RFQ No. 19MX53-22-Q-0007 for Gasoline Provision Services.pdf

19MX53-22-Q-0007

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet Continuation To SF-1449, RFQ Number 19MX53-22-Q-0007, Prices, Block 23 Continuation To SF-1449, RFQ Number 19MX53-22-Q-0007, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement Attachments o Attachment 1 – List of Government Owned Vehicles o Attachment 2 – Payment Registration Form – Pesos o Attachment 3 – Guide for NCAGE and SAM Registration o Attachment 4 – Delivery/Task Order Form Sample

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 19MX53-22-Q-0007

PRICES, BLOCK 23

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT

OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES,

PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO

AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

1. Scope of Services

1.1 General

The Contractor shall provide Gasoline Provision Services in Mexico for Government-Owned Vehicles registered by the U.S. Embassy in Mexico City and the nine (9) U.S. Consulates in Mexico, including Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo Laredo and Tijuana, 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 the price published at each Service Station per liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel at the moment of the supply, plus a Transaction Fee firm-fixed price per 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

The contract type will be a multiple-award fixed price with economic price adjustment indefinite quantity/indefinite delivery (IDIQ) under which may be placed firm fixed-price delivery orders.

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 their prices and receive payments in Mexican pesos.

1.6 Pricing

1.6.1 Transaction Fees

The Government shall pay the Contractor a transaction fee based on a fixed rate per liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel. See also Section 1, block 20, paragraph 1.10, Definitions, and 1.15.1, Issuance of Task Orders, for further information on handling of transaction fees.

The Transaction Fee 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, 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.

1.6.2 Fuel Supply Price

The cost for each liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel shall be paid at the price stated in each Service Station at the moment of the supply. For that purpose, a limited amount will be allocated as CLIN 6, Fuel Supply, within each task order. Both the COR and the Contractor shall be responsible of monitoring that the amounts funded per task order are not exceeded.

1.6.3 Value Added Tax (VAT/IVA)

Value Added Tax (VAT) 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 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 for 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 1.6.4 Base Year Prices, and 1.6.5 First Option Year Prices under Section 1 – The Schedule, paragraph 1.6 Pricing.

1.6.4 Base Year Prices (twelve (12) months)

As per paragraph 1.5 above:

CLIN Description Estimated Quantity

Unit Unit price Total Estimated

Cost

Transaction Fee for

Premium Fuel 603,000 liter

Transaction Fee for

Regular Fuel 49,300 liter

Transaction Fee for

Diesel Fuel 147,700 liter

4 Fuel Tag/Card 493 each $ $

Emergency Fuel

Tag/Card 26

6 Fuel Supply 800,000 liter N/A N/A Subtotal $

VAT/IVA $

Base Year Total $

1.6.5 First Option Year Prices (twelve (12) months)

As per paragraph 1.5 above:

CLIN Description Estimated Quantity

Unit Unit price Total Estimated

Cost

Transaction Fee for

Premium Fuel 603,000 liter

Transaction Fee for

Regular Fuel 49,300 liter

Transaction Fee for

Diesel Fuel 147,700 liter

4 Fuel Tag/Card 493

Emergency Fuel

Tag/Card 26

6 Fuel Supply 800,000 liter N/A N/A Subtotal $

VAT/IVA $

Base Year Total $

1.7 Price Evaluation

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

Base Year Total + VAT/IVA $

First Option Year Total + VAT/IVA $

Grand Total + VAT/IVA $

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 20 liters of fuel. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed 400,000 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 the Base Year and each exercised Option Year is $500,000.00 U.S. Dollars.

The total contract price (Base plus Option Year (if exercised)) shall not exceed $1,000,000.00 U.S. Dollars.

CONTINUATION TO SF-1449

RFQ NUMBER 19MX53-22-Q-0007

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.9 Performance Work Statement

The Contractor shall provide Gasoline Provision Services for Government Owned Vehicles (GOVs) registered by the U.S. Embassy in Mexico City, and the nine (9) U.S. Consulates in Mexico, including Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo Laredo and Tijuana. 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 Definitions

“CLIN” means Contract Line-Item Number.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section

1.14.1. of this contract.

