RFQ final.pdf

U.S. Embassy Ulaanbaatar

May 05, 2022

Dear Prospective Quoter:

SUBJECT: 19MG1022Q0005

The Embassy of the United States of America invites you to submit a quotation for night shuttle services.

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 Stand Form 1449 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

The Embassy intends to conduct a pre-quotation conference at the site, and all prospective offerors who have received a solicitation package will be invited to attend. The pre-proposal conference will be held on May 16, 2022, at 10 am (local time) at the US Embassy in Ulaanbaatar, Mongolia. Prospective offerors/quoters should contact Procurement Unit emailing to Ulaanbaatar-Procurement@state.gov by 16:00PM, May 12, 2022, for additional information or to arrange entry to the building.

No electronic quotations will be accepted. Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed for 19MG1022Q0005" to the Adam Starr-King, Contracting Officer of the US Embassy Ulaanbaatar, Denver Street #3, 11th Micro District Ulaanbaatar 14190, Mongolia before 17:00, June 03, 2022.

No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section 1, Pricing

3. Section 5, Representations and Certifications

4. Additional information as required in Section 3

5. The offeror should submit a completed IRS Form W-14, found at www.irs.gov/w14 to ensure compliance with FAR 52.229-11.

The successful offeror shall be registered in the SAM (System for Award Management) database https://www.sam.gov prior to submittal of their offer/proposal pursuant to FAR provision 5.207. The guidelines for registration in SAM are also available at: https://www.fsd.gov/fsd-gov/learning-center-system.do?sysparm_system=SAM

Direct any questions regarding this solicitation to Ulaanbaatar-Procurement@state.gov during regular business hours.

Sincerely, Adam Starr-King Contracting Officer http://www.irs.gov/w14 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sam.gov%2F&data=04%7C01%7CLowtherla%40state.gov%7C57e2b327650240b9ca9c08da082274d5%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C637831241341532903%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=VIF13klcLkUxisUCvfwSehF8au0qMnu1Qq5lvuoD2Xo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsd.gov%2Ffsd-gov%2Flearning-center-system.do%3Fsysparm_system%3DSAM&data=04%7C01%7CLowtherla%40state.gov%7C57e2b327650240b9ca9c08da082274d5%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C637831241341532903%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=gxkf5NsRakVIehwUyLFvSxVkIk3w%2BjgTkaKNsLKfHYk%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsd.gov%2Ffsd-gov%2Flearning-center-system.do%3Fsysparm_system%3DSAM&data=04%7C01%7CLowtherla%40state.gov%7C57e2b327650240b9ca9c08da082274d5%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C637831241341532903%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=gxkf5NsRakVIehwUyLFvSxVkIk3w%2BjgTkaKNsLKfHYk%3D&reserved=0 mailto:Ulaanbaatar-Procurement@state.gov

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR10725432

PAGE 2 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19MG1022Q0005

6. SOLICITATION ISSUE DATE

May 05, 2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Adam Starr-King, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

7007-6169

8. OFFER DUE DATE/ LOCAL

TIME

17:00, June 03, 2022

9. ISSUED BY CODE

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

U.S. Embassy Ulaanbaatar Denver Street #3

11th Micro District

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

Ulaanbaatar 14190

Mongolia

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB

DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 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

U.S Embassy Ulaanbaatar

Denver Street #3

11th Micro District

Ulaanbaatar 14190, Mongolia

Adam Starr-King, Contracting Officer

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY

18a. PAYMENT WILL BE MADE BY

US Embassy Ulaanbaatar

Financial Management Office

Denver Street #3

11th Micro District

Ulaanbaatar 14190, Mongolia

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

24.

AMOUNT

See continuation sheet

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

ADDENDA

ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____

COPIES TO ISSUING OFFICE. 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

Adam Starr-King

31c. DATE SIGNED

05/05/2022

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Section 1

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 18 or SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19MG1022Q0005, Prices, Block 23

• Continuation To SF-1449, RFQ 19MG1022Q0005, 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

• Offeror 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 19MG1022Q0005

PRICES, BLOCK 23

1. PRICES AND PERIOD OF PERFORMANCE

The Contractor shall perform Night Shuttle Services, including furnishing all labor, materials, equipment, and services for the U.S. Embassy Ulaanbaatar. The price 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 the fixed price per month for standard services that have been satisfactorily performed.

The performance period of this contract is from the date of award and continuing for 12 months, with one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

1.2 OFFERS AND PAYMENTS IN U.S. DOLLARS

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to pay in U.S. dollars should commit their offer in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporate under the laws of a state within the United States. Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency, which is MNT (Mongolian Tugrik).

1.3 VALUE ADDED TAX.

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.

