Solicitation_Number_19SS3019P0030_for_real_estate_service.doc

REAL ESTATE BROKERAGE SERVICES

COMMERCIAL ITEM FORMAT

CONTRACTING OFFICER TICKLIST AND GUIDANCE FOR THIS MODEL

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Post should work with M/OBO/PRE real estate in completing this model solicitation. If proposed prices are unrealistic or too high the Contracting Officer must consult with M/OBO/PRE real estate portfolio manager responsible for the transaction.

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General - The attached model solicitation (Request for Quotations or RFQ) is prepared in the commercial item format prescribed in FAR 12.303.

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Always use A/OPE’s most recent contract model. Do not recycle an older version. The FAR clauses in the Contract Models are updated many times each year. Link to contract models on A/OPE intranet site at: http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47

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If you have questions about FAR Provisions and clauses, consult FAR subpart 52.3, the provision and clause matrix, at http://acquisition.gov/far/current/html/52_301Matrix.html. Do not delete any provisions or clauses without talking with your A/OPE Desk Officer.

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In the documentation to the A/ OPE Desk Officer, Contracting Officer has stated the file name of the model the Contracting Officer has copied from A/OPE’s intranet site at:

http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47

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Instructions for each “[Note to Contracting Officer]” have been followed

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Offeror and Contracting Officer have completed all appropriate fill-in-the-blank sections, many of which are denoted by “[ ]”

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FAR part 12 addresses commercial item acquisitions. FAR part 2 defines a commercial item. If you are uncertain whether these services in the host country fall within the commercial item definition, please contact your A/OPE Desk Officer, who will assist you in making that decision. Link to the FAR at: http://acquisition.gov/far/index.html

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You have coordinated the tasks with the Requirements Office to ensure all tasks are necessary.

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REQUIRED – Before sending to A/OPE for review, all modified clauses are highlighted unless the instructions for that clause in the model expressly state that post should modify the clause to reflect post specifics.

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REQUIRED - Rationale for this modification has been included in the memo requesting review from A/OPE.

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Highlights have been removed before issuing solicitation

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Cover Page of Solicitation

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For commercial item contracts/purchase orders exceeding $250,000, use the SF-1449 as the cover page.

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For commercial item contracts/purchase orders of $250,000 or less, use either the SF-1449 (which can be used for the RFQ and award) or the SF-18 (for the RFQ) and OF-347 (for the award). If the SF-18 is used:

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Include FAR clause 52.212-4 and provision 52.212-1, either by reference or in full text (this clause and provision are included on the SF-1449 by reference in block 27, but not on the SF-18); and

Correct all references to the SF-1449. Consequently, it would be simpler to use the SF-1449 in all cases when buying services as a commercial item.

For commercial item contracts/purchase orders of up to $7 million, use a Request for Quotations (RFQ) number, rather than a Request for Proposals (RFP) number.

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Bio-preferred products - If US firms or products are being solicited then include 52.223-1 and 52.223-2 in the solicitation/contract. Place in Section 2.

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Appropriate information has been entered into all blank fields

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Your A/OPE Desk Officer has approved this document when and where approval is appropriate

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Tailoring of FAR clauses - Some tailoring of FAR clauses is permissible, but this should rarely occur. In the model, the addendum for both FAR clause 52.212-4 and FAR provision 52.212-1 shows no tailoring. If you need to tailor this clause, please contact your A/OPE Desk Officer for guidance.

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The entire contract model, including all completed tick lists and instructions, has been saved somewhere for your records so you’ll have a history of what you’ve done.

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“Model Updates” at the beginning of this document were deleted before final printing.

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ALL “Tick List and Guidance” comments have been deleted before final printing.

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“[Notes to Contracting Officer]” which are embedded in the model have been deleted before final printing

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Contracting Officer has read the document before it has been submitted to A/OPE for review.

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Contracting Officer has made sure all A/OPE comments are incorporated before issuance.

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Contracting Officer has actually read the final document before distribution.

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The document makes sense to both you and your A/OPE Desk Officer

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The Proposal due date is listed per instructions in FAR part 5. Also, the Contracting Officer has ensured this due date does not fall on an Embassy holiday or weekend. Link to the FAR at: http://acquisition.gov/far/index.html

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PIB 2007-14 has been reviewed to ensure public notification/advertising requirements have been satisfied where appropriate. When in doubt, contact your A/OPE Desk Officer. Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50

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The proposed COR has been notified of all required training as set forth in DOSAR subpart 642 to ensure these requirements have been satisfied prior to or at the time of award. Link to DOSAR at: http://aope.a.state.gov/dosar/fullscreen.asp

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Contracting Officer has negotiated for the lowest priced technically acceptable offer.