“Fuel Supply Price” means the price as published per liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel at each Service Station.

"Government" means the Government of the United States of America unless specifically stated otherwise.

“GTM” means the Government Technical Monitor, as per clause 1.14.2 of this contract.

“IDIQ” means indefinite delivery/indefinite quantity contract for standard services, under which firm fixed-price delivery orders may be placed.

"Ordering Official" means the Contracting Officer of the U.S. Embassy Mexico City.

“Transaction Fee” means the fee, charged by the Contractor, per liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel. This firm-fixed price fee is additional to the price per liter of fuel published at each Service Station.

1.11 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.

The Contractor shall ensure that all fuel tags/cards can be used in the authorized fuel stations throughout Mexico stated in paragraph 1.12.2. below.

1.12 Fuel Stations

1.12.1 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.

1.12.2 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 24/7 fuel station in Santa Fe.

The Contractor shall also have at least 3 gas stations in the following cities, where the U.S.

Consulates in Mexico are: Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo Laredo and Tijuana.

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

1.12.3 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.

1.12.4 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.

1.13 Emergency Fuel Cards

1.13.1 Issuance of Emergency Fuel Cards

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

1.13.2 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 1.12 Fuel Stations, above.

1.14 Managerial and Administrative Support

1.14.1 Contracting Officer’s Representative (COR)

1.14.1.1 652.242-70 Contracting Officer's Representative (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

(b) The COR for this contract is the Motor Pool Supervisor.

1.14.2 Government Technical Monitor (GTM)

The Contracting Officer may appoint an individual(s) to assist the Contracting Officer’s Representative (COR) in monitoring the contractor’s performance. This individual is called a Government Technical Monitor (GTM). A GTM may be designated to provide technical monitoring, advice, and assistance, to aid the COR in the monitoring and evaluation of the contractor’s performance.

1.14.3 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

1.14.4 Customer Service Representative

1.14.4.1 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.

1.14.4.2 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.

1.14.4.3 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.

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

1.14.5 Reports

1.14.5.1 The Contractor shall submit a monthly report in an Excel file that shall show the following information:

Refuel date.

Refuel time.

Plate number.

Fuel tag/card used.

Cost per liter.

Number of liters.

Subtotal (without VAT/IVA).

VAT/IVA cost.

Total cost (with VAT/IVA).

Administrative fees, if applicable.

VAT over administrative fees, if applicable.

Total cost to include administrative fees.

1.14.5.2 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 (5th) day of each month. The COR shall submit either an approval or a request for clarification within three (3) business days.

1.15 Task Orders

1.15.1 Issuance of Task Orders

The CO is the only responsible for issuing Task Orders.

The CO will submit fully approved Task Orders to the contractor to request fuel tags/cards (see

1.11 issuance of fuel tags/cards) and emergency fuel cards (see 1.13 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.

All Task Orders issued shall be subject to the applicable terms and conditions of the IDIQ Contract. All services under this contract shall be ordered through a Task Order Form OF 347 (see Attachment 4), issued and signed by the C.O., as the need arises. This includes any modifications to task orders if necessary.

Task Orders may be issued from the date of contract award, through the end of the contract Period of Performance. The contractor shall complete all work and services within the period of performance specified in task orders, except that no new task order shall be issued hereunder after the expiration of this contract.

If more than one contractor has received an award, the following procedures shall govern regarding issuance of individual task orders. The Contractor shall provide no services without an order issued by the Contracting Officer.

(1) The Government will develop a price estimate. If the estimate does not exceed US $10,000, the Government will follow the procedures in paragraph (2) below. If the estimate exceeds US $10,000, the Government will follow the procedures in paragraph (3) below.

