RFQ 19MX5320-Q-0006 - Gasoline Provision Services for GOV (003 - AOPE).docx

TABLE OF CONTENTS

Section 1 – The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19MX53-20-Q-0006, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19MX53-20-Q-0006, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 – List of Government Owned Vehicles

· Attachment 2 – Registration Instructions for DUNS, NCAGE and SAM

· Attachment 3 – Payment Registration Form - Pesos

· Attachment 4 – Payment Registration Form - USD

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 - Offeror 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 19MX53-20-Q-0006 PRICES, BLOCK 23

1.1. SCOPE OF SERVICES

The Contractor shall provide Gasoline Provision Services in Mexico for Government-Owned Vehicles registered by the U.S. Embassy in Mexico City with Premium Gasoline, Regular Gasoline and Diesel Fuel, as described in this solicitation. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. In consideration of satisfactory performance of all the services required under this contract, the United States Government (USG) will pay the Contractor a firm fixed-price for each liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel supplied. The Contractor shall be paid on a monthly basis upon receipt of a proper invoice for all approved Gasoline Provision Services performed during the month under this Contract.

1.2. TYPE OF CONTRACT

This is a fixed price with economic price adjustment indefinite delivery /indefinite quantity contract for standard services, under which firm fixed-price delivery orders may be placed.

1.3. PERIOD OF PERFORMANCE

The performance period of this contract shall be from the date stated in the Notice to Proceed letter and continuing for 12 months, with a (1) one-year option to renew. The total duration of this Contract is two (2) years. Individual task orders shall be issued for stated services within the rates designated.

1.4. NOTICE TO PROCEED

After contract award and submission of all required documentation, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless otherwise agreed by the Contractor and the USG) on which performance shall start.

1.5. PAYMENT CURRENCY

The U.S. Government will make payments in Pesos, Mexican Currency. All vendors shall submit prices and receive payments in Mexican pesos.

1.6. PRICING

The fixed prices stated below for the Base Year and First Option Year shall apply to individual task orders issued under the Contract. The fixed prices shall include all direct and indirect costs, including but not limited to all labor, materials, equipment, overhead, general and administrative (G&A) expenses, profit, and any other expense related to the services required in this Solicitation. No separate or additional charges shall be accepted.

1.6.1. Value Added Tax (IVA/VAT)

Value Added Tax is not included in the Contract Line Item Number (CLIN) rates. Instead, it will be priced as a separate Line Item in the contract and on the 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 applied to each performance period.

The portions of the solicitation subject to VAT are all of the services and items to be provided by the Contractor in sub-paragraphs 1.6.2, Base Year Prices, and 1.6.3, First Option Year Prices under Section 1-The Schedule, paragraph III, Pricing.

1.6.2. Base Year Prices (Twelve (12) months)

As per paragraphs 1.5.1, and 1.5.2, above:

Unit

each

each

1.6.3. First Option Year Prices (Twelve (12) months)

As per paragraphs 1.5.1, and 1.5.2, above:

Unit

each

each

1.7. PRICE EVALUATION

For evaluation purposes only, the total cost of the Base Year and First Option Year of the Contract is:

1.8. MINIMUM AND MAXIMUM AMOUNTS

During the Base Year of the contract, and during the option year that might be exercised, the United States Government (USG) shall place orders totaling a minimum of 2,000 liters of fuel. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed 275,000 liters of fuel. This reflects the contract maximum for each period of performance. The minimum and maximum amounts of fuel shall be understood as a total amount of either Premium Gasoline, Regular Gasoline and Diesel fuel, or a combination of these three.

The ceiling price for both, Base Year and First Option Year shall not exceed USD $600,000.00 ($11,700,000.00 MXP).

CONTINUATION TO SF-1449

RFQ NUMBER 19MX53-20-Q-0006

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.9. PERFORMANCE WORK STATEMENT

1.9.1. The Contractor shall provide Gasoline Provision Services for Government Owned Vehicles (GOV) registered by the U.S. Embassy in Mexico City. Gasoline Provision Services must be available throughout Mexico 24 hours per day, 7 days a week, including holidays. The fuel to be provided will be Premium gasoline (octane 92), Regular gasoline (octane 87) and Diesel fuel.