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Defense Base Act Insurance clauses reviewed and modified

DOL waiver When the Contracting Officer has found that the country is listed on cite 52.228-4, Workers’ Compensation and War – Hazard Insurance (applicable to host country contractor employees only) place in Section 2

When the Contracting Officer has not found the country on DOL waiver list, or if US citizens, US residents, or hired in US) then add 52.228-3, Workers’ Compensation Insurance (Defense Base Act) and place in Section 2

Offerors shall be given additional time to incorporate the DBA contractor rates into their proposed prices.”

Section 3 Completed. Pre-Proposal Conference/Site Visit - If there will be a pre-proposal conference or site visit, provide information in a cover letter to the solicitation. You may use the pre-proposal conference/site visit language from any of the other A/OPE model solicitations and add to Section 3. Link to contract models on A/OPE intranet site at: http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47

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SECTION 5 COMPLETED - American Business Sources

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For Section 5 inserts which follow, you have deleted all instructions such as “[Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]”

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All tick marks such as this one “[ ]” have been appropriately ticked

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If you know or expect that American businesses may submit a proposal, you must include the following solicitation provision, in addition to the other certifications contained in this solicitation. This certification is used to determine whether the firm is considered small by the Small Business Administration (SBA).

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If you receive an offer from a small business, and you determine that firm to be non-responsible, then you must refer the matter to A/OPE and A/SDBU for referral to SBA; any determination of non-responsibility of an American small business must be referred to SBA prior to award of the contract. SBA will then determine whether to issue a Certificate of Competency (SBA) attesting to the firm's ability to perform the contract. For more information, see FAR 19.000(b) and 19.6. Link to the FAR at: http://acquisition.gov/far/index.html

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If the above conditions are met, include the following at the end of Section 5 and number as the next sequential number in the Section 5 series.

52.219-1 Small Business Program Representations (OCT 2014)

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is– 541990.

(2) The small business size standard is $15,000,000 million dollars.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

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If U.S. firms are being solicited/awarded a contract the following FAR clause must be provided in full text:

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required notice, printed by the Department of Labor, can be –

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; or

(2) Provided by the Federal contracting agency, if requested;

(3) Downloaded from the Department of Labor, Office of Labor-Management Standards (OLMS) web site at:

http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of the provisions of paragraphs (a) through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor and subcontractor are not permitted to procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this subpart.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

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Inherently Governmental Function (IGF): Reminder for Requiring Offices - All requirements for new services must undergo a pre-award assessment by the Requiring Office to ensure the statement of work does not include any inherently governmental functions. The Form DS-4208, Request for Services Contract Approval, found in PIB 2012-11, Attachment 1, is available on e-Forms and will be used to meet this requirement. Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50

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Third Country Nationals (TCN): The clause, Recruitment of Third Country Nationals for Performance on Department of State Contracts, shall be included in any solicitation and contract (including commercial items) valued over $250,000 requiring non-professional labor where contract performance will require recruitment of third country national labor specifically for contract performance. Contractors shall submit Recruitment and Housing Plans as appropriate and shall be evaluated and contracts shall only be awarded to contractors submitting acceptable plans (PIB 2012-10). Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50 RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (October 17, 2012)

1. On contracts exceeding $250,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

b. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The Contractor or employer pays the recruitment fees for the worker if recruited by the Contractor or subcontractor to work specifically on Department of State jobs.

e. State in the offer that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts must be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/j/tip/ or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at OIGHotline@state.gov.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. The Contractor agrees to include this clause in all subcontracts over $250,000 involving recruitment of third country national for subcontractor performance.

COVER PAGE INSTRUCITONS

[Note to Contracting Officer: Use either the SF-1449 or SF-18 as the cover page.

· See the Overseas Cookbook, Chapter 8 for instructions on how to complete the SF-1449. This example is actually an SF-1449 completed for contract award. When completing an SF-1449 for purposes of a solicitation cover page, fill in the following blanks, following the Overseas Cookbook sample. All other blanks are left uncompleted at this time:

· Block 5

· Block 6

· Block 7a and b

· Block 8

· Block 9

· Block 10

· Block 11, if applicable

· Block 14

· Block 15

· Block 20 (fill in brief description of what is being purchased followed by “See Attached”

· Block 27a and 27b See Chapter 2 of the Overseas Cookbook for instructions on how to complete the SF-18.]