(2) Orders not exceeding US $10,000 - the Government will select a contractor for issuance of the order on a rotating basis. This decision will be based on the Government's best interests, which may include factors such as price, past performance, and unique qualifications which meet the level of quality required.

(3) Orders exceeding US $10,000 - Unless one of the exceptions in paragraph (4) below applies, the Government will:

a. Make its award based on comparisons of price, past performance, and unique qualifications which meet the level of quality required to meet the Government’s security and logistical requirements. Award will be made to the lowest priced, technically acceptable contractor.

b. Regardless of whether the procedures in paragraph (1) or (2) above were followed, selection of contractors shall not be protestable to GAO under Subpart

33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. However, the Department of State does have an Acquisition Ombudsman who will review complaints by contractors to ensure that all contractors are afforded a fair opportunity to be considered for these task orders, pursuant to the procedures for award of task orders established herein.

(4) Exceptions to the procedures in paragraph (3) above:

a. The agency need for the required services is of such urgency that providing such competitive opportunity would result in unacceptable delays.

b. The orders should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

c. It is necessary to place an order to satisfy a minimum guarantee.

1.15.2 Task Order Requirements

The COR must submit a worksheet with the Task Order stating the following information:

Vehicle(s) License Plate(s).

Vehicle Type.

Vehicle Model.

Type of fuel to be provided.

Approved amount per service.

Approved amount per day.

Approved amount per month.

1.15.3 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.

1.16 Deliverables

The following items shall be delivered under this contract:

Deliverable Due Date Deliver to Monthly Report (Block 1.14.5) No later than the fifth (5th) day of each month. COR Fuel tags/cards (Block 1.11) No later than three (3) days after receiving a fully approved Task Order or Notice to Proceed issued by the Contracting Officer.

COR

Emergency fuel cards (Block 1.13)

No later than three (3) days after receiving a fully approved Task Order or Notice to Proceed issued by the Contracting Officer.

COR

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 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 oil to be delivered under this contract shall be considered by the U.S. Government as the basis for contract price adjustments.

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

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 Requiring Activities and Participating Agencies

The Contract covers all agencies and sub-agencies supported by the U.S. Embassy Mexico City, Mexico, and the nine (9) U.S. Consulates in Mexico, including Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo and Tijuana, with the exception of those agencies not registered under the Embassy’s ICASS Agreement.

1.19 Contractor’s Responsibility over Employee’s actions

The Contractor shall be responsible of any of their employees’ actions regarding the use of all the services provided under this contract.

1.20 Authorized Ordering Officials

Those authorized to issue task orders under this IDIQ contract are as follows:

Any warranted Contracting Officer assigned to the General Services Office at the U.S.

Embassy and at one of the nine (9) U.S. Consulates in Mexico.

The above delegation includes full authority to award and administer Task Orders issued under the IDIQ contract.

NOTE: All authority to change or modify the basic IDIQ contract, including the exercising of any options, remains with the Contracting Officer assigned to the General Services Office at the U.S. Embassy Mexico City.

1.21 Detailed Billing

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

Task Order number.

Invoice number.

Account number.

Plates of vehicles covered.

Amount without VAT/IVA.

VAT/IVA amount.

Total invoiced.

1.22 Quality Assurance

1.22.1 Quality Assurance and Surveillance Plan (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold Services.

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

1. thru 21.

All required services are performed and no more than two

(2) customer complaints are received per month.

1. 22.1.1 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.

1.22.1.2 Standard

The performance standard is that 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 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.

1.22.1.3 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.

ATTACHMENT 1

LIST OF GOVERNMENT OWNED VEHICLES

To be provided upon award.

ATTACHMENT 2

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) Currency of Account MXN

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

Numeric reference:

Alphanumeric reference:

Signature Date

FMC approval

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

ATTACHMENT 3

GUIDE FOR NCAGE AND SAM REGISTRATION

1. Background

To be eligible for an award, all prospective Offerors shall have a SAM Unique Entity ID; a Commercial and Government Entity (Cage)/North Atlantic Treaty Organization (NATO) = (NCAGE) Code; and an active registration in System for Award Management (SAM). Refer to FAR 4.605(b).

