19MX9018Q0009_RFQ.doc
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- Attached to
- Acquisition of 29 trained dogs
- Solicitation number
- 19MX9018Q0009
- Issued by
-
Department of State US Embassy Mexico
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Updated RFQ and Statement of work
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| 4_19MX9018Q0009_RFQ_cleared_by_CO.pdf |
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Text version
United States Embassy Mexico City
March 15, 2018 To:
Prospective Quoters Subject: Request for Quotation number 19MX9018Q0009 for the acquisition of 29 Trained Dogs, canine’s equipment and all miscellaneous items for example export/import, and health documentation to bring the dogs to Mexico City. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation; complete the required portions of the attached document, and submit it to INL Contract Assistant Gabriela Camacho at camachogd@state.gov The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Questions are due by March 22, 2018
Quotations are due by April 6, 2018 Sincerely, Pedro E. Cruz INL Contracting Officer
Enclosure
TABLE OF CONTENTS
Section 1 - The Schedule
· SF 18 or SF 1449 cover sheet
· Continuation To SF-1449, RFQ Number 19MX9018Q0009, Prices, Block 23
· Continuation To SF-1449, RFQ Number 19MX9018Q0009, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
· Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property Section 2 - Contract Clauses
· Contract Clauses
· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
· Solicitation Provisions
· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
· Evaluation Factors
· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - 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 19MX9018Q0009
PRICES, BLOCK 23
I.
SCOPE OF SERVICES
A. The Contractor shall deliver 29 Trained Dogs, canine’s equipment and all miscellaneous items for example export/import, and health documentation to bring the dogs to Mexico City International Airport in accordance with Attachment 1 SOW (statement of work) in attention of Mexico INL Logistics.
Mexico City International Airport Av. Capitan Carlos Leon S/N Peñon de los
Baños, Venustiano Carranza, 15620, Mexico City B. This is a firm-fixed price type of contract.
C. The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the address specified in Attachment 1 “SOW”.
D. All prices are in USD or MXP.
II.
PRICING
Line
Item
| Description |
| Unit |
| Qty |
| Unit Price |
| Total Price |
| 01 |
| Trained detection canine: Fully trained canine in the detection of narcotics, currency and firearms. |
| EA |
| 29 |
| 02 |
| Transportation and importation to Mexico: Air transportation and importation services |
| EA |
| 29 |
| 03 |
| Kennel: Large or extra-large size kennel, airline approved pet carrier. Made from heavy-duty, high impact plastic. Rear ventilation holes. Polypropylene construction. Chrome plated steel door. Leak-proof bottom. Chrome plated side vents. 4-way locking dial-latch door system. "Live Animal" labels. Water cups. |
| EA |
| 29 |
| 04 |
| Collar: 1" wide nylon collar, adjustable length from 16"to 23". 1" Mil-Spec tubular nylon. Quick release, plastic buckle. Metal sliding spacer. Metal D-ring. |
| EA |
| 29 |
| 05 |
| Leash: Heavy-duty, double ply Nylon leash. 18" long x 1" wide. Metal buckle. |
| EA |
| 29 |
| 06 |
| Nylon muzzle: Nylon mesh muzzle. Plastic buckle. |
| EA |
| 29 |
| 07 |
| Import/export/ Shipping costs |
| EA |
| 1 |
| 09 |
| Warranty of 2 years |
| EA |
| 1 |
Grand Total
III. VALUE ADDED TAX
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion.
CONTINUATION TO SF-1449, RFQ NUMBER 19MX9018Q0009
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I. The items to be purchased under this contract may be found in Attachment 1 “SOW”, Annex 1.
II. Delivery Location
a) The Contractor shall deliver all ordered items to the following address:
Mexico City International Airport Av. Capitan Crlos Leon S/N Peñon de los
Baños, Venustiano Carranza, 15620, Mexico City.
b) The Contractor shall deliver the 29 trained dogs NO later than two weeks after contract is awarded.
c) Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be responsible for instructing Contractor personnel at the time deliveries are made.
d) 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 furnish and delivery services set forth in the scope of work.
| 1. thru 19.3 and 3 |
| All required services are performed and no more than one (1) customer complaint is received per month. |
ATTACHMENT 1
Statement of Work
SECTION 1
1.1 GENERAL
The Offeror shall provide canines, equipment such as muzzle, leash, collar, transport kennel, warranty, transportation, export/import and health documentation, and all miscellaneous requirements necessary to accomplish the efforts described in this Statement of Work (SOW).
