U.S._Embassy_Maputo_-_Cellphone_Solicitation_-_02.26.2018.A.doc

U.S. Embassy Maputo, Mozambique

February 26, 2018 Avenida Kenneth Kaunda 193 Tel: 258 21 492797 Caixa Postal, 173

Maputo, Mozambique

Dear Prospect Offeror Subject: Request for Quotations 19MZ5018R0003 Enclosed is a Request for Quotations (RFQ) for mobile telephone services. If you would like to submit a quotation, follow the instructions in Section 4 of the solicitation, complete the required portions of the attached document, and submit it to the following address:

U.S Embassy

193, Kenneth Kaunda

Tel: 21 492797

Maputo

Please submit your quotation in a sealed envelope marked "Quotation Enclosed" to the above address. The deadline for receipt of quotations is 17:00 local time, on March 28, 2018 No quotations will be accepted after this time.

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

SF-1449 (blocks 17, 24 and 30). Block 24 should list the total value of the quote for the base year and the option year.

Section 1, The Schedule Section 5, Representations and Certifications

Additional Information as required in Section 4.

A pre-proposal conference has been scheduled for March 8, 2018 at the U.S. Embassy General Services Office, JAT Complex, Rua 1231, No. 41 Bairro Central C., Maputo. Direct any questions regarding this solicitation in writing to Adam Wallingford, Contracting Officer. Questions must be written in English and may be sent to email MaputoStateGSO-Procurement@state.gov.

The U.S. Embassy 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.

All contractors have to be registered in the SAM (System for Award Management) Database https://www.sam.gov prior to contract award pursuant to FAR provision 5.207. Therefore prospective offerors are encouraged to register prior to the submittal of quotations/proposals

The guidelines for registration in SAM are also available at: https://www.statebuy.state.gov/pd/Pages/AdditionalVendorReg.aspx

Sincerely, Adam Wallingford

Contracting Officer (CO)

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number: 19MZ5018R0003

· Continuation To SF-1449, RFQ Number : 19MZ5018R0003

· Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

· Contract Clauses

· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

· Evaluation Factors

· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

· Representations and Certifications

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER S- 19MZ5018R0003

PRICES, BLOCK 23

SECTION 1 - THE SCHEDULE

1.

SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Maputo, Mozambique. This encompasses three separate United States Government agencies: Department of State, United States Agency for International Development (USAID), and the Centers for Disease Control (CDC). The prices listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit. The Embassy will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed. If Contractor fails to provide deliverables as defined in contract, they will forego payment for that month.

The technical aspects of the contract will be managed by Embassy IMO as main Contracting Officer’s Representative (COR), with representatives from USAID and CDC acting as Government Technical Monitors (GTM). All GTM and COR have required certification and training. The GTM’s will review bills for accuracy. Any changes to the Contract deliverables or stipulations can only be made by the Contracting Officer.

II.

PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with four one-year options to renew. The option to renew the four additional yearly options is up to discretion of Embassy and will depend upon satisfactory performance of Contractor during year one.

III.

PRICING

The currency of this contract is ____________________ (offeror shall insert currency.) Local companies shall offer in Mozambican Meticais.

During each contract period, the Embassy shall place orders totaling a minimum number of 500 “smart” and “standard” subscriptions per period of performance. This reflects the contract minimum for each period of performance. The total amount of all orders shall not exceed 800 subscriptions per period of performance. This reflects the contract maximum for each period of performance.

Description of Goods/Services

Tax Per Month

Base Year Total

Description of Goods/Services

Tax Per Month

Option Year One Total

Description of Goods/Services

Tax Per Month

Option Year Two Total

Description of Goods/Services

Tax Per Month

Option Year Three Total

Description of Goods/Services

Tax Per Month

Option Year Four Total

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. The amount of VAT to be charged is 17%. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is included in each performance period. The portions of the solicitation subject to VAT are:

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4Total

Grand Total for Base + All Option Years

CONTINUATION TO SF-1449

RFQ NUMBER 19MZ5018R0003

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1.

PERFORMANCE WORK STATEMENT

This contract is for mobile telephone services. The U.S. Embassy is using 500 lines for official purposes, and requires the capacity to increase as required. The Contractor shall provide complete mobile telephone services for the U.S. Embassy of the Unites States of America, Maputo, Mozambique. Services provided shall include:

· Mobile Telephone equipment depending on the plan the government adopts.

· Training on the use of handsets to be provided

· The approved handheld devices; currently limited to the iPhone or equal models specified below:

Devices:

· Mobile Devices (Cell Phones): The contractor shall certify that all mobile devices (also referred to as cell phones) and accessories are of Original Equipment Manufacturer (OEM) origin.

· Model: Contractor shall provide mobile devices to meet or exceed the specifications as specified attachment 1 and 2.

· Memory: The device shall be capable of storing at least 200 numbers in the contacts list, 10 recently dialed numbers, 10 received numbers, and 10 missed call numbers.

· International Roaming: As a default, International Roaming shall be enabled for all device plans except those without data included, for which international roaming will be disabled. The Contractor shall enable or disable International Roaming within 24 hours of receiving a request from the COR.

