23Q0018_RFQ Package.pdf

Embassy oI the United States ol America

Limu, Peru

Subject: RFQ 19PE5023Q0018 - GSO/MP Taxi Service (Official Business)

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

1. Standard Form SF-1449 (Fill blocks 17a,23-24, & 30a, b, c)

2. Pricing List

3. Statement of Work

4. Quotation lnformation

5. lnstructions to Offerors

6. FAR & DOSAR Clauses & Certifications

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

Please read the RFQ carefully, and if you are interested, submit your quotation.

Return the completed 5F-1449 and proposal by email to Mendezi@state.sov no later than March 6, 2023, before 11:00 a.m. Oral quotations will not be accepted.

Sincerely, Carlos Quimpo Contracting Officer

Enclosu re: As stated

February 17,2023

To: Prospective Quoter

AUTORIZED 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

PR11466269

PAGE 1 OF 75 PAGES

2. CONTRACT NO. 3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19PE5023Q0018

6. SOLICITATION ISSUE

DATE

02/17/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Jessica Mendez

b. TELEPHONE NUMBER(No collect calls) 6182190

8. OFFER DUE DATE/

LOCAL TIME

03/06/2023 / 11:00

9. ISSUED BY CODE PE500 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB EMERGING SMALL BUSINESS

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN:

GSO/Procurement Lima

PERU

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

x RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima

PERU

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima

PERU

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: FMO

Lima

PERU

CODE

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) x 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA x ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE 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 _ __ 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) 31c. DATE SIGNED

001 Solicitation for Taxi service in accordance to attached Performance Work 12 months Statement and related documents x 01

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

41.a. 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

STANDARD FORM 1449 (REV. 2/2012) BACK

Page | 3

SECTION 1 – PRICING LIST

A. The prices listed below shall include all managerial, administrative, direct labor personnel, vehicles, drivers, communication equipment, all operating expenses, and applicable taxes (i.e., fuel, oil, etc.), including all servicing, parking, tolls and passenger insurance, third-party liability insurance as well as other insurance required by local law (SOAT) of such vehicles that are necessary to accomplish all work required by this contract.

B. All prices must include IGV taxes as a separate line item.

C. The Government will not consider any claim for any additional compensation unless it has been authorized by the Government in writing in advance. The Government shall not be responsible for any work performed that is not specifically provided for under this contract or authorized by the Government in writing in advance.

Item Description Unit Estimated Quantity

Unit Price

Total Estimated Amount

Mid-size Sedan - four-door, capable of carrying 2 to 3 passengers (no tank in trunk to carry luggage, etc.)

Hourly 100

Van - Capable of carrying 4 to 7 passengers + luggage for airport services

Hourly 100

Page | 4

Item

Mid-size Sedan Vehicle to/from Airport

2 to 3 passengers + luggage (no tank in trunk to carry luggage, etc.)

Unit Estimated Quantity

Unit Price

Total Estimated Amount

1 Airport to Callao Trip 8

2 Airport to La Molina Trip 80

3 Airport to Miraflores Trip 100

4 Airport to San Borja Trip 8

5 Airport to San Isidro Trip 40

6 Airport to Surco Trip 100

Item Van Vehicle to/from Airport 4 to 7 passengers + luggage

Unit Estimated Quantity

Unit Price

Total Estimated Amount

1 Airport to Callao Trip 10

2 Airport to La Molina Trip 80

3 Airport to Miraflores Trip 100

4 Airport to San Borja Trip 8

5 Airport to San Isidro Trip 40

6 Airport to Surco Trip 100

Sub-total

IGV Tax (18%)

TOTAL

Page | 5

SECTION 2 – STATEMENT OF WORK

1. GENERAL

The Contractor shall provide passenger transportation services, vehicles with drivers for the official business at U.S. Embassy in Lima, Peru. The Contractor shall provide all managerial, administrative, direct labor personnel, vehicles, drivers, communication equipment, all operating expenses, and applicable taxes (i.e., fuel, oil, etc.), including all servicing, parking, tolls and passenger insurance, third-party liability insurance as well as other insurance required by local law (SOAT) of such vehicles that are necessary to accomplish all work required by this contract.

Hours of Operation: Monday thru Sunday from 0000 hrs. to 2400 hrs.

(Including holidays)

Toll Road “Linea Amarilla” – When applicable, Toll Road Linea Amarilla must be used for airport services. Supporting documentation must be attached to the monthly invoice.

Parking Fees - On Airport and Grupo-8 services, parking fees are the contractor’s responsibility. The contractor should track flights arrival/departure in order to avoid these expenses.

Price List - Contractor shall provide a price list containing all requested transportation scenarios for pick-up and drop off point’s fees in Lima Metropolitan area and Callao for each performance period.

Per Hour Cost - Contractor shall provide a cost per hour of service for each performance period. Minimum time of service to be charged is 1 hour of service. An additional hour will be charged after 15 minutes of completed hour of service.