February 21, 2019 U.S. Embassy Juba, South Sudan Dear Prospective Quoter:

SUBJECT: Request for Quotations Number 19SS3019P0030 Real Estate Consulting Services The Embassy of the United States of America invites you to submit a quotation for real estate brokerage services at Embassy Juba, South Sudan.

Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed" to the Contracting Officer on or before 4:30 p.m. on March 25, 2019.

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

1. Item #1, Pricing

2. Listing and samples of Contractor Furnished Property, Item #4;

3. Information requested in Section 3, Solicitation Provisions;

4. Section 5, Offeror Representations and Certifications

Direct any questions regarding this request for quotations to Danielle Wood by letter or by telephone (202) 216-6279 ext 276 (US) or +211 91 216 0321 (South Sudan) during regular business hours.

Sincerely, Danielle Wood

Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number [Note to Contracting Officer: Insert Number], Prices, Block 23

· Continuation To SF-1449, RFQ Number [Note to Contracting Officer: Insert Number] , 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 - 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 S- 19SS3019P0030

PRICES, BLOCK 20 & BLOCK 23

Continuation/Addendum to SF-1449, RFQ Number 19SS3019P0030

GENERAL.

The Contractor shall provide real estate services in accordance with requirements of this contract and the Exhibits attached to this contract.

1. General

The United States Government, through its Department of State, Bureau of Overseas Buildings Operations (hereinafter the “USG”), has a need for services of a company, organization, or individual to identify suitable sites of land on which to build a new U.S. Embassy and Housing Compound (NEC) in Juba, South Sudan.

2. Basic Objective - Site Search The objective of this work is to identify sites that conform with USG criteria for an NEC in Juba, as stated in this Scope of Work (“SOW”). The USG, however, itself will evaluate all potential sites and exclusively by itself decide which properties to select for potential acquisition.

3. Description of Services

The Contractor shall provide the following services.

a. Site Search: Search the Juba municipal area and identify potential sites in private and government ownership,

b. Assemblage Search: Search the Juba municipal area and identify properties that potentially can be assembled to create a suitable site,

c. Research of Identified Sites: Investigate the ownership status and availability of an additional three sites as directed by the U.S. Embassy, and

d. Research of Identified Assemblages: Investigate two or more potential areas of assemblages as directed by the U.S. Embassy.

e. Field Support: After submitting the final SSReport, provide a representative in Juba for two (2) business days to show potential sites, consult with USG personnel, and arrange and participate in meetings with site owners and government officials. The Contractor’s representative must speak English, personally possesses complete command of all proposed and previously identified property information, and have a thorough knowledge of the city.

4. General Criteria for Suitable Sites

· At least 60,000 square meters (15 acres) in size

· Located as close to the central business area as possible

· Located within the site search area referenced in Exhibit A.

· Having a rectangular shape with a most narrow width of not less than 80 meters

· Having two separate means of ingress/egress, i.e. ideally with paved, two-lane, bi-directional roads along separate sides of the site.

· In an urban/central location proximate to amenities, services, hotels, other foreign missions, and host government/municipal facilities.

· Having in close proximity no large outdoor venues that attract public gatherings, such as stadiums, arenas, etc.

· Available for purchase or long-term lease (minimum term of 99 plus 99 years) Note: Preferred sites are those that the USG can acquire without extensive delay for reasons such as demolition, environmental conditions, zoning, road access, title issues, or other factors. Yet, the USG will still consider sites with acquisition challenges if warranted by their central location, urban context, and/or good representational image.

5. Contractor Qualifications and Resources

The Contractor must have staff on the ground in Juba to initiate the search work within five (5) calendar days after issuance of the task order. The Contractor’s representative shall be actively involved in managing and/or performing the search effort, reviewing sites to maximize the number of viable sites presented that meet the USG’s criteria, minimizing inclusion of sites that do not, and assuring quality control of deliverables throughout the process.

The Contractor must perform the required services using his/her/or its own resources, offices, affiliates, and subcontractors, without reliance on the USG or the U.S. Embassy in Juba.

The Contractor should have the skills and experience referenced below, which should be described in his/her/or its proposal:

a. Excellent English reading and speaking skills

b. Intimate knowledge of the Juba urban area

c. Understanding of Juba real estate

d. Experience working with outside companies or foreign missions

e. Knowledge of governmental offices, regulations, and laws affecting real estate in Juba

6. Deliverable - Site Search Report

The thorough collection and reporting of property data is the most important part of this SOW. The Contractor should deliver an exhaustive, accurate, and complete Site Search Report (“SSReport”).

