Botswana Final RFP_071410.pdf

BBG/IBB TS RFP No. BBG50-Q-10-0003 July 2010

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SECTION B – SERVICES AND PRICES

B.1 SCOPE OF SERVICES

The Contractor shall provide all personnel (labor), materials, and equipment necessary to perform all required facilities maintenance services at International Broadcasting Bureau, Botswana Transmitting Station (IBB/BTS), as described in Section D, DESCRIPTION/SPECIFICATION, WORK STATEMENT (Statement of Work) of this contract and exhibits attached in Section G.

B.2 TYPE OF CONTRACT

This is a combination type contract with firm-fixed-prices for scheduled maintenance services as defined in Section D and indefinite delivery/indefinite quantity (IDIQ) for Temporary Additional Services (Unscheduled Services and emergency services) of like kind. The firm- fixed-price will include all work, including furnishing all labor, materials, equipment and services, and all costs (direct and indirect) associated with providing the work and profit unless otherwise specified.

Task Orders issued by the IBB for Unscheduled Services or emergency services will be individually negotiated. The fixed hourly rates for Unscheduled Services and emergency services shall include wages, overhead, general and administrative expenses, and profit. Oral orders may be placed by the Contracting Officer Technical Representative (COTR) for emergency services only; however, those oral orders shall be confirmed in writing within 24 hours of receipt of the oral order.

B.3 PRICES/COSTS

B.3.1 All prices shall be submitted in Botswana currency and include all costs (indirect and direct) and profit.

B.3.2 Scheduled Maintenance Services

(a) In consideration for the Contractor‘s satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm- fixed-price per month for Scheduled Maintenance. The IBB will not pay the Contractor additional monies nor adjust the contract price due to: (i) any escalation in the cost of materials, equipment or labor; (ii) failure to properly estimate or accurately predict the costs associated with performing the services required under this contract; (iii) difficulty providing or performing the services required herein; or (iv) fluctuations in the currency exchange rate.

(b) Scheduled Maintenance Services that cannot be completed within the scheduled duty hours shall be treated as Unscheduled Maintenance Services as described under Sections B.3.3, B.4.2 (for pricing) and D.3.2 in the Statement of Work.

B.3.3 Unscheduled Maintenance Services

For more information regarding ―Unscheduled Maintenance Services‖ please refer to Section B.4.2 for pricing and D.3.2 in the Statement of Work.

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B.4 BASE PERIOD PRICES

B.4.1 Scheduled Maintenance Services

(a) The Contractor shall provide a firm-fixed- price for the Base Year period (12 months from notice to proceed (NTP)) for all work specified in Section D except for work specifically identified as Unscheduled Maintenance Services. The types of Scheduled Maintenance Services required under this contract are as follows:

Types of Service Monthly Rate Annual Rate

Building and Grounds (Buildings & Grounds Supervision

Driver Services

Grounds Maintenance Services

Janitorial Services

Labor Services

Custodial Services

Firm-Fixed-Price (FFP)

B.4.2 Unscheduled Maintenance Services

Prices for Unscheduled Maintenance Services shall be authorized by individual Task Orders. The prices for these individual Task Orders shall be negotiated between the Contractor and the COTR, by determining (in advance of the start of the work), the labor categories and number of hours required, and multiplying the number of hours required by the task by the hourly rates. For more information regarding ―Unscheduled Maintenance Services‖ please refer to Section D.3.2 of Statement of Work.

Types of Unscheduled Services Hourly Rate

Janitorial Services

Labor Services

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B.5 OPTION YEAR PERIOD PRICES

B.5.1 Scheduled & Unscheduled Maintenance Services

(a) The Contractor shall provide firm-fixed- prices for Option Years I through IV for all work specified in Sec D Statement of Work except for work specifically identified as Unscheduled Maintenance Services. The types of Scheduled Maintenance Services required under this contract are as follows:

Option Year I, 2010-2011:

B&G Supervision

Driver Services

Grounds Maintenance Services

Janitorial Services

Labor Services

FFP for Option Year 1

Janitorial Services

Option Year II, 2011-2012:

B&G Supervision

Driver Services

Grounds Maintenance Services

Janitorial Services

Labor Services

FFP for Option Year 2

Janitorial Services

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Option Year III, 2012-2013:

B&G Supervision

Driver Services

Grounds Maintenance Services

Janitorial Services

Labor Services

FFP for Option Year 3

Janitorial Services

Option Year IV, 2013-2014:

B&G Supervision

Driver Services

Grounds Maintenance Services

Janitorial Services

Labor Services

FFP for Option Year 4

Janitorial Services

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B.5.2 Unscheduled Maintenance Services

Janitorial Services

[End of Section B]

Section C -- Contract Clauses

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

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(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor‘s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government‘s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its

Facilities & Maintenance Services at Botswana TS Page 16 of 69 information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day‘s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227- 2423, or 269-961-5757.

(End of Clause)

C.2 ADDENDUM TO FAR 52.212-4

None http://www.ccr.gov/

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C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (DEC 2009)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2009)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C.

657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

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___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (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.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C.

637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

_ X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C.

637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C.

4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

___ (27) (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.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109- 169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

__ X (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

__X (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_ X (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

_ X (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (42) (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.

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(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor‘s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not

Facilities & Maintenance Services at Botswana TS Page 22 of 69 require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

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C.4 OPTIONS

(a) The U.S. Government may extend the term of this contract by written notice to the Contractor within 30 days from the end of the performance period; provided that the U.S. Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the U.S. Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) base year and four (4) option years.

(d) The option to extend the performance period will be promulgated via a written, bilateral contract modification to be executed between the BBG/IBB Contracting Officer and the Contractor‘s authorized representative.

(End of clause)

C.5 CONTRACTING OFFICER TECHNICAL REPRESENTIVE

The Contracting Officer will appoint by letter the Contracting Officer Technical Representative (COTR), who will have the responsibility of ensuring that the work conforms to the requirements of the con-tract and such other responsibilities and authorities as may be specified in the letter of authorization or this contract. It is understood and agreed, in particular, that the COTR shall not have authority to make changes in the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or the contract. THE

CONTRACTOR IS HEREBY FOREWARNED THAT, ABSENT THE REQUISITE AUTHORITY

OF THE COTR TO MAKE ANY SUCH CHANGES, IT MAY BE HELD FULLY RESPONSIBLE

FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING

OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL

WORK PERFORMED THAT IS NOT SO AUTHORIZED, AND MAY ALSO BE REQUIRED, AT

NO ADDITIONAL COST TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTION

NECESSITATED BY REASON OF THE UNAUTHORIZED ACTIONS.

(End of clause)

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C.6 SUBMISSION OF (Monthly) INVOICES

The Contractor shall submit an original invoice and three copies of it to the COTR at the following address:

BOTSWANA TRANSMITTER PLANT SUPERVISOR

International Broadcasting Bureau Botswana Transmitting Station P/Bag 38 Selebi-Phikwe, Botswana

C.7 SPECIAL CONTRACT REQUIREMENTS

C.7.1 Security

The U.S.Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Contractor shall provide to the COTR - the names, biographic data and police clearance (hereinafter ―background information‖) on all Contractor personnel who will be providing services under this contract prior to their providing any services under this contract. Upon approval of the Contractor‘s personnel‘s background information, the U.S.Government will issue identification cards to Contractor personnel, each of whom shall display his/her card(s) on their uniforms at all times while on government leased, rented or owned premises or while performing the services prescribed herein. . These identification cards are U.S.Government property and the Contractor is responsible for their return: (i) upon termination or expiration of this contract; (ii) when a Contractor‘s employee leaves the employ of the Contractor (for whatever reason) , or at the Government‘s request.

