RFQ_PACKAGE_-19PE5019Q0098_-_Pick_up_vehicles.pdf

Embassy of the United States of America

Lima, Peru

May 22,2019

To: Prospective Quoter

Subject: RFQ 19PE5019Q0098 * Pick up vehicles

1. Standard Form SF-1449 (you have to fill blocks 17,23,24, & 30a, b, c)

2. Company qualifications and Evaluation Factors.

3. Instructions to Offerors (Quotation rules and evaluation method)

4. FAR & DOSAR Clauses

The Embassy plans to award a Purchase Order. You are encouraged to make your quotation competitive. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

As per US Govemment regulations, in order to participate in this RIQ it is required that the offerors are duly registered at SAM (System o Award Management). Ifyou are not registered and you want to participate of this RFQ, you must initiate this process. Please contact Mrs.

Jessica Mendez at Mendez(Ostate.gov in case you have any questions.

Sincerely, N m1 a)

C

Enclosure: As stated ontractlng Officer

The American Embassy, Lima, Peru, is looking for a vendor to provide five (5) Pick up vehicles and invites you to submit a quotation. The Request for Quotation (RFQ) consists of the following sections:

Please read the RFQ carefully, and if you are interested, submit your quotation. Retum the completed SF-1449 to the address shown in Block 9 of the SF-1449 no later than July 1,2019 before 10:00 a.m. Oral quotations will not be accepted.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

6.

SMALL BUSINESS PROGRAM NAICS

PAGE 1 OF 17 PAGES

CODE

2. CONIRACI NO. N

DATE

0 2a2019

8, OFFER DUE OAIE/

LOCAL TIME

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14, MEIHOD OF SOLICIIAIION

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16. ADMINISTERED BY

AMERICAN EMBASSY LIMA

Ac. trma Polo Cdr.2 Mont6di@ ATTN] GSO/Po@..m€nl

! sre screoure

CODE

TELEPI-]ONE NO

3OA. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAMEANOTITLE OF SIGNER (Ttp ot pnht)

CODE

CODE

18.. PAYMENTWILL Bl MADE BY

AMERICAN EM&ASSY LIMA

ENCALADA AV, SLOCK 17 SPNTIAGO OE SURCO ATTN

CODE

31a. UNTTEDSTATES OF AMEREA fS,GNr4rURE OF CO,VTRACI|NG OFFICER)

31c. OATE SIGNE0 f]17b, CHECKIF REMI-TANCE IS OIFFERENTANO PUTSUCHADORESS IN 10b. suBMtT tNVotcEs lo A

BELOWIS CHECKEO

ODRESS SHOW\I IN BLOCK 16A UNLESS SLOCK

!seeeooerouu

19.

ITEM NO,

23. CONTRACTOR lS REQUIREOTO Sl6N rHrS DOCUMENTANO RET!RN_COP|ES

TO ISSIJING OFFICE. CONTRACTOR AGREES IO FURNISHAND DELIVERALL ITEMS

SET FORTH OR OTHERWSE IDENTIFIEOABOVE AND ON ANY ADDITIONAL SIi EEIS

SUBJECT TO THE TERMS ANO CONOITIONS SPECIFIED HEREIN.

29. AWARD OFCONTRACTT REF _ OFFER OATEO

YOUR OF'ER ON SOLICITATION (BLOCK 5).INCLUDING ANY

AOOITIONS OR CHANGES WHICH ARE SEI FORTH HEREIN IS ACCEPIEDAS

TO ITEMS

25 ACCOUNTING AND APPROPRIATION OATA 26. TOTAL AWARO AIIIOUNT (For Goi Us Ohty) lzz4sorrcnrrtor! trcoRPoRATEs sY REFERENGE FAR 52 212-1, 52.?124. FAR 52.212-3 ANO 52 212-5 ARE ATTACHED. ATOENOA I ene f]eae tOr erraCleO

