Solicitation_May_29_2019_RFQ_Mobile_Telephone_Services_U.S._Embassy_Bern.pdf

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Mobile Telephone Services for U. S. Embassy Bern, Switzerland
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19SZ2319Q0006
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United States Embassy Bern, Switzerland Date: May 1, 2019

Dear Prospective Quoter:

Subject: Request for Quotations number 19SZ2319Q0006

Enclosed is a Request for Quotations (RFQ) for mobile telephone services. If you would like to submit a quotation, follow the instructions in Section 4 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter. Please submit your quotation in a sealed envelope marked "Quotation Enclosed" if you intend to send your quotation by regular mail.

The deadline for receipt of quotations is 5:00 PM local time, on May 31, 2019.

No quotations will be accepted after this time.

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

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

Section 1, The Schedule Section 5, Representations and Certifications Additional Information as required in Section 4.

We highly recommend you to attend the Pre-Proposal Conference at 10:00 AM local time on May 24, 2019 at the U.S. Embassy in Bern, Switzerland.

We will be briefing you and answering your questions on the mobile phone telephone services solicitation and contract. Please ensure that you bring a copy of the solicitation and a valid identity document (ID, passport or driver’s license) with you to the conference. Please send us the full name of the individuals (limited to three persons per company, including subcontractors) who will attend the meeting no later than Wednesday, May 22, 2019 to the following e-mail address: BernGSOContracting@state.gov. Parking spots are limited. Attendees to the Pre-Proposal conference shall plan to arrive early as parking may be a bit distant from the Embassy site.

Direct any questions regarding this solicitation in writing to BernGSOContracting@state.gov. Questions must be written in English.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Since this requirement is over $30,000, the U.S. Government requires the successful offeror to have a real DUNS number (www.dnb.com) and to be registered in the SAM database (System for Award Management;

www.sam.gov) prior to the award. We highly recommend you begin this registration process early as it may take several weeks to complete.

Sincerely, Leslie Abitz Contracting Officer

Enclosure

Standard Form 1449 Solicitation 19SZ2319Q0006

BY ELECTRONIC MEANS:

BERNGSOCONTRACTING@STATE.GOV

BY ELECTRONIC MEANS:

BERNGSOCONTRACTING@STATE.GOV

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR8169319

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

19SZ2319Q0006

6. SOLICITATION ISSUE DATE

May 1, 2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KEVIN MUSA, GSO/PROCUREMENT

b. TELEPHONE NUMBER (No collect calls)

+41 31 357 74 19

8. OFFER DUE DATE / LOCAL TIME

May 31, 2019 / 5:00 PM

9. ISSUED BY CODE SZ230 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

U.S.EMBASSY BERN

SULGENECKSTRASSE 19

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

ATTN: GSO/P

BERN 3007

SWITZERLAND

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

ION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SZ230 16. ADMINISTERED BY CODE SZ230

U.S. EMBASSY BERN

SULGENECKSTRASSE 19

ATTN: GSO/P

BERN 3007

SWITZERLAND

U.S. EMBASSY BERN

SULGENECKSTRASSE 19

ATTN: GSO/P

BERN 3007

SWITZERLAND

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

U.S EMBASSY BERN BY ELECTRONIC MEANS:

SULGENECKSTRASSE 19 BERNDBO@STATE.GOV

ATTN: FMO/DBO

BERN 3007

SWITZERLAND

CODE SZ230

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

IDIQ CONTRACT AWARD FOR MOBILE

TELEPHONE SERVICES

NTE

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

FUNDING CITATIONS WILL BE PROVIDED ON INDIVIDUAL DELIVERY/TASK ORDERS.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ARE ARE NOT ATTACHED27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b.CONTRACT/

ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

LESLIE ABITZ

31c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012) BACK

19. ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

IDIQ CONTRACT AWARD FOR MOBILE

TELEPHONE SERVICES

FOR DETAILS, SEE FOLLOWING

SOLICITATION

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

TABLE OF CONTENTS

Section 1 – The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number 19SZ2319Q0006, Prices, Block 23

Continuation To SF-1449, RFQ Number 19SZ2319Q0006, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Performance Work Statement, 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

Section 5 – Representations and Certifications

Representations and Certifications

Addendum to Offeror Representations and Certifications – FAR and DOSAR Provisions not Prescribed in Part 12

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 4 of 59

SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19SZ2319Q0006

PRICES, BLOCK 23

MONTHLY SUBSCRIPTION PLAN

1. DEFINITIONS

“COR" means the Contracting Officer's Representative of the U.S. Embassy in Bern, Switzerland.

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

“Government" or “USG” means the Government of the United States of America unless specifically stated otherwise.

“Services” means the services performed, workmanship, and equipment furnished or utilized in the performance of the services.

2. SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of

America in Bern, Switzerland. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the

Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

Temporary Additional Services are defined as SIM cards with monthly fixed rates.

These services shall support special events at the Post. The Contractor shall provide Temporary

Additional Services in addition to the scheduled services specified in this contract. The

Contracting Officer shall order Temporary Additional Services on an as needed basis. This work shall not be subcontracted. The Contracting Officer may require the Contractor to provide

Temporary Additional Services with 24 hour advance notice.

The Contractor shall include in its next regular invoice details of the Temporary Additional

Services and, if applicable, the materials provided and requested under these services. The

Contractor shall also include a copy of the Contracting Officer’s written confirmation for the

Temporary Additional Services.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 5 of 59

3. PERIOD OF PERFORMANCE

a) The contract will be for a one-year period from the date of the contract award (base year), with two (2) year options to renew.

b) After contract award and submission of acceptable certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

c) The Government may extend this contract in accordance with the Option Clause “FAR

52.217-9, Option to Extend the Term of the Contract”, which also specifies the total duration of this contract.

d) The Government may exercise the option in accordance with the clause "FAR 52.217-8, Option to Extend Services".

4. PRICING

a) The prices shall be stated in Swiss Francs (CHF) exclusive of VAT and the Contractor shall provide mobile telephone services at the rates shown below.

b) The Contractor shall be paid at firm-fixed rates for satisfactory performance of all services under this contract. The Contractor’s firm-fixed rates shall include taxes, insurance premiums, materials and equipment, transition and/or start-up costs (if any), direct and indirect costs, administrative overhead, administrative costs, managerial costs, profit and all other costs that are necessary to accomplish all work required by this contract.

Include any cost of Workers’ Compensation and War-Hazard Insurance in the prices. This insurance shall not be a direct reimbursement.

c) The Contractor warrants that the rates herein include all allowances and reasonable costs that are allocable to the service to be performed and materials to be provided.

All prices are to be listed in Swiss Francs (CHF) exclusive of VAT.

d) The Government will make payment in local currency; Swiss Francs (CHF).

Payment will be paid by the U.S. Embassy in Bern, Switzerland or by the individual user.

4.1 VALUE ADDED TAX (VAT)

The Government will not reimburse the Contractor for VAT under this contract.

The Contractor shall not include VAT in its pricing and shall also not include a line for VAT on invoices as the U.S. Embassy has a tax exemption certificate with the host government.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 6 of 59

Estimated

Yearly Qty Unit

Unit

Price

Total

Yearly Price qty of phones x 12 months monthly fixed rate per phone billed monthly qty of phones x 12 months monthly fixed rate per phone billed monthly

Estimated

Yearly Qty Unit Unit Price

Total

Monthly Price qty of

SIM Cards x 1 month monthly fixed rate per SIM card billed monthly

Attach price per country/region

Base Year Grand Total for All Services excl. VAT

4.A.3. Base Year Grand Total for Standard Services

4.B.2. Base Year Grand Total for Temporary Additional Services

4.B. Temporary Additional Services - Base Year of Service

Description

1. SIM Card with

Fixed Rate - Billed Monthly

Subscription Plan, including:

All Services Unlimited

Within Switzerland

2. Base Year Grand Total for Temporary Additional Services = Line Item 1

Monthly Subscription Plan

3. Base Year Grand Total for Standard Services = Line Items 1+2

4.A. Standard Services - Base Year of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)

Description

1. Subscription Plan

Fixed Rate - Billed Monthly

Including:

All Services Unlimited

Within Switzerland

Within EU/Western Europe, USA

- Unlimited incoming calls

- Unlimited outgoing calls

- Unlimited SMS/MMS

- 4 GB mobile data

2. Subscription Plan

Fixed Rate - Billed Monthly

Including:

Within Switzerland

- Unlimited calls

- Unlimited SMS/MMS

International Roaming for all other countries

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 7 of 59

Yearly Qty Unit

Unit

Price

Total

Yearly Price qty of phones x 12 months monthly fixed rate per phone billed monthly qty of phones x 12 months monthly fixed rate per phone billed monthly

Estimated

Yearly Qty Unit Unit Price

Total

Monthly Price qty of

SIM Cards x 1 month monthly fixed rate per SIM card billed monthly

Attach price per country/region

4.D. Temporary Additional Services - First Option Year of Service

Description

1. SIM Card with

Fixed Rate - Billed Monthly

Subscription Plan, including:

All Services Unlimited

Within Switzerland

2. First Option Year Grand Total for Temporary Additional Services = Line Item 1

Monthly Subscription Plan

3. First Option Year

Grand Total for

Standard Services = Line Items 1+2

4.C. Standard Services - First Option Year of Service - Estimated Quantities

Description

1. Subscription Plan

Fixed Rate - Billed Monthly

Including:

All Services Unlimited

Within Switzerland

Within EU/Western Europe, USA

- Unlimited incoming calls

- Unlimited outgoing calls

- Unlimited SMS/MMS

- 4 GB mobile data

2. Subscription Plan

Fixed Rate - Billed Monthly

Including:

Within Switzerland

- Unlimited calls

- Unlimited SMS/MMS

International Roaming for all countries

First Option Year Grand Total for All Services excl. VAT

4.C.3. First Option Year Grand Total for Standard Services

4.D.2. First Option Year Grand Total for Temporary Additional Services

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 8 of 59

Yearly Qty Unit

Unit

Price

Total

Yearly Price qty of phones x 12 months monthly fixed rate per phone billed monthly qty of phones x 12 months monthly fixed rate per phone billed monthly

Estimated

Yearly Qty Unit Unit Price

Total

Monthly Price qty of

SIM Cards x 1 month monthly fixed rate per SIM card billed monthly

Attach price per country/region

Second Option Year Grand Total for All Services excl. VAT

4.E.3. Second Option Year Grand Total for Standard Services

4.F.2. Second Option Year Grand Total for Temporary Additional Services

4.F. Temporary Additional Services - Second Option Year of Service

Description

1. SIM Card with

Fixed Rate - Billed Monthly

Subscription Plan, including:

All Services Unlimited

Within Switzerland

2. Second Option Year Grand Total for Temporary Additional Services = Line Item 1

Monthly Subscription Plan

3. Second Option Year

Grand Total for Standard

Services = Line Items 1+2

4.E. Standard Services - Second Option Year of Service - Estimated Quantities

Description

1. Subscription Plan

Fixed Rate - Billed Monthly

Including:

All Services Unlimited

Within Switzerland

Within EU/Western Europe, USA

- Unlimited incoming calls

- Unlimited outgoing calls

- Unlimited SMS/MMS

- 4 GB mobile data

2. Subscription Plan

Fixed Rate - Billed Monthly

Including:

Within Switzerland

- Unlimited calls

- Unlimited SMS/MMS

International Roaming for all other countries

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 9 of 59

4.2 OVERALL TOTAL COST –

ONE BASE- AND TWO OPTION YEAR CONTRACT PERIODS

OVERALL TOTAL EXCL. VAT

BASE YEAR

CHF

FIRST OPTION YEAR

SECOND OPTION YEAR

ONE BASE AND TWO OPTION YEARS

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 10 of 59

5. CONTRACT MINIMUM AND MAXIMUM AMOUNTS

5.1 CONTRACT MINIMUM

During the contract period of One [1] Base- and Two [2] Option Year Periods, the Government shall place orders for a minimum of CHF 1.00.

This is the contract minimum for this period of performance.

5.2 CONTRACT MAXIMUM

During the contract period of One [1] Base- and Two [2] Option Year Periods, the amount of all orders shall not exceed CHF 200,000.00.

This is the contract maximum for this period of performance.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 11 of 59

CONTINUATION TO SF-1449

RFQ NUMBER 19SZ2319Q0006

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. TYPE OF CONTRACT

a) This is an indefinite-delivery, indefinite-quantity, type contract with firm-fixed rates. The contract will be for a one-year period from the date of the contract award (base year), with four (4) one-year options.

b) Orders will be placed by firm, fixed-price task orders. Such orders may be issued from date of award through base period or option periods if exercised. Delivery orders may be sent by mail, courier or electronic means such as e-mail. E-mail is the normal method.

c) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

d) Except as specified in the Delivery-Order Limitations clause or in section 4, there is no limit on the number of orders that may be issued.

e) It is anticipated that each task order will be fully funded by delivery orders. The mobile telephone services shall be invoiced and reimbursed on a task order basis up to but not exceeding the funded level. The funded level can only be increased through modification to the delivery order by the Contracting Officer. However, if the estimated quantities are not fully utilized during the specific contract term, the Contracting Officer shall have the unilateral right to de-obligate excess funds.

f) No additional sums will be payable on account of any escalation in the cost of materials, equipment of labor, because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Changes in the unit prices or time to complete will be made only due to changes made by the

Government in the work to be performed, or by delays caused by the Government.

Payments based on quantities and unit prices will be made only to the extent specifically provided in the contract. The estimated quantities listed in the Scope of Work are estimates only and the Government does not guarantee that such quantities will be ordered.

2. PERFORMANCE WORK STATEMENT

This solicitation is for mobile telephone services. The U.S. Embassy is using 95 lines for official purposes. The Contractor shall provide complete mobile telephones services for the

U.S. Embassy of Bern, Switzerland. Services and contractor provisions/requirements shall include:

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 12 of 59

Included in 1. Subscription Plan per connection

Included in 2. Subscription Plan per connection

Included in

Temporary Additional Services per SIM card

The maximum network coverage in all parts of Switzerland.

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

connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

Unlimited calls within Switzerland

Unlimited calls from Switzerland to

EU/Western Europe and USA

Unlimited calls (incoming and outgoing) within EU/Western

Europe and USA

Unlimited SMS/MMS within

Switzerland

Unlimited SMS/MMS from

Switzerland to EU/Western Europe and USA

EU/Western Europe and USA

Unlimited mobile data within

Switzerland at a minimum speed of

100 Mbit/s (download) and 10 Mbit/s (upload)

Unlimited mobile data within

Switzerland at a minimum speed of

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 13 of 59

4 GB mobile data within

EU/Western Europe and USA at a minimum speed of

Voice mail

24-hour (online) customer support service

Detailed billing of services used

Detailed billing of services used Detailed billing of services used

SIM cards + SIM card replacements, SIM card activation and deactivation

SIM cards + SIM card and deactivation

SIM cards + SIM card and deactivation

Escalation points and issues should be solved in no more than three (3) business days

Escalation points and issues should business days

Escalation points and issues should business days

Available at Additional Fee

1. Subscription Plan

2. Subscription Plan

Temporary Additional Services per SIM card

Ability at the Embassy’s request to turn on/off roaming and long distance services that are not covered by the contract

Ability at the Embassy’s request to turn on/off roaming and long distance services that are not covered by the contract

Ability at the Embassy’s request to turn on/off roaming and long distance services that are not covered by the contract

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 14 of 59

2.1 MIGRATION

A listing of existing cell phone numbers for Embassy-owned mobile phones, smartphones and other mobile devices will be provided to the Contractor at time of contract award.