C.7.2 Government Furnished Property/Equipment/Supplies/Materials

The Contractor has the option to reject any or all U.S.Government furnished property, equipment, supplies or materials However, if rejected, the Contractor shall provide all necessary property, equipment, supplies or materials in adequate quantities and suitable for the intended purpose—i.e., to perform all work and provide all services with no additional cost to the U.S.Government. All U.S.Government furnished property, equipment, supplies or materials are provided in an ―as is‖ condition and shall be used only in connection with performance under this contract. The Contractor is responsible for the proper care, and use of U.S.Government furnished property, equipment, supplies and materials in its possession or control from time of receipt of property, equipment, supplies, or materials through stewardship, custody, and use until formally relieved of responsibility by authorized means in accordance with the terms of the contract. Any use of Government furnished property, equipment, supplies or materials that results in damage or destruction shall be repaired, replaced, and/or refurbished at the Contractor‘s expense. The Contractor is also responsible for the routine maintenance of U.S.Government furnished property or equipment in his possession.

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U.S.Government Furnished Equipment Quantity

a. Mowers, Riding 2

b. Mowers, Push 6

c. Concrete Mixer 2

d. Utility trailer 1

e. Brush Cutter/Weed eater 3

f. Tractors 3

g. Forklift 1

h. Chain saw 1 I. Portable Generator 2

j. Welding machine 1

k. Tipper Truck, 4 Ton 1

l. Fire fighting trailer 2

m. vacuum cleaner 1

n. vehicle 1

o. Carpentry tools (i.e. power saws, molders, planners, shapers, joiners and routers)

U.S.Government Furnished Supplies & Materials: The IBB shall provide all supplies and materials to be used to perform the facilities services required in the performance of this contract. These supplies and materials include, but are not limited to, the following: cleaning agents and materials; building supplies and hardware; gardening tools and fertilizers; pesticides and poisons; fuels and lubricants (for IBB vehicles and equipment only); administrative supplies to be used to support IBB activities.

Note: The Contractor is responsible for providing replacement parts and materials for Contractor provided tools and equipment. Likewise, the Contractor shall provide its own administrative office supplies to support its operations.

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C.7.3 Contractor Standards of Conduct

(a) General. The Contractor shall ensure that its employees maintain satisfactory standards of competency, conduct, cleanliness, appropriate dress, and integrity (standards of conduct) as delineated herein. The Contractor shall adhere to standards of conduct that reflect credit on itself and the U.S. Government. The U.S.Government reserves the right to either (i) direct the Contractor to remove an employee from the work site for failure to comply with these standards of conduct and immediately replace that employee so that the Contractor maintains continuity of services at no additional cost to the U.S. Government; or (ii) terminate the contract for default for failure to comply with the standards of conduct set forth below:

(b) Uniforms and Personal Equipment. The Contractor shall ensure that its employees wear clean, neat, and (complete) uniforms while on government leased, rented or own premises or while performing the services prescribed herein.. All Contractor‘s employees shall wear uniforms that have been approved by the Contracting Officer's Technical Representative (COTR). The Contractor shall provide (for each employee and supervisor,) uniforms and necessary equipment.

The Contractor shall bear the cost of purchasing, cleaning, pressing, and repair of the uniforms.

(c) Neglect of duties shall not be condoned. The Contractor shall not condone behavior that demonstrates a lack of regard for the duties that its employees are required to perform such as sleeping while on duty, unreasonable delays or failure in carrying out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity and security of the work site.

(d) Disorderly or Disruptive Conduct. The Contractor shall not condone disorderly or disruptive activities that interfere with the normal and efficient U.S.Government operations including, but not limited to: (i) use of abusive or offensive language; (ii) quarreling; (iii) intimidation by words and/or actions, or fighting.(iv) sexual harassment; and (v) offensive physical contact.

(e) Intoxicants and Narcotics. The Contractor shall not permit its employees (while on government leased, rented or owned premises or while performing the services prescribed herein) to possess, sell, consume, or be under the influence of intoxicants, illegal drugs or other substances which produce similar effects.

