies working within the framework of the American Embassy. The

American Embassy (or one of its agencies) is solely responsible for the payment of these services.

VIP services are of limited duration and are needed to support the official visit to

Jordan of U.S. Government delegations and representatives. VIP services require expedited installation and pro-rated billing to reflect only the timeframes of use.

Depending upon the size of the VIP contingent, requested services could include cell phone rental service, if required, and will be identified when the service is requested.

1.11 GROUPED SERVICE PACKAGES

1.11.1 Within the Official billing of services described in 1.10.1 above, the contractor must be able to provide different levels of service or plans to different Groups – or tier levels – as designated by the U.S. embassy. The U.S. embassy at its sole discretion reserves the right to designate certain groups of lines as falling within one of the following groups:

1.11.2

Group 1: Lines designated by the U.S. Embassy as Group 1 lines shall receive the highest-level of service provided by the Contractor. These lines shall be subject to unlimited calls within Jordan, unlimited international calls and unlimited roaming, unlimited

WAP and SMS messaging, and unlimited voicemail and data services. Lines in

Group 1 shall never be disconnected by the Contractor for any reason. If line is disconnected, COR reserves the right to reactivate the line at their sole discretion.

Group 2: Lines designated by the U.S. Embassy as Group 2 lines shall be subject to a 500

JOD monthly limit. These lines shall be subject to unlimited calls within Jordan, unlimited international calls and unlimited roaming, unlimited WAP and SMS messaging, and unlimited voicemail and data services until such unlimited services reach a monthly cap of 500 JOD. Once these lines reach a monthly cap of 500 JOD, all data services will be discontinued for the remainder of the month. Other services will remain unaffected. If data services are discontinued, COR reserves the right to reactivate data services at their sole discretion. On the first day of the following month, all services – including data services – will be reinstated to unlimited service until the monthly cap of 500 JOD is reached. If the 500 JOD cap is not reached in any given month, the line shall remain subject to unlimited services as described above for the entire month.

Group 3: Lines designated by the U.S. Embassy as Group 3 lines shall be subject to a 100

JOD monthly limit. These lines shall be subject to unlimited calls within Jordan, unlimited international calls and unlimited roaming, unlimited WAP and SMS messaging, and unlimited voicemail and data services until such unlimited services reach a monthly cap of 100 JOD. Once these lines reach a monthly cap of 100 JOD, all data services will be discontinued for the remainder of the month. Other services will remain unaffected. If data services are discontinued, COR reserves the right to reactivate data services at their sole discretion. On the first day of the following month, all services – including data services – will be reinstated to unlimited service until the monthly cap of 100 JOD is reached. If the 100 JOD cap is not reached in any given month, the line shall remain subject to unlimited services as described above for the entire month.

Group 4: Lines designated by the U.S. Embassy as Group 4 lines shall not have accessibility to data service. These lines shall be subject to calls limited to the greater Amman, Jordan metropolitan area, limited SMS messaging and voicemail. Lines in Group 4 shall have no “smart” features.

1.11.3 The contract shall be able to support different Equipment Packages as described in

Section 1.11.1 above for different Groups. For example, lines in Group 1, 2, and 3 may be assigned a Blackberry device. Whereas, lines in Group 4 may be assigned a

“non-smart” mobile phone.

2. INVOICING

(a) The Contractor shall submit monthly invoices to the COR at the addresses shown in paragraph d below. A proper invoice must include the following information:

- Contractor's name and bank account information for payments by wire transfers

- Invoice Date

- Contract Number

- A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency has to be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule

- The Contractor shall provide a monthly breakdown of calls made by individual numbers. The breakdown shall clearly show:

o Called Number o Time and Date of the Call o Duration of the Call o Cost of the call o Whether the call was completed from within the Jordan network or while roaming

- Prompt payment discount, if any

- Name, title, phone number, and address of person to contact in case of defective invoice

- List showing how much data was used for each line during the billing cycle

(b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor must then submit a proper invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) The Contractor will send all invoices to the following address:

Email: Ammanbilling@state.gov

(e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within

30 days after receipt of the proper invoice.

(f) The Government will provide annual proof of a direct exemption of Value Added Tax

(VAT); according to host country VAT laws.

Billing

Invoices for services provided during a billing cycle shall be prepared regularly and routinely and shall be made available to the American Embassy within a fixed time period (as specified by the Contractor, but not to exceed 30 days) following the close of the billing cycle. The Embassy shall have 30 days from receipt of the invoices to process and pay the bills. Invoices that are being disputed or questioned by the

American Embassy are exempt from the payment window. Delays on the part of the

Contractor in delivering invoices shall not incur late charges and shall not result in interruption or disruption of services. If so requested by the Embassy, the Contractor shall extend a minimum 30-day payment grace period to the American Embassy.

Every phone, regardless of the type of service, will be covered by a separate bill with a unique customer/client number. All bills will be itemized with detailed call listings

3. KEY PERSONNEL

3.1 The Project Manager must be able to converse in English and Arabic. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION ___________________ NAME _________________

Project Manager

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days mailto:Ammanbilling@state.gov after the occurrence of any of these events and provide the information required below to the

Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the

Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting

Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

4. PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Jordanian country laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment and Accessories, including mobile devices except for VIP visitors, as noted above. The Contractor shall provide a fully functional SIM card, telephone number, and appropriate security codes for all existing Government cell-phones.

6. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes to the COR within 24 hours after receiving a delivery order under the contract.

7. NON-OFFICIAL LINES

This Contract is valid only for official Government needs. No resources which would have been used to service this contract shall be used for any other services which would have been provided to embassy personnel in their personal capacities, with one exception: Contractor representatives coming to the embassy as described in section 14.

8. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

9. TECHNOLOGICAL REFRESHMENT

After contract award, the Government may - pursuant to FAR clause 52.212-4 - Contract

Terms and Conditions –Commercial Items, paragraph (c), Changes - request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Government’s technological refreshment, substitutions, or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The

Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

(a) The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

(b) The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

(c) The proposal shall discuss the impact on hardware, services, and delivery schedules.

The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

10. SPECIAL SHORT TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S.

Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity. Any voice and data rates reduction due a short term promotion will be applied to this contract.

11. DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and services to the

Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within 7 days.

11.1 Start of or Change to Service

Official service requests for new service or service modifications will be initiated by the American Embassy’s designated Contracting Officer’s Representative(s) (COR) as

Task Orders. The American Embassy will not be liable for official activities that are provided by the Contractor without benefit of a documented Task Order.

VIP service requests will be initiated by the American Embassy’s designated

Contracting Officer’s Representative(s) (COR) as Task Orders, but may be initially passed to the Contractor as a telephone call with a follow-up email (within 24 hours) due to the short turnaround timeframe frequently associated with VIP service requests.

In such cases, the American Embassy will honor the email from the COR and any resulting charges incurred.

11.2 Installation

Contractors should identify an installation timeframe for each type of communication service covered under contract. A ninety percent (95%) on-time rate is required;

failure to meet the specified installation timeframe in five percent (5%) or more of product or service installations shall be grounds for termination of contract (or that aspect of an overall contract, at the discretion of the American Embassy).

12. TRAINING

The Contractor shall provide, at no additional cost, training to all U.S. Embassy employees who received a mobile phone. Training to be provided will include the proper operation of the equipment purchased and the equipment’s operating features. The training will be coordinated with the COR to match the U.S. Embassy work schedule.

13. EQUIPMENT RETURN/DEFECTIVE POLICY

If a telephone is defective or is being returned, the telephone will be exchanged within 5 business days. For security reasons, the U.S government has the right to keep the used smart phones; the contractor shall replace the defected used smart phones at no cost.

14. CUSTOMER SERVICE CENTERS

Large account, business class support is required and expected during normal business hours of 800h to 1700h AST. Contractors should respond to a customer service/trouble call within a 3 hour timeframe for each type of communication service covered under contract, as well as resolve all billing matters within five (5) business days. A ninety five percent (95%) on-time rate is required; failure to meet the specified customer service/trouble call response timeframe in ten percent (10%) or more cases shall be grounds for termination of contract (or that aspect of an overall contract, at the discretion of the American Embassy). A mechanism for emergency after-hours support should also be established.

Contractors should establish a liaison or point of contact for the American Embassy account.

This person should have authority to deal with problems and issues governing technical problems, installation matters, billing queries, etc. and should be empowered to escalate problems that are not being resolved within the established timeframes. Alternately, Contractors may choose to identify separate points of contact for technical issues, for billing queries, and for orders, installations and general business matters, each with the authority to escalate matters. All points of contact for the American Embassy must be conversationally fluent in English and Arabic.

Contractor’s representative is required to be at the Embassy twice a week at a fixed time and day. The Contractor’s representative shall be present on the Embassy premises for a period of at least three hours per visit in order to provide service and answer questions. This representative may also sell services to embassy employees for use in their personal capacities, provided the prices they receive are at least as low as normal market rates.

15. SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed. The Contractor shall have a recovery plan in place that shall deal with such occurrences.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The

QASP provides a method for the Contracting Officer's Representative (COR) to monitor

Contractor performance, advise the Contractor of unsatisfactory performance, and notify the

Contracting Officer of continued unsatisfactory performance. The Contractor, not the

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

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all mobile telephone services set forth in the scope of work.

1. thru 19.

All required services are performed and no more than three (3) customer complaints are received per month.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL

ITEMS (JAN 2017), is incorporated by reference (See SF-1449, Block 27A).

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (JUL 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 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 items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

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

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

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

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov

2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15

U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women-Owned Small Business

Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer

Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency

Area (Nov 2007) (42 U.S.C. 5150).

X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter

67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the

Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause

52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

(29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.

4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C.

chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

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://www.acquisition.gov/far/ 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 https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapte r6.tpl to see the links to the FAR. You may also use an internet “search engine” (i.e., Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE

(DEC 2012)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE

2013)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the

Schedule. Such orders may be issued from date of award through base period or option periods if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the

Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm 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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500 lines, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 6000 lines;

(2) Any order for a combination of items in excess of 6000 lines; or

(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one day after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that…