The SSReport must contain the following information:

· Map: City map locating all properties identified in the report, current U.S. Mission facilities, and key national government buildings.

· Spreadsheet: An excel spreadsheet summarizing the properties identified including:

a. Name of owner(s)

b. Size of parcel(s)

c. Address/location

d. Current use and occupancy

e. Sale price – total asking price and price per square meter

f. Current zoning status

g. Land interest held by current owner and land interest available to the USG

h. Significant physical features on the site, if any.

i. GPS coordinates

j. Survey/site/plot plan showing north arrow, property size and boundary dimensions

· Contacts: Provide list of all local contacts made including names of individuals and companies/organizations, telephone number(s), and email address(es).

Note: The final SSReport must have all the information listed above. The USG considers ownership information, asking prices, site size and dimensions, and site plans to be essential data, and will deem final reports missing this information to be incomplete.

7. Schedule for Deliverables

a. Status Report: 15 days after issuance of the delivery order, submit one written status report to the COR, the GTM, and the U.S. Embassy Management Officer via email. If an urgent situation arises, the Contractor should contact the COR immediately to seek appropriate guidance.

b. Final Report: 30 days after the issuance of the delivery order, submit the final SSReport. It shall be submitted in English by email to the COR, the GTM, and the U.S. Embassy Management Officer. All information shall be in a consistent format (e.g. photos in JPEG (.jpg), text in Word (.docx), spreadsheets in Excel (.xlsx), maps in Google Earth (.kmz) format).

8. Period of Contract

The contract arising from this SOW shall be effective on the date of the issuance of the Task Order and shall remain in effect for one (1) full calendar year, unless otherwise modified by the Contracting Officer.

9. Proposals

Proposals must include:

a. A description of the Contractor qualifications outlined in Paragraph 5 above,

b. Total cost to produce the deliverable.

10. Miscellaneous Provisions

10.1 USG Points of Contact: A Contracting Officer (CO) is a person who has the authority to bind the USG to a contract. After the award of a contract under this SOW, the CO shall appoint a Contracting Officer’s Representative (COR) and the COR shall be identified in the Delivery Order. The COR will be the Contractor’s USG point of contact in the United States. The Contactor will accept instructions on performance of the contract only from the COR, as long as they comply with the SOW and do not exceed the requirements of the SOW. Questions relating to performance of the contract shall be directed first to the COR in the most efficient means possible. Requests or instructions given to the Contractor by USG personnel other than the COR are not binding on the USG.

10.2 Meeting with local point of contact: After contract award, the COR will identify the Embassy’s point of contact. The Contractor must contact the U.S. Embassy and meet briefly with the point of contact to discuss potential properties that the Embassy has identified. To the extent any site identified by the Embassy meets the USG’s requirements, it should be included it in the Site Search Report.

10.3 Confidentiality: The Contractor is expected to perform these services discreetly. Unless instructed to do so by the COR, at no time during performance of the services shall the Contractor disclose the fact that property being considered is a possible location for the U.S. Embassy. If necessary, the Contractor may describe the client as a major, U.S.-based, multi-national organization looking to set up new facilities in Juba. If owners refuse to cooperate without knowing the identity of the prospective buyer, the Contractor shall advise the COR and take instructions on how to proceed. Maintaining confidentiality is useful but shall not, in the end, defeat the goal of finding the best sites available.

10.4 Avoiding Conflicts of Interest: The USG will fully compensate the Contractor for services per the terms of this contract. At no time during performance of the services shall the Contractor represent that he, she, or it is acting as an agent or broker for the USG while performing this research and reporting service. The Contractor shall identify all suitable properties, whether or not the Contractor has its own listing of properties in Juba. Any compensation (other than the compensation under this contract) requested by the Contractor or its subsidiary, affiliate, or local subcontractor arising out of the purchase or lease of real property as a result of this contract shall be the sole responsibility of the property’s seller or lessor. The Contractor shall disclose in its final report to the USG whether it or its subsidiary, affiliate, or local subcontractor stands to receive compensation from any party other than the USG for performing services under the contract or in connection with a potential acquisition, such as commissions, consultation fees, finder’s fees, or similar fees relating to properties presented to the USG.

10.5 Invoices: The Contractor shall invoice the USG for services requested under this contract after the USG accepts the final report. A supplemental invoice may be submitted upon completion of any field support services that occur after the final site search report is delivered.