(f) Criminal or other Legal Actions. Nothing in this section is in lieu of any legal actions that may be taken by or on behalf of the Government in the protection of its rights, property, or interest. In certain circumstances, the Contractor may be subject to criminal actions as permitted by law. These circumstances include, but are not limited to: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents, electronic files or records; or concealment of material facts by willful omission from official documents , electronic files or hard copy records; unauthorized use of U.S.Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations;

organizing or participating in gambling in any form while on U.S.Government leased, rented or own premises or while performing the services prescribed herein and/or utilizing U.S.

Government furnished equipment or U.S.Government furnished materials or such purposes; and unlawful possession or misuse of weapons.

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(g) Key Control. The Contractor shall receive secure, issue and account for any keys issued to its employees for access to buildings, offices, equipment, gates, etc., for the purposes of providing services required under this contract. Keys shall not be duplicated without the COTR's approval. If any of the Contractor‘s the staff duplicated any key(s) without permission of the COTR, the Contractor shall relieve those individual(s) from their duties under the contract. If the Contractor loses any such keys, the Contractor shall immediately notify the COTR. In either of the above situations,, , the Contractor shall reimburse the U.S. Government for the cost of re-keying that portion of compromised system..

(h) Competency. For Unscheduled Maintenance Services, the Contractor‘s acceptance of a Task Order serves as the Contractor‘s confirmation that they are fully qualified to perform the services. Failure to possess the requisite skills may be deemed as evidence of misrepresentation and grounds for Termination for Default.

(i) Accurate Invoicing. The Contractor shall submit invoices that properly reflect the services performed. Submittal of an invoice that does not accurately reflect or otherwise misrepresents the services performed may be considered fraud subjecting the Contractor to Termination for Default.

C.7.4 Contractor‘s Personnel Mandatory Qualifications

(a) Contractor‘s Personnel Mandatory Qualifications: The Contractor shall assign only those employees possessing the requisite skills necessary to perform the roles below.

(1) Driver/Mechanic: The driver/mechanic must possess a valid professional driver‘s license, must have three (3) years professional driving experience, and must have a good driving record. The driver/mechanic must be able to repair the station vehicles and trouble shoot minor engine malfunction. The driver/mechanic must be skilled and experienced in providing preventive repair services including mechanical repairs, assembly and disassembly, welding, electrical and body repair, washing and cleaning of station heavy equipment, small mowers, and ground maintenance equipment and all other vehicles on the station inventory. The driver/mechanic must also be able to write & speak in English. The U.S,Government would prefer that the driver/mechanic has completed high school and a vocational school for either driving or automotive mechanics.

(2) Rigger: The rigger shall have at least three (3) years experience in rigging including, but not limited to, antenna tower climbing to heights of 150 feet. The rigger shall also possess experience in the maintenance and repair of transmission lines. The rigger shall be skilled in metal fabrication and welding and possess education and/or experience in electrical and/or mechanical fields. The rigger is required to have completed high school.

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C.7.5 Lawful Operations, Employee Benefits and Permits (a)Employee Salary Benefits. The Contractor shall include in its fixed prices or hourly rates the costs associated with the employee benefits required by local law. For example, where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other employee salary benefits, the Contractor is responsible for payments of such benefits and and must include all such costs in the fixed prices or hourly rates incorporated in this contract.

(b) Failure to include the above employee salary benefits required by local law in the fixed prices or hourly rates incorporated in this contract does not exempt the Contractor from complying with the law. The Contractor‘s non-compliance on the mandated minimum wage and employee benefits could be construed as a default under this contract. The U.S. Government may in its sole discretion either exercise its rights under FAR 52.246-4, Inspection and Services (Fixed Price) (Aug 1996) and/or terminate the contract for default..

(c) Insurance. The Contractor, at its own expense, shall procure and maintain during the entire period of performance of this contract the types of insurance specified below. The Contractor shall submit a certificate of insurance giving evidence of the required insurance prior to commencing work. All insurance shall be procured from insurers authorized to do business in the jurisdictions where services are to be performed.

(d) Permits. Without any additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the execution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer in its proposal. Application, justification, fees, and certifications for any licenses required by the host country government are entirely the responsibility of the Contractor..

C.7.6 Indemnification

The Contractor agrees to indemnify and to hold harmless…