19KV4224Q0012- BPA - Make Ready - Cleaning services for Embassy Residences.pdf

U.S. Embassy Pristina

May 16, 2024

SUBJECT: Request for Quotations # 19KV4224Q0012

Dear Prospective Quoter:

Enclosed is a Request for Quotations (RFQ) for cleaning services at U.S. Embassy Pristina leased residences, as provided in the schedule. If you would like to submit quotation, follow the instructions in

Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award Blanket Purchase Agreement(s) (BPAs) to those firms that are technically acceptable, responsible, and clearly intend to sell services to the U.S. Government at market prices or below. Interested offerors need to know that the U.S. Government may award multiple BPAs.

The U.S. Government will only award to the number of BPAs, the U.S. Government believes is sufficient to meet needs and regulatory competition requirements. The Government may award the BPA(s) based on the initial offers without discussions.

Quotation submitted in hard copy must be sent in a sealed envelope marked "Quotation Enclosed for

19KV4224Q0012, Interior Painting Services EPA" to Barbara Grub, Contracting Officer; 4 Korriku # 25; 10000

Pristina; Kosovo.

Or;

Quotations submitted in soft copy must be sent through an electronic commerce method authorized by the solicitation (e-mail) to the U.S. Government no later than the due date and time specified above. If your quotation is submitted electronically to PristinaProcurement@state.gov make sure the submission is in Adobe Acrobat (pdf) file format. The file size must not exceed 50MB. If the file size should exceed 50MB, the submission must be made in separate files and attached to separate emails not exceeding 50MB each.

For a quotation to be considered, you must also complete and submit the following:

1. SF-1449 (blocks 17 and 30a, b, c)

2. Additional information as required in Section 3

3. Compliance with evaluation factors outlined in Section 4

4. Section 5 - Representations and Certifications

5. Proof of SAM Registration

Note: Offerors must be registered in the SAM database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror's proposal to be considered non- responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Direct any questions regarding this solicitation to PristinaProcurement@state.gov

Sincerely, Barbara Grub

Contracting Officer mailto:PristinaProcurement@state.gov http://www.sam.gov/ mailto:PristinaProcurement@state.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

19KV4224Q0012

6. SOLICITATION ISSUE DATE

04/16/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Burim Buza

b. TELEPHONE NUMBER(No collect calls)

+3833859593282

8. OFFER DUE DATE/ LOCAL

TIME

05/12/2024, 15:00 LT

9. ISSUED BY CODE 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

SERVICE-DISABLED EDWOSB

VETERAN-OWNED

SMALL BUSINESS

8 (A) SIZE STANDARD:

AMERICAN EMBASSY

PRISTINA 4 KORRIKU # 25

10000 PRISTINA, KOSOVO

ATTN: GSO/PROCUREMENT

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

(IF APPLICABLE)

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY

PRISTINA 4 KORRIKU # 25

10000 PRISTINA, KOSOVO

ATT: PristinaProcurement@state.gov

BARBARA GRUB

CONTRACTING OFFICER

AMERICAN EMBASSY PRISTINA

17. Contractor/Offeror CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

AMERICAN EMBASSY PRISTINA

4 KORRIKU # 25

10000 PRISTINA, KOSOVO

ATT # FMO PristinaInvoice@state.gov

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (if applicable)

24.

AMOUNTS PER

ANNUMS

1 Blanket Purchase Agreement for cleaning services at the U.S. Embassy Pristina leased residencies.

See attached terms and conditions and FAR/DOSAR Clauses.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND SUBMIT TO

PristinaProcurement@STATE.GOV. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Barbara Grub – Contracting Officer

31c. DATE SIGNED

Standard Form 1449 mailto:PristinaInvoice@state.gov mailto:%20PristinaProcurement@STATE.GOV.

mailto:%20PristinaProcurement@STATE.GOV.