CONTRACT/PURCHASE OROER INCORPORATES AY REFERENCE FAR 52 212.4. FAR 52.212-5IS ATIACHEO AOOENOA lnne $ne ror errrcreo

1 REOUISITION NUMBER

PR8263023

3, AWARO/ EFFECTIIE

DATE

4 ORDER NUMBER 5, SOLICITATION NUMBER

19PE501900098

a, NAME b. TELEPHONE NUMBER(No c.I|.cl

61V2190

12, OISCOUNT TERMS 138, THIS CONTRACT IS,A

RATED ORDER UNDER

oPAS 05 CFR 70O)

SCHEDULE OF SIJPPLIES/SERVICES

21. 22.

UNIT

UNIT PRICE

(Use Re@e ad/or Atteh Additioral Srers as Neess/y)

3OC OATE SIGNED 31 b. NAME OF CONTRACTING OFFICaR (fyp. ot pnnt)

AUTORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDIION IS NOT USABLE Computer Gene.ated

STANDARD FORM 1449 (REV. o2l2012) Prescnbed by GSA- FAR (48 CFR)53.212

7. FOR SOLICITATION

INFORIiIATION CALL:

9, ISSUEO BY CODE

AMERICAN EMMSSY UUA

aE um. Poro cd6 2 Mont..'@. ATTN: GSO/P@6m.,n

! euerctrrc s^ao.t eust"ess

15. DELIVER TO

AMERICAN EMBASSY LIMA

INL W.BhoG. Av. Elm€r F.u@t cd6.

40sN coodinrt. d€livory 24 houB in

UNIT PRICE

20'

SCHEDULE OF SUPPLIES/SERVICES

21.

OUANT'TY

22.

UNIT

Pick-up vehides wnh the loilot /ing basE sp€.ifcaions:

Double cab, 4 doors, year 20'l I. zlxil. Manual lraosmission 6 sp€€d,4 cllinder,lurbo inter-cool6r, 16 valves Dies€I, 17" rims, brak.s ABS lndudes: f,oor mats and securily lock3 for tront and r6arlamps, exte or mirors and emblems.

ITEM NO

32A QUANTIry IN COLUI,IN 21 HAS BEEN

24.

AMOUNT

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING AODRESS OF AUTHORIZEO GO\,'ERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZEO GOVERNMENT REPRESENTATIVE

329, E.MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 SHIP NUMBER 37. CI]ECK NUMBER

fl PARTAL fl F|NAL

33. S/R ACCOUNT NO. 40, PAID BY

41 a I CERTIFY THIS ACCOUN T lS CORRECT AND PROPE R FOR PAYME NT 42a RECEIVED BY enr.

42b RECEIVED AT lLoca,ionl

.2d. TOTAL CONIAINERS

32c. OATE

3.4 VOIJCIiER NUMBER 35. AMOUNT VERIFIEO

CORRECT FOR

! CoMPLETE ! PARnAL E flNAL

39 S/R VOUCNER NO

42c AAIE REC A (YY/|,|M/DD)

41b. SIGNATURE ANDTITLE OF C ERTIFYING OFFICE R

STANDARD FORM 1,149 (REV. 2y20'12) BACK

Price: CIF Callao Oeliverylimer 30 days ARO atAla aer€a No 2 - Hangar Ameri6no Cdra 40 Av Elmer Faucefi C6llso Paymenl lerms: 30 days upon salislaclory rec€ipt of acc'rrate endorsed documenls system lor Award Managemenl (sAM): Musl posses an aclive SAM rcgistralion.

Msnuladurer waaranty: 5 years or 150,000 km

D REcEtvED ! tNSpEcrED E ACcEprED, AND coNFoRMS To rHE coNTRAcr, ExcEprAS NorED: _

SECTION 2 _ COMPANY QUALIFICATIONS AND EVALUATIN FACTORS

REQUIREMENTS:

- LIST OF DOCUMENTS FOR VEHICLE IMPORTS LOCAL PURCHASE (BY

ENDORSEMENT):

1 . Dam ( Declaracion Unica de Mercancias) for Temporary Regime signed by the

Legal Representative of the Custom Broker of the vendor. Three copies.