10.6 Report Recipients

U.S. Embassy Management Officer:

Danielle Wood

Management Officer

U.S. Embassy Juba

Kololo Road Juba, South Sudan +1 (202) 216-6279; +211-912-105-107; +211-977-459-820 wooddk@state.gov Contracting Officer’s Representative (COR):

None

Government Technical Monitor (GTM):

Robert W. Doubek

Department of State

Bureau of Overseas Buildings Operations

1200 Wilson Blvd, Rm. 11-15

Arlington, VA 22209

Office: +1 (703) 875-4647 Cell: +1 (202) 365-9156 doubekrw@state.gov

SECTION 2 - CONTRACT CLAUSES

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

(1) Check if requirement exceeds $250,000.

(2) Check if requirement exceeds $5.5 million and the performance period is 120 days or more.

(3&3a) Not Applicable overseas, for use with Recovery Act Funds.

(4) Check if requirement exceeds $ 30,000.

(5)N/A

(6-7) Only applicable to US firms

(8) Check if requirement exceeds $35,000.

(9) Check if requirement exceeds $550,000.

(10) Reserved

(11- 24) are not applicable.

(25) Not applicable unless purchased from the Federal Prison Industries and over the micro-purchase threshold.

(26) Applicable to all acquisitions over micro-purchase threshold.

(27-28) Check if requirement is for supplies exceeds $10,000 and is awarded to a U.S. firm, or is for services exceeds $10,000 and is awarded to a U.S. firm whose employees performing the work were recruited within the U.S.

(29-30) Do not check if both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island. Otherwise, contact your A/OPE Desk Officer for instructions.

(31) Check if you have included clause 52.222-35.

(32) Do not check since you are contracting only for work that will be performed outside of the United States. If some of your work will be performed inside the U.S., contact your A/OPE Desk Officer.

(33) Check for all acquisitions

(34) Check if some of the work will be performed inside the U.S., the requirement exceeds $250,000, and the period of performance exceeds 120 days.

(35) Not applicable to commercially available off the shelf items. Check only when requirement exceeds $250,000 and is for, or specifies the use of, EPA-designated items containing recovered materials.

(36)-(37) Not required overseas

(38) Check for all imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) when they will be-delivered; acquired by the contractor for use in performing services at a Federally controlled facility; or furnished by the contractor for use by the Government.

(39)Check for all television solicitations and contract when they will be-delivered; acquired by the contractor for use in performing services at a federally controlled facility; or furnished by the contractor for use by the Government.

(40)Check for all energy-consuming products listed in the ENERGY STAR® Program or FEMP will be- delivered; acquired by the contractor for use in performing services at a Federally controlled facility; furnished by the contractor for use by the Government; or

Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

(41) Check for all personal computer products when they will be-delivered; acquired by the contractor for use in performing services at a federally controlled facility; or furnished by the contractor for use by the Government.

(42) Check this clause.

(43-44) are not applicable overseas.

(45) Check if requirement is for packing/shipping services, Travel Management Center services or actuarial services. Do not check for any other requirements.

(46-47) Not applicable.

(48) Check if the requirement exceeds $180,000 and if the acquisition is covered by the WTO GPA (see FAR Subpart 25.4 for country specifics)

(49) Check this clause

(50) Not applicable.

(51-52) only applicable if the contracting officer set aside solicitations to allow only local firms (in a disaster zone) within a specific geographic area to compete. Check if applicable.

(53) Check this clause

(54) Check this clause if the offeror has requested installation/progress payments and only after obtaining guidance from your A/OPE Desk Officer.

(55) Check if payment will be made by EFT and the Contractor has registered in the SAM.

(56) Check if payment will be made by EFT or other means, e.g. check, and the Contractor has not registered in the SAM.

(57)Check if payment will be made by the Governmentwide commercial purchase card.

(58-59) are not applicable.

(60) Check if the order is for supplies that may involve ocean transportation: at least 50% of the gross tonnage must be transported on privately owned U.S-flag commercial vessels to the extent that such vessels are available at rates that are fair and reasonable for U.S-flag commercial vessels. Check Alternate I if 100% of the supplies will be transported on privately owned U.S-flag commercial vessels.

Paragraph (c) is not applicable.

Paragraph (e) applies only if award is made to a U.S. firm:

(xix) Alternate I check if local law identifies “off-limits establishments” 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (OCT 2018) and (deviation 2017-02) (June 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

__ (21) 52.219-27, Notice of Service-Disabled…