The US Embassy VAT registration number is 0002453

1.4. PRICES

Line

Item

Description Quantity Unit of

Measure

Price Per month

Total

1.4.1 Base Year Service:

Daily shuttle transportation from August 01, 2022-July

31, 2023

12 Month

1.4.1.1 VAT for Base Year Service 12 Month

Total amount for Base Year

1.4.2 Option Year 1:

Daily shuttle transportation from August 01, 2023-July

31, 2024

1.4.2.1 VAT for Option Year 1

Service

Total amount for Option Year 1

1.4.3 Option Year 2:

from August 01, 2024-July

31, 2025

1.4.3.1 VAT for Option Year 2

Total amount for Option Year 2

1.4.4 Option Year 3:

from August 01, 2025-July

31, 2026

1.4.4.1 VAT for Option Year 3

Total amount for Option Year 3

1.4.5 Option Year 4:

from August 01, 2026-July

31, 2027

1.4.5.1 VAT for Option Year 4

Total amount for Option Year 4

GRAND TOTAL

CONTINUATION TO SF-1449,

RFQ NUMBER 19MG1022Q0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. SCOPE OF WORK

The purpose of this fixed price contract is to obtain Night Transportation Service for US Government employees along the routes listed below. The Contractor shall provide commercial ground transportation services using passenger vehicles for scheduled pick up and drop offs at the pre-determined locations to meet requested drop off and pick time.

The Contractor shall furnish all vehicles, dispatching, management, supervision, personnel including drivers, uniforms, communication systems, permits, licenses, materials, reports, supplies, insurance, or any other item so as to ensure the performance of all services described in this contract.

The Contractor shall provide valid driver’s licenses for each proposed driver, valid 3rd party liability insurance, and for each proposed vehicle, valid registration book with State Vehicle Inspection record.

1.2 DESCRIPTION OF ROUTES

The Contractor shall perform (8) eight runs daily, Monday through Sunday, regardless of any Holidays. The assistant to the Contracting Officer’s Representative (COR) shall inform the contractor which route will run every day to the Contractor. The assistant to the COR are the shift leaders and their back-ups.

The contractor must provide at least four cars with drivers for each run for adequate able number of seats to keep the appropriate social distancing.

1.2.1 The drop off locations of duty:

1.2.1.1 location #1- U.S. Embassy parking lot located at Denver Street #3, 11th Microdistrict.

1.2.1.2 location #2- The New Embassy Compound located at 18th khoroo, Khan-Uul district.

(Latitude 47.8976278, Longitude 106.9323428)

1.2.2 The morning shift hours begin at 06:00 for all passengers and passengers shall arrive to the drop off locations of duty no later than 05:45.

1.2.2.1 The first run with two vehicles shall pick up six (6) passengers in the mornings starting at

04:45 and drop off the passengers at the location #1 no later than 05:45

1.2.2.2 The second run shall pick up six (6) passengers from the location #1 at 06:15 and drop off them to their destination spots in paragraph 1.2.4.

1.2.2.3 The third run with one vehicle shall pick up two (2) passengers in the mornings starting from 04:45 am and drop off the passengers at the location #2 at 05:45a.m.

1.2.2.4 The fourth run shall pick up two (2) passengers from the location #2 at 06:15 and drop

1.2.3 The evening shift hours begin at 22:00 for passengers shall arrive to the drop off locations of duty no later than 21:45.

1.2.3.1 The fifth run shall pick up six (6) passengers in the evenings starting from 20:45 and drop off all passengers at the location #1 no later than 21:45.

1.2.3.2 The sixth run shall pick up six (6) passengers from the location #1 at 22:15 and drop off them to their destination spots in paragraph 1.2.4.

1.2.3.3 The seventh run shall pick up two (2) passengers in the evenings starting from 20:45 and drop off the passengers at the location #2 no later than 21:45.