2. Local Certificate of Temporary Bonded Warehouse provided by the vendor. Three copies.

3. Bill of Lading. Three copies endorsed to the official consignee of the counter narcotics agreement.

4. Commercial Invoice. One original and two copies.

5. Invoice/ Packing List, issued by the vendor at point oforigin, specifuing:

a) Description of units, specifling brand, commercial name, model, year of manufacture, country of origin, customs position (Code) as well as customs description in which the maximum torurage load capacity must be included.

Number of Units Unit FOB value Total FOB value Ijnit Volume and Total Volume

f) Unit Weight (kg) and Total Weight

g) P/O Number(s)

6. Engine frame list issued by the vendor at origin. Should specift Frame Number, VIN, Motor Number and color.

7. Equipment List. Should make reference to the commercial invoice number and be issued by the vendor at origin. Should specif vehicle's commercial name, as well as model and main equipment (Exterior, Interior and Security/Safety).

8. Emission Ce(ificate, in the form of affidavit, issued by the vendor and addressed to Customs.

9. Insurance Policy.

10. Technical specifications of the units per brand/model.

The official consignee ofthe counter narcotics agreement in Peru, in all shipping documents must be:

EMB ESTADOS UNIDOS - INL- ASUNTOS ANTINARCOTICOS

Address: Ala Adrea No. 2- Hangar Americano

Cdra. 40 Av. Elmer Faucett Callao - Peru

POC: Ana Vizcardo E mail: avizcardo inl

b) c) d) e)

Direct phone number: (511) 618 2817

Page | 3

QUALIFICATIONS OF OFFERORS

At a minimum, each OfferoriQuoter must meet the following requirements:

(1) Have an established business presence in Peru of at least 10 years with a permanent address and telephone listing. In addition, it must be able to provide authorized dealer's maintenance/repair shops.

(2) Have the necessary personnel, equipment and financial resources available to perform the work;

(3) Have all licenses and permits to operate in Peru required by local law

(4) Meet all Peruvian insurance requirements,

(5) Demonstrate past performance and experience by providing a list of major clients over the past three years.

EVALUATION CRITERIA

Award will be made to the lowest priced, acceptable, responsible quoter. The Government reserves the right to reject quotations that are unreasonably low or high in price.

The Govemment will determine acceptability by assesingthe offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing wheter the apparent successful quoter complies with the requirements ofFAR 9.1, including:

r Ability to comply with the required specs, taking into consideration all existing commercial and governmental business commitments;

o Adequate financial resources or the ability to obtain them o Satisfactory record of integdty and business commitments;

. Necessary organization, experience, and skills or the ability to obtain them o Necessary equipment and facilities of the abilif to obtain them, and o Be otherwise qualified and eligible to receive an award under applicable local laws and regulations.

o Offeror must submit complete and signed copy of SF1449, proof of SAM registration and supporting documentation in English.

Page | 4

Note: ln case the vendor has a local representative, a POC must be provided.

SECTION 3 INSTRUCTION TO VENDORS AND EVALUATION FACTORS

52.212-L lnstructions to Offerors-Commercial ltems.

As prescribed in 12.301(bX1), insert the following provision:

lNSTRUcroNsro oFFERoRS-CoMMERcTAL hEMs (JAN 2017)

(a) North American lndustry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard forthis acquisition appear in Block

10 ofthe solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number ofthe offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy ofthe representations and certifications at FAR 52.212-3 (see FAR

5 2.212-3 (b) for those representations and certifications that the offeror shall complete electron ically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);

and

(11) lf the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions ofthe solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required bythe solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this

Page l5 solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 ofthe Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. lf no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are d ue.