Vendors have experienced difficulty registering in SAM. One of the most common issues is inaccurate address validation. SAM first validates that addresses entered when requesting NATO Commercial and Government Entities (NCAGE) and unique entity ID match. If SAM.gov cannot validate your entity, you can create a help ticket with the Federal Service Desk at www.fsd.gov.

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

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

Foreign entities shall obtain a NCAGE code for each Unique Entity ID they plan to register in SAM, before starting the registration process. Make sure the name and address information provided to obtain the NCAGE code matches that of the Unique Entity ID. Allow up to three (3) business days to receive the NCAGE code.

The direct link NCAGE Request Tool is:

NATO Codification System - AC135

2. Unique Entity ID

On April 4, 2022, the federal government stopped using the DUNS number to uniquely identify entities. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov).

The Unique Entity ID is a 12-character alphanumeric ID assigned to an entity by SAM.gov.

Therefore,

a. Any entity (contractor, corporation, partnership, organization, or individual) wishing to do business with the federal government under a Federal Acquisition Regulation (FAR) based contract, or anyone applying for federal grants, cooperative agreements, or other forms of federal financial assistance through Grants.gov, must be registered in SAM.gov. Overseas federal acquisition awards up to $30,000 are granted an exception.

b. Current SAM.gov registrants have already been assigned their Unique Entity Identifier and can view it within SAM.gov; there is no further action required.

Existing registered entities can find their Unique Entity ID by following the steps here.

c. After April 4, 2022, entities registering in SAM.gov will no longer have to go to Dun & Bradstreet and acquire a DUNS number.

4. System for Award Management (SAM)

Offerors must register the entity in SAM at – SAM.gov | Entity Registrations

Please allow plenty of time before the contract application deadline. Allow up to 10 business days after submission before the registration is active in SAM.

See SAM Entity Registration Checklist to know more about the information that will be requested during your registration.

Note to Offerors: Opening an account at sam.gov does not mean that you are registered. You need to click on and follow the system guidance to complete the registration.

If you completed or started your registration before May 2021, please note that sam.gov has changed. Please see the main changes description in the following link:

https://www.fsd.gov/gsafsd_sp?id=kb_article&sys_id=1cb691e91bfaa8d02fe5ed7ae54bcb0d

Before and After SAM.gov (Workspac

5. Federal Service Desk

For further guidance and help please contact the Federal Service Desk at https://www.fsd.gov

Live Chat

Web Form

Call

ATTACHMENT 4

Delivery/Task Order Form Sample

Task Order Form (OF 347)

SECTION 2 - CONTRACT CLAUSES

2.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) is incorporated by reference. (See SF-1449, Block 27A)

2.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

(MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV

2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

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

2015).

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

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

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

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

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

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

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

(5) [Reserved].

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

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

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 31 U.S.C. 6101 note).

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

(10) [Reserved].

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

2021) ( 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 (NOV 2021) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

(18)

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

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

(19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

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

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

2022) (E.O.13126).

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

(30)

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

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

(31)

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

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

(32)

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

2020) ( 29 U.S.C. 793).

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

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

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(35)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

(36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

(37)

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

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40)

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

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)

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

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

(42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

(43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

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

(ii) Alternate I (JUN 2014) of 52.223-16.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

(46) 52.223-21, Foams (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 (NOV 2021) ( 41 U.S.C. chapter 83).

(49)

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

2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 n ote, 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.

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

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

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

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

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

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

(62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

(63)

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

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

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

(iii) Alternate II (NOV 2021) of 52.247-64.

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

(1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

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

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

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

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

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

e)

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

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub.

L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

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

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

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

14026 (JAN 2022).

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

(xix)

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

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

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

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

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Add the following clause in full text:

2.3 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. 7 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

e) Exemptions from the withholding under this…