TABLES OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation to SF 1449, BPA Schedule of Supplies/Services, Block 20

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 clauses not prescribed in Part 12

SECTION 4 - EVALUATION FACTORS

• Evaluation Factors

SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications

SECTION 1 - THE SCHEDULE

BLANKET PURCHASE AGREEMENT

CONTINUATION TO SF 1449, BPA

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

ESTABLISHED BETWEEN U.S. EMBASSY

PRISTINA AND THE BPA HOLDER:

1. BPA Number (TBD)

The American Embassy in Pristina invites you to enter into this BPA that establishes the terms and conditions applicable to future purchases of cleaning services at the U.S. Embassy Pristina leased residences. The contractor, here and after referred to as “BPA Holder” shall provide services as per enclosed statement of work.

2. Expiration Date:

BPA expires on 5 (five) calendar years after award date stated on SF-1449, block 3.

3. Embassy Estimate:

The Embassy estimates that the volume of purchases through this agreement will be up to $250,000.00 or an equivalent amount in local currency.

4. Terms and Conditions:

- The Embassy is not obligated to purchase any definite amount under this agreement.

- No single purchase will exceed $10,000 (Micro-purchase threshold) or the equivalent in local currency.

- The total amount ordered under this agreement will not exceed $250,000 or the equivalent in local currency.

- The prices to the Government shall be as low or lower than those charged your most favored customers for comparable quantities under similar terms and conditions, in addition to any discount for prompt payment.

5. Authorized Employees

The following employees (BPA Callers) are authorized to place orders:

Name

Job Title

Dollar Limitation

(or the equivalent in local currency KGS)

TBD TBD $10,000.00

TBD TBD $10,000.00

TBD TBD $10,000.00

TBD TBD $10,000.00

No other employee may place an order against this BPA unless authorized in writing by the Contracting

Officer.

6. Invoices

The BPA holder shall submit an invoice upon completion of services. Improper or incorrect invoices shall be returned to BPA holder.

The BPA holder must submit invoices to the following e-mail address:PristinaInvoice@state.gov ensure compliance with FAR Part 32.9 Prompt Payment Act.

7. FAR and DOSAR Clauses

The FAR and DOSAR clauses attached to this BPA shall apply to all purchases made under this BPA. In the event of an inconsistency between the provisions of this BPA and your invoice, the provisions of the

BPA shall take precedence.

mailto:PristinaInvoice@state.gov

CONTINUATION TO SF 1449, BPA

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

STATEMENT OF WORK

1. GENERAL - The BPA holder shall provide cleaning service at the U.S. Embassy Pristina leased properties for various types of residential make ready cleaning to prepare the residences for the arrival of incoming American Embassy personnel and/or for cleaning residences after Embassy personnel have departed. The BPA Holder shall furnish all managerial, administrative and cleaning personnel, equipment, and cleaning supplies to perform the services. The area of the residences subject to this BPA ranges from

100 square meters to 400 square meters.

INTERIOR CLEANING - The BPA holder shall provide make ready cleaning of Embassy leased residences including the cleaning of all rooms within the premises. Specific cleaning requirements shall include but not be limited to:

a) Scrubbing hard surface marble and tile floors with a rotary floor scrubber, or if not available a mop and scrub brush where necessary. Detailed cleaning, sweeping and damp mopping all floor areas including: tiles, hardwood floors, linoleum, marble floors, staircases, hallways, wash rooms, storage rooms, laundry rooms, servants rooms, entryways, terraces, balconies, dipping pools, saunas and other public areas. Cleaned floors shall be free of dust, mud, sand, footprints, liquid spills, and other grime.

Chairs, trash receptacles, and easily moveable items shall be tilted or moved to clean underneath. Cleaning

(mopping) water shall be changed frequently such that dirt is removed and not redistributed. Dirty water shall be disposed of in toilets or laundry sinks and NEVER in kitchen sinks or other fixtures where food is prepared. When the cleaning is finished, hard surface floors shall be given a light final mopping.

b) Thorough cleaning of all furniture including but not limited to desks, chairs, credenzas, computer tables, telephone tables, bookshelves with or without glass doors, wardrobes, closets, built in drawer units, coat racks, umbrella stands, pictures, maps, telephones, computer and computer/TV screens, lamps, lamp shades and other common furnishings found in a residential environment, including balcony furniture.