(2Xi) Any offer, modification, revision, or withdrawal of an offer received at the

Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the ContractinB Officer determines that accepting the late offer would not unduly delay the acq uisition; and-

(A) lf it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received atthe Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) lf this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) lf an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. lf the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the

Page | 6 person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to lnvitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1}(i) The GSA lndex of Federal Specifications, Standards and Commercial ltem

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East llEnfant Plaza, SW

Washin4on, DC 2O4O'1

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) lf the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla. m illon lin e/start/).

(ii) Quick Search htt uicksearch.dla.mil

(iii) ASSlSTdocs.com (http://a ssistd ocs. co m ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.d la.m illwizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

Page l7

19111-5094, Telephone (215) 697-2667 /2L79, Facsimile (215], 697-L462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparatlon, publication, or maintenance.

U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of 53,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity ldentifie/' followed by the unique entity identifierthat identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion ofthe Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. lf the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.sov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. lf the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed th rough https://www.acq u isition. gov.

(l) Debriefing. lf a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation ofthe significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Page l8

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2005-97, Dated 04/19/2018)

COMMERCIAL ITEMS

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http s: //T.lr.rnr,. ac qui s iti o n. eo v/l'ar

DOSAR clauses may be accessed at: http://w\.!-\tr.statebuy.state.sov/dosar/dosartoc.htm

FEDERAL ACQUISITION REGULATION (48 CFR Chapter l) CLAUSES

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel (if contractor requires physical access to a federally-controlled facility or access to a Federal information system)

JAN 2011

52.212-4 Contract Terms and Conditions - Commercial Items (Altemate I (MAY 2014) of 52.212-4 applies if the order is time-and-materials or labor-hour)

JAN 2017

Contractor Personnel in a Diplomatic or Consular Mission Outside the United States (applies to services at danger pay posts only)

MAR 2OO8

52.227-19 Commercial Computer Software License (if order is for software)

DEC2OOT

52.228-3 Workers' Compensation Insurance (Defense Base Act) (iforder is for services and contractor employees are covered by Defense Base Act insurance)

JUL 20I4

s2.228-4 Workers' Compensalion and War-Hazard Insurance (if order is for services and contractor employees are lE!

covered by Defense Base Act insurance)

APR I984

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

As prescribed in 12.301(b)(4), insert the following clause:

Page | 9

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) s2.22s-19

CoNrRRcr Tenus nlto CoNotttous ReQutReo To ltrlpleueur STATUTES oR Execurtve

ORDERS-COMMERCIAL ITEMS (JAN 201 8)

(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 Intemal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Funher

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

201s).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Ocr 2004)(Public Laws 108-

77 and108-78 I9 U.S 805 note ).

(b) The Contractor shall compiy 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.]

_(1) 52.203-6, Restrictions on Subcontractor Sales to the Govemment (Sept 2006), with Altemate I (Oct 1995) (4ll$-e.{04 and 10 U.S.C. 2402).

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

3s09).

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

Reinvestment Act of2009 (June 2010) (Section 1553 ofPub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestn:rent Act of 2009.)

_ (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 Conffact Reporting Requirements (Oct 2016) (Pub. L. 1 11-1 17, 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).

_(8) 52.209-6, Protecting the Govemment'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) (41U.S.C. 2313).

Page I l0

( 1 0) [Resen ed]

_(1lxi) U.S.C. 657a).

52.2r9-3 Notice of HUBZone Set-Aside or Sole-Source Award Q.Jov 2011) ('l 5

_ (ii) Altemate I (Nov 201 I ) of 52.2 1 9-3.

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

Concems (Ocr 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) l5 u.s.c.657a

_ (ii) Altemate I (JAN 201 I ) of 52.2 I 9-.1.

( 13) [Reserved] (14)(i) 5l.l l9-6, Notice of Total Small Business Set-Aside (l',lov 2011) l5 IJ.S.C. 644

_ (ii) Altemate I (Nov 201 I ).

_ (iii) Altemate II Qllov 201 I ).