The U.S. Department of State is supporting the Merida Initiative, on an on-going, long-term agreement between the U.S. and Mexican Governments to detect, deter, prevent, and mitigate criminal activity in Mexico and its effects in both Mexico and the United States. Part of the Merida Initiative is to support the development of state police agencies’ canine units.
1.2 GENERAL SCOPE OF SUPPLIES/SERVICES
The Department of State through INL-Mexico at the U.S. Embassy, Mexico City, is committed to assist the Mexican Government through the Merida Initiative, specifically to modernize equipment and technological resources of Canine Units, through the provision of canines, canine and handler training, along with advanced medical, tactical and communication equipment that ensures and provides effective deterrence and timely intervention to prevent drug trafficking and other contraband. This SOW is to procure 29 canines certified in detection of narcotics.
1.3 GENERAL REQUIREMENTS
1.3.1 Canines shall be subject to testing; only viable canines shall be accepted and procured.
1.3.2 Upon receiving the contract award, Contractor shall have up to two weeks to prepare canines for shipment.
1.4 SPECIFIC REQUIREMENTS
1.4.1 Provide 29 trained detection canines. Canines shall be used for the following aroma detection:
1. Narcotics: marijuana, cocaine, heroin, MDA/MDMA, synthetic drugs
1.4.2 Canines must have been trained and certified by the Colombian National Police at the Escuela de Guías y Adiestramiento Canino, between September and December 2017.
1.4.3 Breeds: Belgian Malinois, German shepherd, Labrador. Other breeds may be considered, such as Golden Retriever, Dogos, Deutch Shepherd
1.4.4 Age: the canines must have a documented age between twelve and twenty-four months old by the time of delivery.
1.4.5 Health: Canines must be in excellent health with no acute or chronic disease or condition. A certified veterinarian shall provide health certificate at the time of evaluation. A complete medical examination of the canine must be performed by a certified veterinarian from/or designated by INL prior to delivery. The results of the examination shall be included on a health certificate provided with the canine. The medical examination shall include:
a) Gait: canine displaying any gait abnormality, which could affect the canine’s ability to perform normal duty, shall be disqualified.
b) Skin/coat: skin and coat should be healthy and not have any evidence of chronic dermatitis, allergies, infections, injuries or external parasite infestations.
c) Teeth/Jaws: All canines must have normal dental occlusions. There shall be no evidence of canine teeth (all four) weakened by notching, enamel hypoplasia, or abnormal wear. Oral infection or excessive periodontal disease may be disqualifying. Complete quality radiographs, issued by a licensed veterinarian, must be provided with the canine to ensure that the bones, joints and muscles are healthy and dismiss hip dysplasia.
1.4.6 Other: the canines shall be delivered with collars on their necks; canine muzzles; handler’s leashes and kennels, with automatic dispensing water bottle. Kennels dimensions must be approximately: 32” L x 28” H x 23” W.
1.5 REQUIRED DOCUMENTATION AND DELIVERIES
The vendor must consider that INL Mexico operations are not commercial. Therefore, at no time or under any circumstance is INL Mexico involved in the importation process, and cannot act as the importer or consignee. The vendor must note that INL Mexico will not provide anyone nor sign any document related to the importation process.
The locations that the canines will be delivered to in Mexico is/ are:
Address:
Mexico City International Airport Mexico City International Airport Av. Capitan Carlos Leon S/N Peñon de los Baños Venustiano Carranza, 15620, Mexico City Delivery Information:
· All canines MUST be first be received by INL Mexico Logistics.
· A Technical/Data sheet of all imported products must be sent to INL Logistics (mexicocityinllogistics@state.gov) two (2) weeks prior to delivery to INL warehouse or end user location.
The following documentation shall accompany the canine at the time of delivery and hard copies must be sent to INL:
1. Current health certificate administered by a board certified veterinarian employed or contracted by the Offeror.
2. Current vaccination records listed below and other vaccinations as required by Mexican health officials:
· Distemper
· Hepatitis
· Leptospira
· Parvovirus
· Parainfluenza
· Rabies
· Giardia
· Ecto- and Endoparasites
3. Current X-rays (obtained less than sixty (60) days from the date of delivery) of the pelvis and hip area of each forequarter.