Insides of cabinets and drawers shall also be dusted and wiped with a damp cloth. All furniture shall be free of dust, dirt, and sticky surfaces.

c) Thorough cleaning of kitchen/kitchenette areas with cleaning of all working surfaces, countertops, tiles, kitchen cabinets, stoves, ovens, and other appliances, including inside and outside.

d) Thorough cleaning of lavatories, sinks, bathtubs, showers, bidets, toilets, bathrooms, mirrors, other sanitary fixtures and shower facilities, using suitable non-abrasive cleaners and disinfectants. All surfaces shall be free of grime, soap scum, mold, and smudges. Pails, brushes, sponges, cloth rags, etc. that are used to clean toilets, bidets, urinals, bathtubs and showers shall not be used to clean lavatory sinks, kitchen sinks, kitchen countertops or other sanitary areas.

e) Thorough cleaning and removing any dirt marks or fingerprints from walls, electrical switch and device wall plates, radiators, doors, door frames, windows (inside and outside), window frames, window screens, window coverings, window blinds, window grills and terrace fences, glass desk protectors and other visible surfaces. Cleaning also includes dusting and wiping of all light fixtures and chandeliers.

f) Dry cleaning of draperies, sheers, and blackout curtains, including taking down the curtains to be cleaned and re-hanging them after they have been cleaned. The cleaning shall be performed with mild chemicals without causing damage.

g) Detailed cleaning, vacuuming, steam cleaning and/or shampooing of all upholstered furniture, rugs, carpets so that they are free from stains, dust, dirt, hair, etc. Items to be cleaned shall include but not be limited to: different type of sofas and stuffed chairs, sofa pillows, dining room chair, chair cushions, carpet floorings, runners, and carpet protectors and bed mattrasses. Cleaning of all upholstered furniture shall be with mild chemicals and with dry extraction type machines. Cleaning of furniture shall be performed in residences or Embassy warehouse. The BPA holder shall move any chairs, trash receptacles, and easily moveable items to vacuum underneath, and return them in their original position after the cleaning. Vacuum cleaners shall be of modern design and in good condition with rotating brush attachments for cleaning carpets and upholstered furniture without causing damage. Vacuum canisters shall be emptied and filters cleaned/replaced frequently so that the equipment works properly, provides suitable vacuum, and does not blow dust into the air. Dirty water shall be disposed of in toilets or laundry sinks and NEVER in kitchen sinks or other fixtures where food is prepared. When completed, vacuumed areas and furniture shall be free of all stains, litter, lint, hair, loose soil and debris.

l) non-scented cleaning products be used when possible (particular in the section on draperies/sheers/curtains)

Upholstered furniture and dining room chair cleaning shall be billed based on the rate indicated in the price list per number of seats.

Cleaning rugs/carpets, dry cleaning draperies and curtains shall be billed based on the rate indicated in the price list per square meters.

Interior cleaning shall be billed based on the rate indicated in the price list per the gross square meters of the property according to the floor plan provided by the GSO Housing Unit.

Upon completion of interior cleaning services, all surfaces, furniture, and furnishings shall be dry and have uniform appearance with no stains, streaks, smears, swirl marks, detergent residue, lint, loose soil or any evidence of remaining dirt or water. Premises shall be free of a litter, cleaning materials leftovers, or other similar debris.

EXTERIOR CLEANING - The BPA holder shall provide exterior cleaning of Embassy leased residences that includes but is not limited to: one-time professional grounds maintenance of all lawn and yard areas, pruning of shrubbery, removing weeds from garden, cleaning back patios, patio furniture, outdoor barbeque areas, garage and outdoor storage areas and courtyards from debris, sweeping, washing with hoses of all hard surfaces, including balconies, swimming pools, garage floors, driveways, walkways, sidewalks, curbs, gutters, and gravel areas, exterior window sills, exterior glass walls, including the removal of all garbage after the cleaning process. In winter conditions, grounds maintenance will include removal the snow from the access pathways, driveways, patios, barbeque areas, and balconies.