1.10 ISSUANCE OF FUEL TAGS/CARDS

The Contractor shall issue fuel Tags/Cards for each vehicle. Each Tag/Card shall be clearly marked stating the vehicle plates to which each one will be assigned. Tags/Cards shall be delivered to the Contracting Officer’s Representative (COR) no later than three (3) days after an approved Task Order is received by the Contractor.

1.10.1 The Contractor shall ensure that all fuel Tags/Cards can be used in the authorized fuel stations throughout Mexico stated in paragraph 1.11.2. below.

1.11 FUEL STATIONS

1.11.1 Fuel Stations Availability

The Contractor shall provide Gasoline Provision Services 24 hours per day, 7 days a week, including holidays. The fuel to be provided will be Premium gasoline (octane 92), Regular gasoline (octane 87) and Diesel fuel.

1.11.2 Location of Fuel Stations

The Contractor must ensure that authorized GOVs have access to refuel services in at least 25 gas stations in Mexico City. There shall be at least one 24/7 fuel station in Polanco, and at least one in Santa Fe.

The Contractor shall also have a gas station at a distance of no more than 1 km from the U.S. Embassy Compound. Additionally, the Contractor shall provide services at 2 or more gas stations in Cuernavaca, Iguala, Morelia, Pachuca, Puebla, Queretaro, Tlaxcala, Toluca and Xalapa.

1.11.3 Contractor’s Personnel Responsibility

The Contractor’s personnel shall be responsible of providing Gasoline Provision Services under this contract to GOVs fitted with the fuel tag or upon presentation of the corresponding fuel card (with matching GOV plate number). The Contractor’s staff shall verify that the fuel tag/card matches the GOV plate number and identification before refilling the fuel tank.

1.11.4 USG Employees Authorization Faculties

The COR and/or the GTM are the only USG employees authorized to make any changes to the list of approved GOVs to be refueled under this Contract. The Contractor shall be responsible of updating and making any necessary changes to its systems and/or databases within one business day from the COR/GTM’s request.

1.12 EMERGENCY FUEL CARDS

1.12.1 Issuance of Emergency Fuel Cards

The contractor shall provide ten (10) fuel cards that will be used for emergency Gasoline Provision Services in case the fuel tag/card system is down. These cards will be open to refuel any of all the vehicles listed in the authorized vehicles in Attachment 1.

1.12.2 Use of Emergency Fuel Cards

The contractor shall ensure that emergency fuel cards can be used in the authorized fuel stations as stated in paragraph 1.11, Fuel Stations, above.

1.13 MANAGERIAL AND ADMINISTRATIVE SUPPORT

1.13.1 Management System

The Contractor shall keep a system to manage the USG account. The COR shall be provided with full 24/7 access to this system in order to:

· Correct mileage

· Increase or decrease fuel amounts to be assigned

· Deactivate tags/cards

· Generate Consumption Reports

1.13.2 Customer Service Representative

1.13.2.1 The Contractor shall designate a single and reliable Customer Service Representative for the daily and regular administration of this contract, as well as for any urgent requests. This representative will meet with the Contracting Officer’s Representative (COR) as needed.

1.13.2.2 The Customer Service Representative shall have sufficient English language skills to be able to communicate with members of the U. S. Government staff and the administrative skills required to perform the administrative aspects of this contract.

1.13.2.3 If the designated Customer Service Representative is absent, an alternate who also meets the English and administrative requirements of this section shall serve as a replacement. The alternate shall be familiar with this contract and all cases in progress.

1.13.2.4 The Contractor shall advise the COR of the alternate’s information if the designated Customer Service Representative is to be absent.

1.13.3 Language Requirements

The Customer Service Representative shall comply with one of the following levels of English Proficiency:

1.13.4 Reports

1.13.4.1 The Contractor shall submit a monthly report in an excel file and shall show the following information:

· Refuel date

· Refuel time

· Plate number

· Fuel card/tag used

· Cost per liter

· Number of liters

· Subtotal (without V.A.T.)