4. Vendor will be responsible for importation of canines into Mexico and processing all required documents for the Mexican Customs and health authorities.
5. Offeror shall pay for transporting the canines to Mexico City via air. Additionally the vendor will coordinate to maximize airline carriers in order to reduce transportation costs, and as a minimum will transport the canines in groups of five. Dogs must not flight more than 8 hours.
6. Upon arrival to Mexico City, another Contractor will be in charge of transporting canines to lodging facilities.
1.6 WARRANTY
a) A two year guarantee against congenital diseases
b) A one year health guarantee
c) One year guarantee: In case one of the selected canines presents dysplasia (hip) or any of the aforementioned conditions to validate the guarantee, the Offeror commits to replace the canine, in a period not to exceed two months, with another canine which complies with the established trading requirements for canines trained to detect narcotics. This shall be certified and agreed in writing, with the corresponding medical certificate attached. No replacement can be made without the approval from the INL Mexico Canine Program Coordinator or CSI Program Manager in coordination with INL Mexico Logistics and Procurement team.
d) Vendor will be responsible for importation of replacement canines into Mexico and processing all required documents for the Mexican Customs and health authorities. Vendor will deliver replacement dog at End User’s facilities.
1.7 PERIOD OF PERFORMANCE
The Contractor shall complete performance two weeks after contract is awarded.
| Week 0 |
| Weeks 1st and 2nd |
| Contract Award |
| Preparation for canines shipment |
1.8 RECEIVING AND DELIVERY REQUIREMENTS AND LOGISTICS
1.9.1 Offeror shall provide the following information for each canine within 48 hours of selection:
| Country of origin |
| Name |
| Microchip Number |
| Breed |
| Gender |
| Price per canine USD |
1.9.2For each canine, Offeror shall provide a passport, vaccine certificate (signed by a licensed veterinarian), and a health certificate (signed by a licensed veterinarian).
1.9.3 No delivery shall take place until fully coordinated by INL-Mexico Logistics and Canine Teams.
SECTION 2
INSTRUCTIONS, EVALUATION FACTORS AND METHODOLOGY
3.1 BASIS FOR AWARD
The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; and to award the contract to the offeror submitting the proposal determined to represent the best value: The LOWEST priced, technically acceptable proposal.
The Government intends to evaluate proposals and award a contract without discussions with offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
The Government considers it to be in its best interest to award to the lowest priced technically acceptable offeror. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.
3.1.1 Technical: Acceptable / Unacceptable:
| Acceptable |
| Demonstrates understanding of requirements as outlined in Section One of the Solicitation; meets or exceed the specifications outlined on this solicitation ; may have strengths; have no significant weaknesses and no deficiencies; and demonstrates good understanding of requirement. Knows and understand Mexican health and customs requirements for the importation of dogs. |
| Unacceptable |
| Demonstrates a lack of understanding of Section One of the Solicitation; fails to meet the specifications outlined on this solicitation; has major weakness or deficiencies, which cannot be corrected without major changes to the quote. Does not know Mexican authorities requirements for the importation of dogs. |
Annex 1
| No. |
| ITEM |
| SPECIFICATIONS |
| QUANTITY |
| 1 |
| Trained detection canine |
| Fully trained canine in the detection of narcotics, currency and firearms. |
| 29 |
| 2 |
| Transportation and importation to Mexico |
| Air transportation and importation services |
| 29 |
| 3 |
| Kennel |
| Large or extra-large size kennel, airline approved pet carrier. Made from heavy-duty, high impact plastic. Rear ventilation holes. Polypropylene construction. Chrome plated steel door. Leak-proof bottom. Chrome plated side vents. 4-way locking dial-latch door system. "Live Animal" labels. Water cups. |
| 29 |
| 4 |
| Collar |
| 1" wide nylon collar, adjustable length from 16"to 23". 1" Mil-Spec tubular nylon. Quick release, plastic buckle. Metal sliding spacer. Metal D-ring. |
| 29 |
| 5 |
| Leash |
| Heavy-duty, double ply Nylon leash. 18" long x 1" wide. Metal buckle. |
| 29 |
| 6 |
| Nylon muzzle |
| Nylon mesh muzzle. Plastic buckle. |
| 29 |
SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), is incorporated by reference. (See SF-1449, block 27a).