Within ten (10) working days after contract award, the Contractor shall provide a schedule for the migration numbers, retaining the same mobile phone numbers, from the current service provider, at no additional cost to the U.S. Government. All Government owned telephone numbers will be available for migration to the new contract upon expiration of obligated service commitment from current provider.

The schedule and migration of telephone numbers will be completed at no cost to the U.S.

Government. The COR is responsible for coordinating the migration schedule and providing all information required to the Contractor at time of contract award. The Government will provide the following details for all existing equipment and services:

Current service provider

All active and suspended mobile phone numbers with the current mobile phone provider

Mobile telephone migration priority

2.2 CALLS WITHIN SWITZERLAND

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around

Switzerland with special consideration to all urban areas and main traffic routes.

2.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all

European countries, and all other worldwide countries that telephone services are available.

2.4 INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible.

2.5 SMS MESSAGING

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

2.6 VOICE MAIL

The Contractor shall provide Voice Mail services in English and German Language. A Voice

Mail Box shall be prepared for each number separately as per standard practice.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 15 of 59

2.7 CUSTOMER SERVICE

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

2.8 DETAILED BILLING

The Contractor shall provide a monthly breakdown of services used by individual numbers. The breakdown shall clearly show:

Called number

Time and date of the call

Duration of the call

(Roaming) package information and all applicable rates

Time and date of SMS sent

Amount of mobile data used, incl. roaming

Prices in Swiss Francs (CHF) per unit

Total amount in Swiss Francs (CHF)

The Contractor shall provide to the Contracting Officer’s Representative (COR) the monthly breakdown by e-mail in a compatible electronic format or by regular mail with summary totals by section per codes associated by the U.S. Government with each mobile phone number until the end of each current month for the previous billing cycle.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 16 of 59

3. INVOICING

Invoices shall be submitted referencing the Government’s official Purchase Order Number (PO) in an original by regular mail or by electronic means at the following address:

Postal address By electronic means

U.S. Embassy Bern BernDBO@state.gov

FMO/DBO

Postfach 5266

3001 Bern

To avoid possible delay in payment, please ensure the invoice:

1. is correctly addressed;

2. provides complete bank details. This includes IBAN, bank address, clearing and

SWIFT-BIC.

3. is exclusive of VAT. The official Swiss tax exempt certificate Amtlicher Gebrauch

– AA Informatik / Telekommunikation / Gas / Wasser / Elekrizität with a validity of five (5) years will be sent to the Contractor.

No advance payments will be made for any services in this contract.

A proper invoice must include the following information:

• All details stated under 2.8 DETAILED BILLING

• Invoice date

• USG Contract number (PO number)

• Prompt payment discount, if any

• Name, title, phone number, and e-mail address of person to contact in case of defective invoice

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

The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 17 of 59

That agency representative will review the detailed invoice and either approve for payment or advise the COR of any inaccuracies found. It shall be the COR who will interact with the

Contractor on any invoice problems.

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

4. KEY PERSONNEL

4.1 PROJECT MANAGER – PROVIDED BY THE CONTRACTOR

a) The Project Manager must be able to converse in English and German. The

Contractor shall assign to this contract the following key person:

[To be completed at time of contract award]

Project Manager:

Telephone Number:

E-mail:

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

c) After the first 90 days of performance, the Contractor may substitute a key person if the

Contractor determines that it is necessary. The Contractor shall notify the Contracting

Officer of the proposed action immediately. Prior to making the substitution, the

Contractor will provide the information required below to the Contracting Officer.

d) The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The

Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The

Government will modify the contract to reflect any changes in key personnel.