· V.A.T. cost

· Total cost (with V.A.T.)

· Administrative fees, if applicable

· V.A.T. over administrative fees, if applicable

· Total cos to include administrative fees

1.13.4.2 Each report shall cover information for the previous month and outstanding cases. The contractor shall submit this report for COR approval no later than the fifth day of each month. The COR shall submit either an approval or a request for clarification within three (3) business days.

1.14 TASK ORDERS

1.14.1 Issuance of Task Orders

The COR shall be responsible of issuing task orders to request fuel tags/cards (see 1.10 issuance of fuel tags/cards) and emergency fuel cards (see 1.12 Emergency Fuel Cards) for one or more vehicles.

Each Task Order shall clearly state the number of tags/cards required, as well as the total amount to be allocated for Fuel Supply.

Both, the Contractor and the COR shall be responsible for monitoring the amounts spent in order to prevent that the allocated amounts are exceeded.

1.14.2 Task Order Requirements

The COR must submit a worksheet with the task order stating the following information:

· Vehicle(s) License Plate

· Vehicle Type

· Vehicle Model

· Type of fuel to be provided

· Approved amount per service

· Approved amount per day

· Approved amount per month

1.14.3 Contractor’s Responsibility

The Contractor shall issue tags/cards upon reception of either a fully approved Task Order or a Notice to Proceed issued by the Contracting Officer.

1.15 OPTION TO EXTEND

The U.S. Government may extend this contract under FAR 52.218-8, “Option to Extend Services”.

1.16 DELIVERABLES

The following items shall be delivered under this contract:

1.17. PRICE ADJUSTMENT

1.17.1 The unit price per liter of Premium Gasoline, Regular Gasoline and Diesel fuel may be adjusted based on increases or decreases in the official price of fuel mandated by the Government of Mexico.

1.17.2 To request an adjustment in price, the Contractor must provide written notification of the price change to the Contracting Officer at least one week before the new price is to be effective. This notification must be accompanied by a copy of the Legal Official Announcement of the corresponding Mexican Government entity approving the change in price, showing the new price and its effective date. The officer or general partner of the Contractor having overall responsibility for the Contractor's affairs shall certify the submission by written signature.

1.17.3 The Contractor may not request an adjustment under this clause after final payment has been made under this contract.

1.17.4 The U.S. Government will make no adjustment to the contract price that relates to any wages, overhead, fixed costs, general and administrative expenses, materials, or profit. Only the amount which is a direct result of an increase or decrease in the price of fuel to be supplied under this contract shall be considered by the U.S. Government as the basis for contract price adjustments.

1.17.5 This clause shall only apply to laws enacted by the Government of Mexico which meet the criteria set forth above. The U.S. Government will make no adjustments in contract price due to currency devaluations or fluctuations in exchange rates.

1.18 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.

Services.

Performs all GOV Gasoline Provision Services set forth in the Scope of Work.

1.18.1 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.

1.18.2 Standard

The performance standard is the Government receives no more than two (2) customer complaints per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer takes appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items) if any of the service complaints exceed the standard.

1.18.3 Procedures

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

1.18.3.2 The COR will complete appropriate documentation to record the complaint.

1.18.3.3 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.

1.18.3.4 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.

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

1.18.3.6 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.

1.18.3.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.

1.18.3.8 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.

1.19 DETAILED BILLING

The Contractor shall provide a monthly breakdown of invoices issued for each individual accounts. The breakdown shall clearly define the following minimum information:

· Task Order Number

· Invoice Number

· Account Number

· Plates of Vehicles Covered

· Amount without V.A.T

· V.A.T. amount

· Total invoiced

1.20 INVOICING AND PAYMENT

1.20.1 Electronic invoice Requirements

1.20.1.1 The Contractor shall submit electronic invoices addressed to the office identified in Block 18a of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905 and the following minimum requirements:

a. Typed (not handwritten);

b. Statement that prior payment has not been made;

c. Copies should be certified as being a true copy of the original one, and with signature;

d. Contractor’s name and complete legal address;

e. Contractor’s RFC;

f. Date issued;

g. Issue invoice as follows:

Embajada de Estados Unidos de Norteamerica Paseo de la Reforma No. 305, Colonia Cuauhtemoc, Mexico, D.F., C.P. 06500;

RFC: EEU 930201 289;

h. Period of performance being charged;

i. Contract Number/Task Order Number;

j. List of items/services being provided by line item number as stated in the Task Order

k. I.V.A./V.A.T broken down (when applicable);

l. Amount must be in both, numbers and spelled out;

m. Copy of Contractor’s Payment Registration Form filled out

1.20.1.2 If an invoice does not contain the information above, the USG reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendar days. The Contractor must then submit a proper invoice.

1.20.2 Invoice Submission Schedule and Instructions

1.20.2.1 The Contractor shall submit one monthly invoice per task order with the total amounts of services incurred by the vehicles included in the corresponding task order within five (5) calendar days after the last day of the month.

1.20.2.2 Every invoice shall state the CLIN number, Type of Fuel, Quantity, Unit Price and Total Price, as stated in paragraphs 1.6.2, Base Year Prices and 1.6.3, First Option Year Prices.

1.20.2.3 Invoices must not combine vehicles included in different Task Orders and belonging to different accounts.

1.20.2.4 The breakdown stated in paragraph 1.19, Detailed Billing above, shall be attached to each invoice package.

1.20.3 Address to send Electronic Invoices

The Accounts Payable Section of the U.S. Embassy Mexico City has a paperless voucher processing system. As a result, invoices must be submitted to the following electronic mail:

mexfmcinvoices@state.gov Please cc: ZepedaFJ@state.gov

1.20.4 Frequency of Payments

All funds under this contract will be obligated by issuance of task orders. Each task order will fund a specific period of time and a specific number of vehicles. Payment shall be made by Electronic Funds Transfer (EFT) within 30 days after receipt of a proper invoice.

ATTACHMENT 1

LIST OF GOVERNMENT OWNED VEHICLES

To be provided upon award.

ATTACHMENT 2

REGISTRATION INSTRUCTIONS FOR

DATA UNIVERSAL NUMBERING SYSTEM (DUNS),

NATO COMMERCIAL AND GOVERNMENT ENTITY (NCAGE) CODE

AND

SYSTEM FOR AWARD MANAGEMENT (SAM)

1. Background:

To be eligible for an award, all prospective Offerors must have a unique nine digit Data Universal Numbering System (DUNS) number; a Commercial and Government Entity (Cage)/North Atlantic Treaty Organization (Nato) = (NCage) Code; and register to System for Award Management (SAM). Refer to FAR 4.605(b). For further guidance see the two attachments at the end of paragraph 4.

Vendors have experienced difficulty registering in SAM. One of the most common issues is inaccurate address validation. SAM first validates that NATO Commercial and Government Entities (NCAGE) and Dun & Bradstreet (DUNS) addresses match. Following that, there is a check that the D&B address matches what the entity has on file with their national central bank (NCB). The NCB address is pulled from the vendor’s primary bank account. Because SAM compares NCAGE and DUNS addresses before comparing DUNS and NCB addresses, entities occasionally correct addresses in both DUNS and NCAGE systems only to find out that they have to change those addresses again to match their NCB address.

NOTE: it is very important that each company/entity register with their fiscal company name and address in DUNS, NCAGE as well as in SAM and without misspelling/typos. The information must match and be exactly the same on all registrations, if not, the process will take a minimum of four months.

2. DUNS Number:

You need a Data Universal Numbering System (DUNS) number to register your entity in SAM.

DUNS numbers are unique for each physical location you want to register.

If you do not have one, you can request a DUNS number for free to do business with the U.S.

Federal government by visiting Dun & Bradstreet (D&B) at http://fedgov.dnb.com/webform It takes up to 5 business days to obtain an international DUNS number.