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (JAN 2017)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 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.)
X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
X_(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X_(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).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business 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 (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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)).
X_(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X_(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
X_(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X_(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X_(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (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 (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (48)(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.
__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).
X_(50) 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).
__ (51) 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).
__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X_(54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
X__(57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items [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 (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 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.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) 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).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://acquisition.gov/far/index.html 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 or 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 data universal numbering system number maintenance (dec 2012)
52.204-13 system for award management maintenance
(jul 2013)
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 ACCLERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
The following DOSAR clauses 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”);
(2) Clearly identify themselves and their contractor affiliation in meetings;
(3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever Contractor personnel are included in those listings; and
(4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
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 1 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:
(b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.
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 or 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: TBD (to be determined) 652.225-71
SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979,
as amended (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;
(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,
(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.
652.242-73
AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform this contract; and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
652.229-70
EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS
WITHIN THE UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.
SECTION 3 - SOLICITATION PROVISIONS
Instructions to Offeror. Each offer must consist of the following:
FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014), is incorporated by reference (see SF-1449, Block 27A)
ADDENDUM TO 52.212-1
A. Summary of Instructions. Each offer must consist of the following:
A.1.
A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.
A.2.
TECHNICAL PROPOSAL
Evidence that contractor is capable of complying with the Technical and Performance Requirements specified in Attachment 1, Sections 1 to 10.
A.3.
PRICING PROPOSAL. A document independent from the technical proposal with the pricing breakdown including line item number, description or concept, unit, quantity, unit price, subtotal, VAT tax (if applicable), and Total price.
Pricing proposal shall include the “Price Chart” document in which the contractors shall fill out with the breakdown of unit prices per unit. Instructions for filling out are at the bottom of the chart.
A.4. PAST PERFORMANCE
1. List of clients over the past 2 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services in Mexico then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:
· Quality of services provided under the contract;
· Compliance with contract terms and conditions;
· Effectiveness of management;
· Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and
· Business integrity / business conduct.
The Government will use past performance information primarily to assess an offeror’s capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror’s work experience. The Government may also use this data to evaluate the credibility of the offeror’s proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.
2. Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;
3. The offeror shall address its plan to obtain all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided.
4. The offeror’s strategic plan for acquisition and delivery of Genetics equipment to include but not limited to:
(a) A work plan taking into account all work elements in Section 1, Performance Work Statement.
(b) Identify types and quantities of equipment, supplies and materials required for performance of services under this contract. Identify if the offeror already possesses the listed items and their condition for suitability and if not already possessed or inadequate for use how and when the items will be obtained;
(c) Plan of ensuring quality of services including but not limited to contract administration and oversight; and
(d) (1) If insurance is required by the solicitation, a copy of the Certificate of Insurance(s), or (2) a statement that the Contractor will get the required insurance, and the name of the insurance provider to be used.
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://acquisition.gov/far/index.html/ or http://farsite.hill.af.mil/search.htm.
These addresses are subject to change. IF the FAR is not available at the locations indicated above, use of an Internet “search engine” (for example, Google, Yahoo or Excite) is suggested to obtain the latest location of the most current FAR provisions.
The following Federal Acquisition Regulation solicitation provisions are incorporated by reference:
PROVISION
Title and Date 52.204-7
SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.214-34 Submission of Offers in the English Language
(APR 1991)
52.222-56
CERTIFICATION REGARDING TRAFFICKING IN PERSONS
(MAR 2015)
2.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN— REPRESENTATION AND CERTIFICATIONS (DEC 2012)
SECTION 4 - EVALUATION FACTORS
· Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.
· The Government reserves the right to reject proposals that are unreasonably low or high in price.
· The lowest price will be determined by multiplying the offered prices times the estimated quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total, including all options, if any.
· The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ to include the technical information required by section 3.
· The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:
· adequate financial resources or the ability to obtain them;
· ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
· satisfactory record of integrity and business ethics;
· necessary organization, experience, and skills or the ability to obtain them;
· necessary equipment and facilities or the ability to obtain them; and
· be otherwise qualified and eligible to receive an award under applicable laws and regulations.
ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
The following FAR provisions are provided in full text:
52.225-17
EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures—
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise
(2) On the date specified for receipt of proposal revisions.
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2016) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal.
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