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 18 of 59

4.2 AUTHORIZED SERVICE REQUESTERS – PROVIDED BY THE USG

The Embassy will provide a list with the names and phone numbers of all authorized service requester(s). Service requesters are only authorized to order service within the boundaries established in the task orders resp. in the contract.

5. PERMITS

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

6. GOVERNMENT FURNISHED PROPERTY

The Government furnishes Government Owned Equipment including:

Mobile devices

Cellular phones

Wi-Fi Hotspots

The Contractor shall provide fully functional SIM cards, telephone numbers, and appropriate security codes such as PIN/PUK for all existing Government cell-phones.

7. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes such as PIN/PUK to the COR within 24 hours.

8. NON-OFFICIAL LINES

This Contract is valid only for official Government needs.

9. DISCLOSURE OF INFORMATION

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

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10. TECHNOLOGICAL REFRESHMENT

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

The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the

Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

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

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

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

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

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

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11. SPECIAL SHORT TERM PROMOTION

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

12. DELIVERY ORDERS

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

13. TRAINING

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

14. EQUIPMENT RETURN/DEFECTIVE POLICY

If a telephone is defective or is being returned, the telephone will be exchanged within 10 business days.

15. CUSTOMER SERVICE CENTERS

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

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 21 of 59

16. SURVIVABILITY AND RECOVERY

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

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

17. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance.

The QASP provides a method for the Contracting Officer's Representative (COR) to monitor

Contractor performance, advise the Contractor of unsatisfactory performance, and notify the

Contracting Officer of continued unsatisfactory performance. The Contractor, not the

Government, is responsible for management and quality control to meet the terms of the contract.

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

Performance Objective PWS Paragraphs Performance Threshold

Services.

Performs all mobile telephone services set forth in the Schedule of

Services.

1. thru 16.

All required services are performed and no more than two

(2) customer complaints are received per week.

17.1 SURVEILLANCE

The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

17.2 STANDARD

The performance standard is that the Government receives no more than two (2) customer complaints per week. The COR shall notify the Contracting Officer of the complaints so that the

Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

17.3 PROCEDURES

a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed, they should immediately contact the COR.

b) The COR will complete appropriate documentation to record the complaint.

c) If the COR determines the complaint is invalid, the COR will advise the complainant. The

COR will retain the annotated copy of the written complaint for his/her files.

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d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection Clause.

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SECTION 2 – CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS

(OCT 2018), is incorporated by reference (See SF-1449, Block 27A).

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (JAN 2019)

(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) (31U.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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41

U.S.C.4704 and 10 U.S.C.2402).

52.2-76

SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5

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

3509)).

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

Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282)

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 24 of 59

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

__ (5) [Reserved].

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

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(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 (Aug2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Jan 2017) 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-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

2011) (15 U.S.C. 657f).

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

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned

Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

RFQ 19SZ2319Q0006 – Mobile Telephone Services for U.S. Embassy Bern, Switzerland Page 25 of 59

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

Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec2015) (15 U.S.C. 637(m)).

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

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

(E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (i) Alternate I (July 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

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

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

52.2-77

52.212-5 FEDERAL ACQUISITION REGULATION

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

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

(E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners

(Jun2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

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

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

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

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

8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and

13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011) (E.O. 13513).

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

__ (44) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

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

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

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

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

(Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

_X_ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C.4505, 10

U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) (31 U.S.C.

3332).

_X_ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31

U.S.C.3332).

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

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

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

637(d)(12)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46

U.S.C.Appx.1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

52.2-78

SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29

U.S.C.206 and 41 U.S.C.chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67).

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

Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C.chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of…

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