3. NATO Commercial and Government Entity (NCAGE) Code:

Foreign entities must obtain a NCAGE code for each DUNS number they plan to register in SAM before you start the registration process. Make sure the name and address information you provide to get your NCAGE code is the exact same as what you used to get your DUNS number. It takes up to 3 business days.

The direct link to an online NCAGE request form is:

https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

4. System for Award Management (SAM) Open an Individual User Account, (be sure to validate your email address to activate the user account), then Login and Register the entity in SAM at – www.sam.gov

Please give yourself plenty of time before your contract application deadline. Allow up to 10 business days after you submit before your registration is active in SAM. For further guidance refer to the following attachments.

ATTACHMENT 3

PAYMENT REGISTRATION FORM - PESOS

Company Information

New Registration of Account Change of Account

Fiscal Name of the account holder

RFC (for Mexican Companies)

Name - Point of Contact

Telephone Number(s)

E-mail Address

Company Address

Bank information needed for EFT transfers in Pesos, Mexican Currency.

BANK INFORMATION

Bank Name

CLABE Interbancaria (18 digits)

If it is a collection account, please include the reference number:

Note to Offeror: This form has to be signed and attached in PDF format.

ATTACHMENT 4

PAYMENT REGISTRATION FORM – U. S. DOLLARS

RESERVED

SECTION 2 – CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2018) and (deviation 2017-02) (June 2017), is incorporated by reference. (See SF-1449, Block 27A).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG 2019)

(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 2019)

(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:

[Contracting Officer check as appropriate.] |X| (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

|_| (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

|_| (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

|_| (3a) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (Apr 2014) |X| (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

|_| (5) [Reserved].

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

|_| (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

|X| (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

|X| (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

|_| (10) [Reserved].

|_| (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

|_| (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

|_| (ii) Alternate I (JAN 2011) of 52.219-4.

|_| (13) [Reserved] |_| (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

|_| (ii) Alternate I (Nov 2011).

|_| (iii) Alternate II (Nov 2011).

|_| (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

|_| (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2)and (3)).

|_| (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

|_| (ii) Alternate I (Nov 2016) of 52.219-9.

|_| (iii) Alternate II (Nov 2016) of 52.219-9.

|_| (iv) Alternate III (Nov 2016) of 52.219-9.

|_| (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

|_| (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

|_| (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

|_| (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

|_| (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

|_| (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

|X| (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

(28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

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

|_| (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

|_| (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

|X| (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

|_| (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)

|_| (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

|_| (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

|_| (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

|_| (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

|_| (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

|_| (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

|_| (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

|X| (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

|_| (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

|_| (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

|_| (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

|_| (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

|X| (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

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

|_| (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

|_| (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

|_| (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

|X| (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

|_| (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

|X| (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

|_| (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

|_| (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

|_| (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

|_| (iii) Alternate II (FEB 2006) 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:

[Contracting Officer check as appropriate.] |_| (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

|_| (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

|_| (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206and 41 U.S.C. chapter 67).

|_| (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

|_| (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

|_| (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

|_| (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

|_| (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

|_| (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.204-23, 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).

(iv) 52.204-25 Prohibition on Contracting for Certain Telecommunications or Equipment (AUG 2019)

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(xii) 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.

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

(xiv) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

The following FAR clause(s) is/are provided in full text:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 20 liters, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 70,000 liters;

(2) Any order for a combination of items in excess of 150,000 liters; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the contract’s effective period.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

The following DOSAR clause(s) is/are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

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

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

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

1. Clearly identify themselves and their contractor affiliation in meetings;

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

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

652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

The Government shall use one of the following forms to issue orders under this contract:

(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or,

(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet.

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. The Contractor shall submit invoices in an original and one copy to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (Apr 2004)

(a) The Department of State observes the following days* as holidays:

U. S. Holidays:

New Year's Day Martin Luther King's Birthday (3rd Monday in January) Washington’s Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (4th of July) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25)

Mexican Holidays:

**Anniversary of Mexican Constitution (1st Monday in February) **Benito Juarez's Birthday (3rd Monday in March) Holy Thursday (varies) Good Friday (varies)…