_ (15XD 52.219-7, Notice ofPartial Small Business Set-Aside (June 2003) (15 u.s.c.

644).

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

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

Utilization of Small Business Concems (Nov 201 6) l5 u.s.c.637 d(16) 52.219-8 2 and (3))

_ (17XD 52.219-9 Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(dX1D.

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

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

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

_ (v) Altemate IV (Nov 2016) of 52.219-9.

_ ( 18) 52.219- 13, Notice of Set-Aside of Orders (Nov 2011) l5 u.s.c.644 r

_ (19) 52.219-14, Limitations on Subcontracting (lan 2017) (15 tJ.S.C. 637(a)(14))

_ (20) 52.219-1,6, Liquidated Damages Subcon-tracting Plan (Jan 1999) I5 U.S.C

637(dX4XFXi)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) l5 u.s.c.657

_(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (L5

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) l5 u.s.c.637 m

_(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concems Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 tJ.S.C.617(m)).

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

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

Pagelll

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

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

_(29) 52.212-35, 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 (Fee 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)(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) 22 U.S.C. chapter 78 andE.O.13627).

_ (ii) Altemate I (Mar 2015) of 52.222-50 (22!-S-]lshqpIqlt and E.O. 13627).

_(34) 52.222-54, Employment Eligibility Verification (Ocr 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.)

_ (35Xi) s2.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) 42 t) .5.C.. 6962 A c J ll . (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Altemate I (May 2008) of 52.223-9 42 U.S.C. 6962 . Q.,lot applicable to the acquisition of commercially available off-the-shelf items.)

_(36) 52.223-ll, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jutt 2016) (8.O. 13693).

_(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jw 2016) (8.O. 13693).

_ (38Xi) 52.223-13, Acquisition of EPEAT@-Registered Imaging Equipment (JuN 2014)

(E.O.s 13423 and 13514).

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

_ (39X0 52.223-14, Acquisition of EPEAT@-Registered Televisions (Jw 2014) (E.O.s

13423 and 13514).

_ (ii) Altemate I (Jun 2014) of 52.223-t4.

_(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEc2007) (42 u.s.c. 82s9b).

_ (41X0 52.223-16, Acquisition of EPEAT@-Registered Personal Computer Products

(Ocr2015) (E.O.s 13423 and 13514).

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

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

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

_(44) 52.223-2t, Foams (JuN 2016) (E.O. 13693).

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

) C

Page | 12

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

_(46) 52.225-1, Buy American-Supplies (May 2014) ter 83

_ (47Xi) 52.225-3 Buy American Free Trade Agreements Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, l9 U.S.C. 3301 note, 19 U.S.C. 2l l2 note, l9 U.S.C. 3805 note, l9 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, i09-169, 109-

283, 110-138, 112-41,112-42, and 112-43.

_ (ii) Altemate I (May 2014) of 5?.225-3.

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

_ (iv) Altemate III (May 2014) of 52.225-3

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

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

_ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, ofthe National Defense Authorization Act for Fiscal Year 2008 10 U.S.C. 2302 Nole

_ (s1) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C

5150).

_(s2) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) 42 U.S.C.5150

_X_ (53) i2.232-19, Terms for Financing of Purchases olCommercial Items (Feb 2002)

4l u.s.c.4505 l0 u.s.c. 2307(1)).

_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) 41 U.S.C.4505 l0 u.s.c.2307(0).

_,X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 1332).

_ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

_(57) 52.232-36, Payment by Third Party (May 2014)

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

_(59) 52.242-5, Payments to Small Business Subcontractors (Jer 2017)(15 U.S.C.

637(d)(12)).

_ (60x, 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) 46 U,S.C. A x. l24l and l0 U.S.C.2631).

_ (ii) Altemate I (Apr 2003) of 522.47-64.

(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

4l U.S.C. cha

3l u.s.c.3332 b

3l u.s.c. 3332

Page | 13 contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_(l) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_(2) 52.222-41, Service Contract Labor Standards (May 2014) ler 67

_(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C

206 and 4l 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 4l U.S.C.

chapter 67).