Exterior cleaning shall be billed based on an approved pre-work survey.

PRESSURE WASHING - The BPA holder shall provide exterior pressure washing of Embassy leased residences that includes but is not limited to washing: house walls, perimeter walls, driveways, walkways, swimming pools, garage floors, exterior window sills, patios, and patio furniture.

Pressure washing shall be billed based on an approved pre-work survey as needed.

2. ENGLISH SPEAKING REPRESENTATIVE - The BPA holder shall designate an English speaking representative who shall supervise the BPA holder's workforce and be the BPA holder's liaison with the

U.S. Embassy. If no English speaking representative is available, the BPA holder will select a representative that will liaise with the “Authorized Employees” (BPA Callers).

3. PERSONNEL - The BPA holder shall be responsible for providing qualified cleaners with sufficient experience to perform these services. All BPA holder’s employees shall have all of the benefits, pay, insurances and all other privileges accorded to a labor code of Kosovo. The BPA holder's employees shall be on site only for contractual duties and not for any other business or purposes. All personnel assigned by the BPA holder for the performance of the respective services shall be regular employees of the BPA holder, and shall be supervised by the BPA holder.

4. SUPERINTENDENCE BY BPA HOLDER - The entire operation of the contracted services shall be superintended by the BPA holder's bilingual (English) Supervisor. The Supervisor shall coordinate the performance of the contracted services with the needs of the U.S. Government. The Supervisor, or a qualified assistant, shall be on duty and on the job while the work is in progress. The

Supervisor shall also superintend the performance of the contracted services on Saturdays, Sundays, and holidays.

5. QUALITY ASSURANCE - The BPA holder shall institute an inspection system including the checklists of cleaning activities to be carried out by its employees. The BPA holder’s supervisor shall be responsible to inspect the work, fill in, and sign the checklist. A copy of the completed checklist, signed and dated by the supervisor, shall be submitted for each cleaning job with the BPA holder’s billings as proof that the work has been performed, inspected, and is in accordance with the requirements of this BPA.

6. INSPECTION BY GOVERNMENT - The services being performed hereunder and the supplies and cleaning equipment being used may be inspected by the Embassy’s representative to determine that all work is being performed in a satisfactory manner, and that all equipment supplies and services are of acceptable quality and standards. The BPA holder shall be responsible to immediately remedy any unacceptable work or conditions within the scope of this BPA. The “Authorized Employees” (BPA

Callers) are responsible for inspection and acceptance of services. These duties include review of BPA holder invoices, including the supporting documentation required by the BPA. The BPA Callers may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the BPA.

7. WORKING HOURS - The BPA holder shall perform all work during 8:30 - 17:00, Mondays through Fridays mainly, in the exceptional cases from 08:00 till 20:00 including the weekends and holidays. The Contracting Officer may approve other hours. The BPA holder shall give 24 hours advance notice to the Contracting Officer, who may consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase if initiated by the BPA holder.

8. RESPONSIBILITY OF BPA HOLDER / DAMAGE TO PERSONS OR PROPERTY

The BPA holder shall be responsible for all damages to persons or property that occur as a result of the

BPA holder's fault or negligence. The BPA holder shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

The BPA holder agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the BPA holder,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the BPA holder's performance of this BPA.

The BPA holder shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government. The BPA holder shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work that may have been accepted in writing under the

BPA.

9. SAFETY - The BPA holder shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to BPA holder operations and activities; avoid interruptions of Government operations and delays in project completion dates; and, control costs in the performance of this BPA. The Contractor is responsible for meeting all regulations and for providing a safe and healthy workplace for its employees.

For these purposes, the BPA holder shall:

(1) Complete a Job Hazard Analysis (JHA) form for each activity associated with the contract;

(2) Provide appropriate safety barricades, signs and signal lights;

(3) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and,

(4) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.