Cancellation - The Government will be liable for 100% of the fixed price of each service ordered unless the Contracting Officer gives the contractor oral or written cancellation 12 hours prior to the effective date of service.

Page | 6

The Contracting Officer or authorized representative may place orders verbally, by phone, fax, e- mail, with 12 hours advance notice of requested service. Verbal orders shall be confirmed in writing within 24 hours after requested service. The Contracting Officer or authorized representative will normally submit requests between the hours of 0800- 1700 hrs. After office requests will be placed by the Motor Pool supervisor or the Motor Pool dispatcher to the Contractor.

Authorized Government representatives are:

• Contracting Officer Representative (COR) – The Motor Pool Supervisor

• Motor Pool Dispatcher

• Embassy Vehicle Officer - General Services Officers

Contractor shall confirm requests in writing (via email) within one (1) hour after receipt of request and must include:

• Name of driver assigned,

• Driver cellphone number

• Driver DNI number

• Vehicle make, model, type, color and plate number.

2. DEFINITIONS

“Calendar Day” means the twenty-four-hour period from midnight to midnight.

Saturdays, Sundays and all holidays are considered calendar days.

"COR" means the Contracting Officer's Representative, appointed in accordance with this contract. The COR is normally the Motor Pool Supervisor.

"Government" means the Government of the United States of

America unless specifically stated otherwise.

"Ordering Officer" means the Contracting Officer of the U.S.

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

Page | 7

3. MANAGEMENT

3.1. Contracting Officer’s Representative. The Contracting Officer’s Representative (COR) is responsible for validating requests from vehicle users and providing instructions for vehicle use to the Contractor on a daily or less frequent basis. The COR is normally the Motor Pool Supervisor, or in his absence, a member of Embassy Lima’s Motor Pool Team.

3.2 Authorized Service Requesters. Each task order will list 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 order and are not authorized to order services from vehicles that were not included in that task order.

3.3 Project Manager. The Contractor shall designate a Project Manager who ideally speaks English and shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, including delegating requests to drivers (if drivers are required by this contract) along with any instruction required, and ensuring a smooth and effective operation. The Contractor’s Project Manager and telephone number are:

Project Manager:

Telephone Number:

3.4 Documentation of Usage. Each driver shall obtain a certifying signature from the vehicle user on Daily Vehicle Use Record at the end of service each day. Contractor must send a copy (PDF) of the documents from 0800 to 1000 of the following day to the COR. The Contractor shall attach this form to the invoice as a supporting document to verify the hours of service.

4. VEHICLES

4.1. Types of Vehicles

Page | 8

The Government requires the following types of vehicles, if ordered under this contract. All vehicles shall be no more than five (5) years old of the latest model and in excellent condition with air-conditioning and 3-point seat belts. The vehicle trunk must be cleared to allow room for baggage.

The Contractor shall provide registration numbers before the vehicles are used.

Vehicle Type Size and Description

Mid-size Sedan

Four-door, capable of carrying 3 passengers (excluding the driver)

SUV or Van

Capable of carrying 4 - 7 passengers (excluding the driver) + Luggage for Airport Service

All vehicles must have 3-point working seat belts Smoking will not be allowed when transporting passengers

4.2 Replacement/Servicing. The Contractor shall provide a

replacement vehicle equivalent to the type that requires replacement, due to accident, breakdown, or any other reason, within one (1) hour of notice by the driver or by the COR.

5. DCOMMUNICATION EQUIPMENTS

The Contractor shall provide the driver a cell phone which shall always be available for use by the driver during the service.

6. DISPATCH POINTS

6.1 Dispatch points

• Lima Metropolitan and Callao areas

• Jorge Chavez International Airport and Grupo 8

6.2 Level of Service. Vehicles shall be available to pick up passengers at the dispatch points 15 minutes before the stipulated time listed in the service request made by the authorized requester. Contractor shall provide up to 15 minutes of waiting time free of charge.

Page | 9

7. PERSONNEL

7.1 The Contractor shall provide qualified drivers for each vehicle specified in this contract. Drivers employed to perform services shall be experienced and competent in the performance of such services and shall possess the appropriate license and insurance.

7.2 The Contractor shall provide the COR the complete name of drivers, home addresses, copy of Peruvian license, and DNI required to provide services under this contract.

7.3 Standards. Each driver shall meet minimum standards including:

a. Local knowledge - Be completely familiar with local areas to know alternate routes in case primary route is impassable, or otherwise not the best alternative.

b. Licenses – Possess a valid driver’s license.

7.4 Standards of Conduct

a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the contractor to remove an employee form the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

b) Uniforms. The contractor’s employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms.

All employees shall always wear accreditation. Uniforms at a minimum will consist of slacks (not jeans), collared shirts (with the

Page | 10 company name and logo), and dress (not rubber) shoes.

c) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned.