_ (5) 52.222-41 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29!.$.C.2-Q6 and 4l U.S.C. chapter 67).

_ (6) 52.222-51 Exemption from Application ofthe Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) 41 U.S.C. cha ter 67

_(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) ter 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) (8.O. 13706).

( 10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

42U.5.C.1792

_(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (3I U,S,C

5ll2(o)(l)

4l U.S.C. c

4l U.S.C. cha

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions ofthis 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 ofthe 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, ofthe other clauses ofthis 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 oftype 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.

(exl) Notwithstanding the requirements ofthe 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 paragaph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent ofthe flow down shall be as required by the clause-

(i) 52.103 - l l, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C

350e).

(ii) 52.203- 19, Prohibition on Requiring Certain Intemal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, ofthe 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)).

(iiD 52.1I 9-8, Utilization of Small Business Concems (Nov 2016) 15 U.S.C.637 2 and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concems) 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) ofFAR 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) 51.222-i5, Equal Opportunity for Veterans (Oct 2015) 38 Il.S.C. 42r 2

(viii) 52.212-i6, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C 7qt)

(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 201 0) (E.O. I 3496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-10.

(xi) 52.222-11 Service Contract Labor Standards (May 2014) ter 6 (xii)

52.222-50, Combating Trafficking in Persons (Mar 2015) €2!S-.1]-ebaptcr_7&and E.O 13627).

Altemate I (Mar 2015) of 5l.lll-50 22 U.S.C. cha ter 78 and E.O 13627

(xiii) 52.222-5 I, Exemption from Application ofthe Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) 4l U.S.C. cha ler 67

(xiv) 52.222-5i, Exemption from Application of the Service Contract Labor Standards to

4l U.S.C. c

Contracts for Certain Services-Requirements (May 2014) 4l U.S.C. cha Ier 67

Page | 15

(xv) 52.222-54, Employment Eligibility Verification (Ocr 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 (JeN 2017) (8.O.

t3706).

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

(B) Altemate I (JaN 20 I 7) of 52 .224-3 .

(xix) 52.225-26, Conhactors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, ofthe National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

("*) Promoting Excess Food Donation to Nonprofit Organizations (May 2014)52.226-6

42U.5.C. t792 . Flow down required in accordance with paragraph (e) of FAR clause 52.226-6

(xxl) 52.217-64, 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) oIFAR clause 52.217-64.

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

(End of clause)

DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6)

CLAUSES

NUMBER TITLE DATE

652.225-71 Section 8(a) ofthe Export Administration Act of 1979, As Amended (if order exceeds simplified acquisition threshold)

AUG 1999

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States (for supplies to be delivered to an overseas post)

JUL 1988

6s2.229-71 Personal Property Disposition at Posts Abroad 652.237-12 Observance of Legal Holidays and Administrative Leave

(for services where performance will be on-site in a Department of State facility)

APR 2OO4

652.239-71 Security Requirements for Unclassified Information Technology Resources (for orders that include information technology resources or services in which the contractor will have physical or electronic access to Department information that directly supports the mission of the Department)

SEP 2OO7

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AUG 1999

652.242-70 Contracting Officer's Representative (if a COR will be named for the order) Fill-in for paragraph b: "The COR is"

AUG I999

652.242-71 Notice of Shipments JUL I988 652.242-73 Authorization and Pertbrmance AUG 1999 652.243-70 Notices AUG I999 652.247-71 Shipping Instruction FEB 2015

The following clause is provided in full text, and is applicable for orders for services that will require contractor employees to perform on-site at a DOS location and/or that require contractor employees to have access to DOS information systems:

652.204-70

(MAY 2011)

Department of State Personal Identification Card Issuance Procedures

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://w'ww.state.gov/m/ds/rls/rpt/c2 I 664.htm.

(End of clause)

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