(5) The Contracting Officer shall specify in writing additional requirements regarding safety if the work involves:

(i) Scaffolding;

(ii) Work at heights above 1.2 meters (120 cm);

(iii) Work in confined spaces (limited exits, potential for oxygen less than 19.5% (percent) or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

(iv) Hazardous materials - a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or

---END OF SCOPE OF WORK---

SECTION 2 - CLAUSES FOR BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS— COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553)

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

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

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

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

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

(OCT 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) ) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

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

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)

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

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

(ii) Alternate I (MAR 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C.

637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

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

(OCT 2022) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022)

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

(ii) Alternate I (MAR 2020) of 52.219-28.

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

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (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 (OCT 2022) (15

U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022)

(E.O.13126).

(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

(ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

(35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

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

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

(40) (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.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

(43) (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.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022)

(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(52) 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. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

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

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

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

(NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) 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) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price

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

(5) 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).

(6) 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).

(7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 and E.O. 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)

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

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

(xx) 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. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

(46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (FEB 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (DEC 2022). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub.

L. 115-91).

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

Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(F) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(G) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(H) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(J) 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.

(K) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(L) (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O 13627).

(2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order

12989).

(P) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(R) (1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(2) Alternate I (JAN 2017) of 52.224-3.

(S) 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. Subtitle A, Part V, Subpart G Note).

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

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

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

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

COMMERCIAL ITEMS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the

Department of State Acquisition website at e-CFR 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 REGULATIONS (48 CFR CHAPTER1) CLAUSES

ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

(SERVICES ONLY)

The Offeror shall include Defense Base Act (DBA) insurance premium costs covering employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers at the

DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS – ALTERNATE

(OCT 2018) IS INCORPORATED BY REFERENCE

(SEE SF-1449, BLOCK 27B)

ADDENDUM TO 52.212-4

NONE

THE FOLLOWING CLAUSE IS PROVIDED IN FULL TEXT:

DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES (48 CFR

CHAPTER 6):

DOSAR TITLE AND DATE

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (AUG 1999)

(b) The COR is N/A.

652-242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT, AND ARE APPLICABLE FOR

ORDERS FOR SERVICES:

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 e-mail.

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

1) Use an e-mail 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

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

652.228-71 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) – SERVICES

(FEB 2015)

(a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” includes the following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions, regardless of citizenship; and

(3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers' compensation laws.

(b) The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of

Labor (DOL) approved insurance provider. Approved providers can be found at the DOL Web site at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.”

(c)

(1) Section 16 of the State Department Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of

State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department. The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an intermittent or short-term basis.

(2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the following information:

(i) Contract number;

(ii) Name of Contractor;

(iii) Brief description of the services to be provided under the contract and country of performance;

(iv) Name and position title of individual(s);

(v) Nationality of individual(s) (must be U.S. citizen or U.S. resident);

(vi) Dates (or timeframe) of performance at the overseas location; and,

(vii) Evidence of alternative workers' compensation coverage for these employees (e.g., evidence that the State workers' compensation program covers workers on short-term foreign assignments).

(3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file.

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

SECTION 3 – SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (SEP 2021) IS

INCORPORATED BY REFERENCE (SEE SF-1449, BLOCK 27A).

ADDENDUM TO 52.212-1

Summary of instructions. Each quotation must consist of the following:

(A) A completed solicitation, in which the SF-1449 cover page (blocks 17, and 30 as appropriate).

(B) Information demonstrating the quoter’s ability to perform, including:

(1) Name of a liaison to the Embassy who understands written and spoken English;

(2) Evidence that the quoter operates an established business with a permanent address and telephone listing or plans to establish an office within 30 days of contract award;

(3) The offeror shall provide proof of SAM registration to include the SAM UEI number;

(4) List of clients, demonstrating prior experience with relevant past performance information and references;

(5) Evidence that the quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;

(6) Evidence that the quoter has all licenses and permits required by local law.

(C) If required by the solicitation, provide either:

• a copy of the Certificate of Insurance, or

• a statement that the Contractor will get the required insurance, and the name of the insurance provider to be…