Also included is participation in disruptive activities that interfere with normal and efficient government operations.

d) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

e) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct, unethical or improper use of official authority or credential; security violations;

and organizing or participating in gambling in any form.

f) Distractions. Drivers should avoid distraction (i.e. Speaking on the phone, and use of electronic handheld, etc.) while the vehicle in motion.

7.5 Personnel Health Requirements

All employees must be in good general health without physical disabilities that would interfere with the acceptable performance of their duties. All employees shall be free from communicable disease. They shall possess binocular vision, correctable to 20/30 and shall not be colorblind.

They shall be capable of hearing conversation at normal speaking level.

7.6 Training.

The Contractor shall provide training for all drivers in areas such as operating procedures, Customer Service and communication

Page | 11 equipment/systems.

Additional Requirements from Safety, Health & Environmental Management (SHEM) Fleet/Motor Pool Services.

• Mask wearing is mandatory for all vehicle occupants with few exceptions. Drivers should be empowered not to transport passengers who do not wear face masks.

• When possible, limit the number of passengers to those who can sit in the rear seats and leave the front passenger seat empty to maximize physical distancing. Family members can stay in close proximity.

• The vehicle’s ventilation system should be set to outside air (not recirculation.) “Max A/C” should be avoided as this sets the air system to recirculation as well.

• Provide hand sanitizers/disinfectant wipes in the vehicle for use by the driver/passengers.

Perform a cleaning/disinfection of the vehicle between trips. For airport trips, wipe down luggage handles and grab points with sanitizer before handling.

Contractor should:

• conduct routine sanitation and, as prior to the pandemic, disinfection of vehicles with focus on high-touch surfaces, which may kill viral material on surfaces left by pre or asymptomatic occupants,

• identify high-touch surfaces that may be possible to eliminate or modify to make hands-free or easier to clean, and

Page | 12

SECTION 3 - QUOTATION INFORMATION

A. QUALIFICATIONS OF OFFERORS

Offerors/quoters must prove to be technically qualified and financially responsible to perform the work described in this solicitation. At a minimum, each Offeror/Quoter must meet the following requirements:

(1) Be able to understand written and spoken English.

(2) Have an established business presence in Peru for with a permanent address and telephone listing.

(3) Have all licenses and permits required by local law.

(4) Meet all local insurance requirements.

(5) Have no adverse criminal record; and

(6) Have no political or business affiliation which could be considered contrary to the interests of the United States.

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

The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

• ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments.

• satisfactory record of integrity and business ethics.

• necessary organization, experience, and skills or the ability to obtain them;

• necessary equipment and facilities or the ability to obtain them; and

• Be qualified and eligible to receive an award under applicable laws and regulations.

Page | 13

B. SUBMISSION OF QUOTATIONS

Each offer must at least consist of the following documentation in English:

(1) A completed solicitation, in which the SF-1449 cover page (blocks 17a, 23-24, and 30a, 30b, and 30c) has been filled out.

(2) Section 1 – Pricing list

(3) Offerors Certifications properly signed

(4) List of clients demonstrating prior experience with suitable references

Submit your quotation by email to Mendezj@state.gov no later than March 6, 2023, before 11:00 am. Late proposals will not be considered for further evaluation.

The Offeror/Quoter shall identify and explain/justify any deviations, exceptions, or conditional assumptions taken with respect to any of the instructions or requirements of this request for quotation in the appropriate volume of the offer.

PAYMENT TERMS

Net 30 days, upon satisfactory receipt of goods or provision of services and receipt of an accurate invoice.

All quotes must be valid for 30 days from the closing date for this solicitation.

mailto:Mendezj@state.gov

Page | 14

SECTION 4 – INSTRUCTION TO OFFEROS

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold; (2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women- owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

Page | 15

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at Federal

Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

Page | 16 alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

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

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

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

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

(3) Acceptable evidence to establish the time of receipt at the Government https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

Page | 17 installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

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

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

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

Page | 18 on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

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

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

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

Page | 19

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697- 2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.

The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the

Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/

Page | 20 the debriefed offeror’s offer.

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2022-05, effective 03/2022)

COMMERCIAL ITEMS

52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

DEC 2022

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC OR

CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

Page | 22

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE

JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

DEC 2022

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

The following clauses are provided in full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204- 26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions . As used in this provision— Backhaul , covered telecommunications equipment or services , critical technology , interconnection arrangements , reasonable inquiry , roaming , and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) Prohibition.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

Page | 23

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract . Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation .

https://www.sam.gov/

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The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry , for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services , or use any equipment , system, or service that uses covered telecommunications equipment or services . The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

Page | 25

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Page | 26

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment ; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country .

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment , parts and components, materials , software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment , and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material );

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

Page | 27

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data ) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment , system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract , or extending or renewing a contract , with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or https://www.acquisition.gov/far/part-4#FAR_4_2104

Page | 28 as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract .

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer , unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer (s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable;…