1.2.3.4 The eighth run shall pick up two (2) passengers from the location #2 at 22:15 and drop

1.2.4 PICK UP AND DROP OFF LOCATIONS

Khan-Uul district, 2nd khoroo /19th khoroolol main door of Jargalant service center/ Sukhbaatar district, 7th khoroo, apartment #10 Bayangol didtrict, 1st хороо, Railway Museum in front of Bogd Ar khoroolol Bayangol district, 20th khoroo, apartment 738 Chingeltei district 19th khoroo, 7 buudal Police booth Sukhbaatar district 11th khoroo, Аz Jargal khotkhon Бayangol district Altai khotkhon, 24th khoroo, Altai khotkhon Bayanzurkh ditrict 4th khoroo, Sansar district, Selenge hotel Khan-Uul district, 3rd khoroo, Аjilchdiin street apartment #50 Bayanzurkh district 14th khoroo, Aman khuur -2 khotkhon Bayanzurkh district 8th khoroo, Ulaankhuaran, “Тenuun Ogoo” bus company Sukhbaatar district 7th khoroo, 11th khoroolol, Music and dance College Bayanzurkh district 6th khoroo, Bayanzurkh market Bayanzurkh district 4th khoroo, Ikh zasag University Khan-Uul district 11th khoroo, Zaisan, Gurvan Orgil khotkhon Bayanzurkh district, 2nd khoroo, Police town Bayangol district, 17th khoroo, San University Khan-uul district 21st khoroo, Buyant-Ukhaa-2 khoroolol Bayangol district, 18th khoroo, 4th khoroolol, Food market Khan-Uul district 1st khoroo, 120 myangat Bayangol district 10th khoroolol, 3rd hospital Bayangol district 10th khoroo, secondary school #13 Bayanzurkh district 16th khoroo, Tsaiz Khas bank Bayanzurkh district 26th khoroo, Saruul khoroolol Khan-Uul district 8th khoroo, Yarmag Оrgil-Encanto Bayanzurkh distrit 8th khoroo, Ulaankhuaran last bus station Bayanzurkh district, 26th khoroo, Оlymp village khotkhon bus station Bayanzurkh district, 14th khoroo, Uguumur automarket, Nart khotkhon - 1 Khan-Uul district 6th khoroo Yarmag, new last bus station Bayanzurkh district, 26th khoroo, Bayanmongol khoroolol

Bayanzurkh district, 5th khoroo, Sengur Gorkhi khotkhon Bayanzurkh district, 14th khoroo, Аman khuur – 2 khokhon Bayanzurkh district, 14th khoroo, Last bus station of National Center for Communicable Decease Bayangol district, 9th khoroo, 3rd khoroolol, SOT apartment #2-1 Bayanzurkh district, 6th khoroo, Erkhet khotkhon (near Bayanzurkh market) Bayanzurkh district, 16th khoroo, bus station of 16th khoroolol Bayanzurkh district, 5th khoroo, Bayanzurkh district hospital Bayangol district, 6th khoroo, 2 khuu shop backside of Topaz hospital Bayanzurkh district 18th khoroo, Monos pharmacy backside of Cancer Center Khan-Uul district 5th khoroo, 2nd bus station of Yarmag Bayanzurkh district 14th khoroo, Тumen Nast town, in front of National Center for Communicable Decease Khan-uul district 15th khoroo, Narkhan khotkhon Bayangol district, 24th khoroo, Аltai khotkhon Bayanzurkh district 7th khoroo CU shop near Sansar Tunnel, east bus station of Sansar Tunnel Bayanzurkh district 8th khoroo, Garden residence apartment #70 next to Amgalan Auto Inspection Center

1.2.5 VEHICLES

1.2.5.1 The Contractor shall provide vehicles including all expenditures associated with fuel, repair, maintenance, garaging, and insurance.

1.2.5.2 The Contractor shall comply with the generally accepted standards for vehicle operation and maintenance practices and all vehicles must be properly registered with the National Auto

Transportation Center of Mongolia. As a minimum, the Contractor shall comply with all provisions, applicable statutes and agreements which may affect safety. Compliance with published standards may not, standing alone, constitute compliance with generally accepted standards of operation, training, or maintenance.

1.2.5.3 The vehicles shall be clean and in excellent mechanical condition with working heat and air conditioning. The internal temperature of the vehicle cabin shall be between 18 degrees and

25 degrees Celsius whenever passengers are inside the vehicle.

1.2.5.4 All parts and accessories (including changing of tires depending on season) must be in safe and reliable condition at all times. This includes, but is not limited to vehicles brake system, hazard and warning signals, head lamps or lights, parking brake system, reflective material strip and tail lamps, winter tires during periods of freezing temperatures, turn signals and other accessories that may affect the safe operation of the vehicles.

1.2.5.5 The vehicles shall be factory rated to carry the number of passengers assigned to each route. The vehicle must have a seat and a seat-belt for every passenger assigned to the route.

1.2.5.6 All loose items must be securely fastened and/or removed if it will not be used during the service.

1.2.5.7 The US Government reserves the right to inspect vehicles. If the US Government tells the contractor in writing that a vehicle is unacceptable, the contractor must either bring the vehicle into acceptable condition or find another acceptable vehicle within 24 hours.

1.2.5.8 In the event that the Contractor is unable to provide service, the Contractor shall be fully responsible to find a temporary replacement vehicle and driver and must notify the Embassy to

GTM 24 hours in advance as well to COR of any changes. The replacement vehicle and driver must meet the same qualifications in the contract.

1.2.5.9 The Contractor shall compensate the Embassy for taxi fare in the case of employees missing work due to Contractor or contractor employee’s fault.