· Wireless Modem Technology: Wireless Modems, otherwise referred to as tethering technologies access, shall not be required. If included in the package, Wireless Modem access shall be disabled with an option for the feature to be enabled on request from the Contracting Officer’s Representative (COR) only.

· Streaming Media Capabilities: Streaming Media Capabilities shall not be required. If included in the package, Streaming Media Capabilities shall be disabled.

· Battery Life: The battery shall be capable of 200 talk minutes between charges.

· iPhones: The “iPhones or equal models” are of Original Equipment Manufacturer (OEM) origin and the latest models offered are; iPhone SE, 6S, 6S Plus, iPhone7 and iPhone7 plus. See attachment 1 for product specifications.

· Nokia Phones: The “Nokia Phones or equal models” are of Original Equipment Manufacturer (OEM) origin. See attachment 2 for product specifications.

Plans:

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately to the customer’s satisfaction, and the COR must be immediately informed of any problems and their resolution.

Plan Group One – Data Plans Plans in this group include both government and contractor furnished phones:

· 500 Minutes, 3 GB Data, Unlimited Text

· 500 Minutes, 5 GB Data, Unlimited Text

· Unlimited Talk, Data, and Text

This plan should include all of the below options:

· Call originating from within Mozambique, to a number within Mozambique and any call received while within Mozambique – Minutes to be counted against base number of minutes included in plan

· Call originating from within Mozambique, to another number within Mozambique on the U.S. Mission Contract – unlimited minutes, not counted against base number of minutes included in plan

· Voice Mail – included in base rate

· SMS Messaging – unlimited, included in base rate

· International Calls - additional charge per minute*

· International Roaming - additional charge per minute*

· Transfer of current cell phone number to contract (where possible) – included in base rate

· 24-hour Customer Service

· Detailed Billing of individual calls made and data consumed separated by telephone number

· Usage limits: Contractor shall create SMS based limit system to notify users once they reach their package limits

· Standard size SIM card – included in base rate Plan Group 2 – Standard Plan Plan in this group includes both Government and Contractor furnished phones

· 500 Minutes voice only, unlimited SMS This plan should include all of the below options:

· Call originating from within Mozambique, to an number within Mozambique, and any call received while in Mozambique - Minutes to be counted against base number of minutes included in plan

· Call originating from within Mozambique, to another number within Mozambique on the U.S. Mission Contract – unlimited minutes, not counted against base number of minutes included in plan

· Voice Mail – included in base rate

· SMS Messaging – unlimited, included in base rate

· International Calls - additional charge per minute*

· International Roaming - additional charge per minute*

· Transfer of current cell phone number to contract (where possible) – included in base rate

· 24-hour Customer Service

· Detailed Billing of individual calls made and data consumed separated by telephone number

· Usage limits: Contractor shall create SMS based limit system to notify users once they reach their package limits

· Standard size SIM card – included in base rate

* At the request of the Embassy, these services may be disabled for specific lines, and not able to accrue charges.

The Contractor shall provide text notifications to each telephone line when it has reached its data and voice limit for the month.

1.1 EQUIPMENT PACKAGE

If the Embassy procures the phone from the service provider, the basic package shall include, but is not limited to, the following items:

Mobile Phone

Batteries (at least Li-Ion)

Battery Charger, Vehicle charger

Hands Free kit

Phone cover

User Manual

Safety Certificate and Brochures

The Premicell devices will be installed in the mail Office line (PBX) for managing outside calls. It is required to be GSM 900/800 or 850/1900 Mhz.

The Contractor will provide Prepaid SIM cards of standard size, registered in the Embassy’s name as provided in the price table.

1.2 CALLS WITHIN Mozambique The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around Maputo with special consideration to all urban areas and main traffic routes.

1.3

INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.

1.4

INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible. Connectivity within the USA is required. The Contractor must disable international roaming for any line requested by the Embassy.

1.5

WIRELESS APPLICATION PROTOCOL (WAP)

The Contractor shall provide Internet connection through their network to the Wireless Application Protocol (WAP) Internet sites.

1.6

SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.7

VOICE MAIL

The Contractor shall provide Voice Mail services in English and Portuguese Language. A Voice Mail Box shall be prepared for each number separately as per standard practice.

1.8

CUSTOMER SERVICE

The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.

1.9

DETAILED BILLING

1.9.1 The Contractor shall provide a monthly breakdown of calls made and data consumed by individual numbers. If the Contractor is unable to provide call details on a monthly basis, this will be considered breach of contract and may be grounds for cancellation of contract as an IDIQ contract. The breakdown shall clearly show:

· Called Number

· Time and Date of the Call

· Duration of the Call

· Price of call, differentiating between minutes included in the base rate and those that are charged in addition to base rate

· Data consumed by amount and date

· Price of data, differentiating between data included in base rate and those that are charged in addition to base rate

1.9.2 The detailed call and data information should be sent digitally in excel format to the Contracting Officer Representative and Financial Management Office concurrently with invoices. Invoices will not be considered received until detailed billing information is made available. Detailed billing information should be sent electronically to:

MAPUTOSTATEFMO@STATE.GOV and MAPUTOTECHCOMM@STATE.GOV

2.

INVOICING

(a) The Contractor shall submit monthly invoices to the Contracting Officer Representative at the address shown in paragraph d below. A proper invoice must include the following information:

· Contractor's name and bank account information for payments by wire transfers

· Invoice Date

· Contract Number

· Embassy Tax Registration Number (NUIT)

· A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency has to be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule

· A detailed list of all calls made for each line

· Prompt payment discount, if any

· Name, title, phone number, and address of person to contact in case of defective invoice

(b) If an invoice does not contain the above information, the Embassy reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor must then submit a proper invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Embassy agency. That agency representative will review the detailed invoice and either approve for payment or advise the GTM of the inaccuracies found. It shall be the GTM who will interact with the Contractor on any invoice problems.

(d) The Contractor will send all invoices to the following address:

Embassy of the United States of America

Finance Management Officer (FMO)

Av. Kenneth Kaunda; 193

Maputo

(e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice

3.

KEY PERSONNEL

3.1 The Project Manager must be able to converse in English and Portuguese. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION ___________________

NAME _________________

Project Manager ______________________________

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Embassy will modify the contract to reflect any changes in key personnel.

4.

PERMITS

Without additional cost to the Embassy, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Mozambique country laws.

5.

EMBASSY FURNISHED PROPERTY

5.1 The Embassy intends to use Embassy Owned Equipment and Accessories as listed:

· Unlocked, quad-band GSM/3G/4G, single or dual SIM cell phones

· Unlocked Android, and Apple IOS smart phones.

· GSM cellular gateway equipment linked to embassy PBX.

The Contractor shall provide a fully functional, standard size, SIM card, telephone number, and appropriate security codes PIN’s and PUK codes for all existing Embassy cell-phones included in base plan rate.

6.

ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes to the COR within 24 hours after receiving a delivery order under the contract included in base plan rate.

7.

NON-OFFICIAL LINES

This Contract is valid only for official Embassy needs.

8.

DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Embassy shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

9.

TECHNOLOGICAL REFRESHMENT

After contract award, the Embassy may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Embassy’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Embassy may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Embassy, a demonstration of the substitute product may be required. The Embassy is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

(a) The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

(b) The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

(c) The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Embassy. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

10.

SPECIAL SHORT TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.

11.

DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within 7 days.

12.

TRAINING

The Contractor shall provide, at no additional cost, training to all U.S. Embassy employees who received a mobile phone. Training to be provided will include the proper operation of the equipment purchased and the equipment’s operating features. The training will be coordinated with the COR to match the U.S. Embassy work schedule.

13.

EQUIPMENT RETURN/DEFECTIVE POLICY

If a telephone is defective or is being returned, the telephone will be exchanged within 2 business days.

14.

CUSTOMER SERVICE CENTERS

The Contractor is to provide a telephone number for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services.

15.

SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.

The Contractor shall have a recovery plan in place that shall deal with such occurrences.

16. 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 Embassy, is responsible for management and quality control to meet the terms of the contract. The role of the Embassy is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all products and services set forth in the scope of work.

17. SPECIAL CONDITIONS

The contractor shall allow for migration of existing mobile telephone numbers. Upon exchange of cell phones, the existing cell phone number shall be transferred to the new cell phone, In the event a number cannot be transferred the service provider will immediately notify the Embassy and secure a new number at the beginning or end of the sequence that is currently in use.

Attachment 1 – iPhone or equal model specifications

· Displays between 3.5 and 5.5 inches.

· Storage of 32GB minimum and 128GB maximum

· Front (1.2 MP or greater) and rear (8 MP or greater) facing cameras enabling video calls

· Battery life of up to 12 hours mixed usage

· Touchscreen or QWERTY keyboard

· Up to 200 grams in weight

· Wi-Fi and GPS capability Attachment 2 – Nokia or equal model specifications

NETWORK

2G and 3G bands

GSM 900 / 1800

GPRS

No

EDGE

No

MEMORY

Card slot No

Phonebook 500 entries

CAMERA No

Loudspeaker Yes

USB

No

FEATURES

Messaging SMS

BATTERY

Stand-by Up to 24.00hrs minimum Talk time Up to 8 h 30 min

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).

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items

Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items (Nov 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) 52.203-19, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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].

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

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

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 (Jan 2017) (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 (Jan 2017) (15 U.S.C. 637(a)(14)).

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

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

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

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

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

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

_X_ (26) 52.222-19, Child Labor.Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

__ (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).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

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

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

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

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

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

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

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

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

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

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

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

_X_ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

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

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer.System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (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) 52.203-19, 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) 52.219-8, 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.

(iv) 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.

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

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

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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

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

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

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE

TITLE AND DATE

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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (OCT 2016)

52.228-3

52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)

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)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18

ORDERING (OCT 1995)

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

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

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

52.216-19

ORDER LIMITATIONS (OCT 1995)

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