1.2.6 DRIVERS

1.2.6.1 The Contractor shall provide experienced and licensed drivers in performance of this contract.

1.2.6.2 All drivers shall have been continuously licensed to drive at least 12 months before operating a vehicle. Drivers shall have a clean criminal history and a clean driving record. The

US Government reverse the right to declare a driver unacceptable at any time.

1.2.6.3 Each driver shall maintain regular personal hygiene and grooming. Hair, including facial, must be neatly trimmed, and maintained in a conservative style; long hair must be secured and worn under a hat.

1.2.6.4 The driver(s) shall present themselves in a professional and businesslike manner while on duty and be responsible for enforcing all passenger safety regulations and rules as well maintaining an orderly and clean interior of their assigned vehicle.

1.2.6.5 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned

1.2.6.6 Drivers shall always wear a safety belt and must confirm that all passengers are seated and wearing a safety belt before departure.

1.2.6.7 Drivers must follow all Mongolian driving laws, shall maintain control of their vehicles, and shall drive safely including not speeding.

1.2.6.8 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

1.2.7 INSURANCE

1.2.7.1 The Contractor is required to provide whatever insurance is legally necessary. The

Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance: 3rd party liability insurance in accordance with Mongolian Law of

Driver’s Insurance.

1.2.7.2 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

1.2.7.3 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.

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

1.2.7.4.1 Any property of the Contractor,

1.2.7.4.2 It’s officers, agents, servants, employees, or any other person arising from an incident to the Contractor's performance of this contract.

1.2.7.5 The Contractor 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.

1.2.7.6 Government as Additional Insured. The general liability policy required of the

Contractor shall name "the United States of America, acting by and through the Department of

State", as an additional insured with respect to operations performed under this contract.

1.2.7.7 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award.

The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

1.2.8 ACCIDENTS

1.2.8.1 In the event of an accident or failure of a vehicle, the contractor’s driver shall do his/her utmost to ensure the safety of all passengers.

1.2.8.2 The Contractor shall immediately dispatch vehicle(s) to the scene to transport stranded passengers while simultaneously notifying the CO/COR of the incident and any/all actions taken.

1.2.8.3 The services shall not be considered restored until the Contractor officially notifies the

CO/COR.

1.2.8.4 If the Contractor fails to repair or replace the inoperative vehicle with a similar vehicle as outlined, the US Government, at its option may elect to secure a replacement vehicle from other sources regardless of the reasons causing the downtime. The Contractor shall be assessed for any cost incurred in securing replacement services.

1.2.9 TRANSITION PLAN

Within 7 days after contract award, the Contracting Officer may request that the Contractor develop a plan for preparing the Contractor to assume all responsibilities for transportation services. The plan shall establish the projected period for completion of all clearances of

Contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

1.2.10 LAWS AND REGULATIONS

1.2.10.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the

Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

1.2.10.2 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

1.2.11 REPORTS AND RECORDS

1.2.11.1 The Contractor shall ensure all operating equipment is properly maintained. The

Contractor shall a company program ensuring the systematic inspection and maintenance of all vehicles in the contractor’s control.

1.2.11.2 The Contractor shall keep records and logs of mileage, maintenance, accidents, and repairs for all vehicles used under this contract for verification purposes. The Contractor shall keep vehicle inspection records for at least one year.

1.2.11.3 The Contractor shall also maintain employee-training records including safety training. The records shall be available upon request.

1.2.12 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 Paragraphs

Performance Threshold

Services.

Performs all night transportation services set forth in the scope of work.

__1_ thru _16___

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

1.2.12.1 Surveillance. The COR will receive and document all complaints from

Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

1.2.12.2 Standard. The performance standard is that the Government receives no more than three (3) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May

2001), if any of the services exceed the standard.

1.2.12.3 Procedures.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN

2022) is incorporated by reference. (see SF-1449, Block 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2002)

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

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (AUG 2020) (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:

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

2020) (41 U.S.C. 3509)).

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (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. (JUN

2020) (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 (SEP 2021

2020) (15 U.S.C. 657a).

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

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV

2020) (15 U.S.C. 644).

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

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) (15 U.S.C. 644).

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

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN

2020) (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 (JUN 2020) 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 (SEP 2021) (15 U.S.C. 637(a)(14)).

__ (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 (SEP 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2021) (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 (SEP 2021) (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 (SEP 2021) (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).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (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.

https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_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).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT

2020) (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 (OCT 2015). (Executive Order

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.)

__ (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.

_X_ (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 (Jun2016) (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) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

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

(JAN 2021)(41 U.S.C.chapter83, 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

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

_X_ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (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).

https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13

__ (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB

2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)

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

_X_ (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 (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) RESERVED

(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.

https://www.acquisition.gov/far/part-52#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_215_2 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7

(e) RESERVED

(End of clause)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND

REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise…