Combined Synopsis Vehicles Pakistan 19GE5020R0071.pdf
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- Solicitation number
- 19GE5020R0071
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This document is a combined synopsis and solicitation for the delivery of 18 new double cabin pickup trucks for Khyber Pakhtunkhwa Province in Pakistan. The Bureau of International Narcotics and Law Enforcement Affairs mission is requesting proposals for the delivery of right-hand drive double cabin pickup trucks that meet specified technical requirements. Proposals are due by July 21, 2020 and must be submitted via email with the subject line "Proposal 19GE5020R0071" to the specified contracting officer. The contract will be a firm fixed-price contract payable in the currency stated in the proposal. The vehicles must meet minimum specifications for items like seating, doors, engine, transmission, drive type, tires, and other features. Offerors must demonstrate compliance with specifications and provide documentation on warranty, dealership support, and past performance. The award will be made to the responsible offeror with the lowest priced technically acceptable proposal.
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COMBINED SYNOPSIS & SOLICITATION
United States Embassy Islamabad, Pakistan
Delivery of 18 (eighteen) Right Hand Drive
Double Cabin Pickups 4x4
SOLICITATION NO. 19GE5020R0071
Issued by:
American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany
Solicitation No. 19GE5020R0071 U.S. Embassy Islamabad, Pakistan INLP-CN: Vehicles for Excise & Taxation and Narcotics Control, Khyber Pakhtunkhwa province
June 23, 2020
COMBINED SYNOPSIS AND SOLICITATION, SOLICITATION No. 19GE5020R0071
SECTION I - THE SCHEDULE
1.1 BACKGROUND / SCOPE OF SERVICES
On Behalf of The Bureau of International Narcotics and Law Enforcement Affairs (INL) mission, the American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for the Delivery of new eighteen (18) units of Right Hand Drive Double Cabin Pickups 4x4 for Excise & Taxation and Narcotics Control, Khyber Pakhtunkhwa Province, Pakistan.
The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach.
1.2 SYNOPSIS
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5020R0071 and is issued as a Request for Proposal (RFP), unless otherwise indicated herein.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-06, effective date 05.06.2020
1.3 TYPE OF CONTRACT
The Government intends to award a single, firm fixed-price contract payable entirely in the currency indicated in Section 2 Pricing to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, delivery
AMERICAN CONSULATE GENERAL
Regional Procurement Support Office Giessener Strasse 30
60435 Frankfurt am Main Germany
Tel: (49) 69 7535 3332 E-mail: ReinmuellerNU@state.gov charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required vehicle. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.
1.4 TERM OF CONTRACT:
This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the U.S. Government.
2. SUPPLIES AND PRICES
The Contractor shall provide to the U.S. Government new transport vehicles as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform pre-delivery inspection on the vehicles and deliver them to the location set forth in Sub-Section 9 and Subsection 3, Place of Delivery, of this contract. The firm fixed price shall include the vehicles, pre-delivery inspection, transportation to their ultimate destination, certificates of origin, operator’s manuals, warranty certificates, and any other documentation mandated by the destination country in accordance with Sub-Section 10, Other Specific Requirements, of this contract. All manuals shall be furnished in the English language.
2.1 PRICING DATA
The offeror shall insert his price for the line items no. 0001-0002 below, and the detailed list of the required items specified in Section I, Sub-Section 4. List of Vehicles Required and Sub Section 22 List of attachments.
Contractor shall state in which currency the proposal is made in; Sub-Section 2.2 below.
CLIN Short Description Unit Quantity Unit Price Total Price
0001 Right Hand Double Cabin Pickups 4x4: Diesel engine 2750cc, manual transmission
Each 18
0002 Shipping / delivery cost
0003 Taxes and Duties* Lot 1
GRAND TOTAL FIRMED FIXED PRICE
*The U.S. government is exempt from paying any taxes, tax mentioned as CLIN 0003 is payable only if U.S. Government fail to obtain tax exemption. Process for tax exemption as per Sub-Section
2.3.2 Process for Tax Exemption
2.2 CURRENCY
The currency shall be fixed and cannot be changed by modification to the contract.
The contract will be issued in the currency, the price proposal has been quoted in.
Currency: (Please insert currency of the offer)
2.3 TAXES AND DUTIES
2.3.1 VAT
VAT is not applicable in Pakistan. Only sales tax is applicable for locally manufactured vehicles and customs duty for imported ones. As per Letter of Agreement with Government of Pakistan, INL is exempted on paying all type of taxes. There is no blanket exemption and it need to be applied when vehicles are ready for delivery for local ones and when shipment is made for the imported ones.
2.3.2 PROCESS FOR TAX EXEMPTION
a) Taxes and duties on vehicles manufactured outside of Pakistan: The U.S. Government will be responsible for obtaining customs clearances and exemption certificates, or paying customs duties, for the imported vehicle. The vehicle shall be shipped in the name of INL-P, American Embassy, Islamabad, Pakistan. The offeror shall provide scanned copies of shipping documents (Bill of Lading, invoice, packing list and etc) as the vehicles are shipped.
NOTE: Timely delivery of the required documents will help to obtain the necessary custom clearances from local authorities prior to arrival of shipment/s and save the contractor any port storage fees.
After custom clearance has been obtained the contractor shall be responsible for the transportation of all vehicles from either Karachi Port or Port Qasim (both ports are in Karachi city, Pakistan) to Peshawar City, Khyber Pakhtunkhwa, Pakistan, COR will provide precise cites and delivery address after contract award. Delivery services shall be required to: Peshawar City in Khyber Pakhtunkhwa Province, Pakistan
(b) Taxes and duties on vehicles assembled or manufactured in Pakistan: The U.S.
Government will be responsible for obtaining exemption certificates for sales taxes and duties on locally assembled or manufactured vehicles. The offeror’s manufacturer shall provide Proforma Invoice detailing engine and chassis number of vehicles to seek exemption from Government of Pakistan.
2.4 MANUFACTURE (BRAND) / MODEL IDENTIFICATION
The proposed vehicle is of the following manufacture and model name / number (please insert below the manufacture and model name/number of the vehicle.
CLIN MANUFACTURE (BRAND) MODEL NAME / NUMBER
2.5 BASIS OF PRICE
The Contractor shall provide a copy in English of the applicable manufacturer’s commercial warranty for the vehicle covered by such a warranty at no additional cost to the Government.
The price of all Vehicles shall include their transportation C.I.F. Destination basis in accordance with, Section II FAR 52.247-42, C.I.F. Destination (APR 1984), of this solicitation.
3. DELIVERY
3.1 DELIVERY PLACE
Delivery shall be made C.I.F. destination as soon as possible but not later than One hundred and twenty (120) calendar days from the date of contract award.
The contractor shall deliver to:
Peshawar City in Khyber Pakhtunkhwa Province
Attention: COR Tahir Z. Yousaf
The vehicles shall be delivered on C.I.F in accordance with Sub-Section FAR 52.247-42, C.I.F.
Destination (APR 1984), of this solicitation.
Note: Exact Address in Peshawar City will be provided at the time of Award
3.2 DELIVERY SCHEDULE
The offeror shall propose a binding delivery schedule for all eighteen (18) vehicles to the final destination Peshawar City in Khyber Pakhtunkhwa Province in Pakistan. The delivery schedule shall be expressed in calendar days based on the date of the order award.
3.3 DELIVERY COORDINATION:
The Contractor shall coordinate the delivery with the COR for this Contract. Shipping documents for the items being shipped shall be sent to the COR prior to delivery.
COR contact Details as per Sub Section 18
4. CLIN 0001 Specifications Double Cabin Pick-Up 4X4, Diesel
The Pakistan specifications Right Hand Drive Double Cabin Pick-Up 4x4, Diesel, 125 KW, shall meet the following minimum specifications:
Seating Capacity : Five (05)
Number of Doors : Four (04)
Engine : 4 Cylinder Diesel, 2750cc, Power Output : 125KW
Transmission : 6-Speed manual floor shift
Drive : 4x4 (4-wheel drive)
Tire : Cross country tread pattern, size 265/65/R17 with alloy rim
Steering : Factory built right-hand drive, power assisted
Suspension : Heavy duty, suitable to Pakistan’s cross country terrain
Brake System : ABS Brakes, Hydraulic, power assisted brakes
Wheelbase : 3080 mm
Ground Clearance : 270 mm
Cabin : All instruments and gauges shall be graduated in metric system with description in English language;
Seat belts for everyone (driver, co-driver and all backseats passengers)
Rearview exterior mirror on both sides and inside the cabin;
Air conditioner;
Heater and defroster (for front wind shield)
Color / Paint : Available Color Schemes
Miscellaneous : Provision of fire extinguisher (ozone friendly), 1 Kg capacity, rechargeable;
- Lockable fuel cap/cover
- System with Radio, CD/DVD player, USB, Blue tooth
- Power windows
5. COMPLIANCE WITH SPECIFICATIONS:
The offerors shall prepare and submit with their offer, for the proposed vehicle model, a detailed matrix indicating that the specifications of the vehicle offered are in compliance with the required minimum specifications set forth in Sub-Section 4 Description/Specifications of Vehicles, and Sub
Section 22 List of attachments of this solicitation. Any deviations to the required minimum specifications shall be clearly stated in the remarks column.
As supplement to the specification data of the proposed vehicle model, Offerors shall also provide with their offer Product literature and/or catalog; from the manufacturer or a third party (i.e., clearly identifying the source)
Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.
5.1 DESCRIPTIVE LITERATURE
Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.
6. WARRANTY
The offeror shall provide with its offer the detailed warranty provisions that will be applicable for the subject vehicles in Pakistan.
The Contractor agrees that the vehicles furnished under this contract shall be covered by the most favorable manufacturer’s commercial warranty the Contractor gives to any customer for such vehicles and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
The Contractor shall provide a copy in English of the applicable manufacturer’s commercial warranty with each vehicle covered by such a warranty at no additional cost to the Government.
a) Warranty terms: __________ months, or ________________ Km, whichever comes first (to be inserted by the offeror).
b) Period of availability of repair parts: __________ years (to be inserted by the offeror).
The Contractor shall further provide, at the time of delivery of each vehicle, a list of the manufacturer’s authorized workshop(s) in Khyber Pakhtunkhwa province that is/are capable of providing local maintenance and supplying spare parts for the proposed vehicle model.
6.1 WARRANTY MINIMUMS
Minimum of 3 Years or 100,000 Kms whichever comes first
7. AFTER SALES SERVICES
The offeror should have a complete setup within Pakistan to provide facility for repair, maintenance & spares of the offered vehicles specifically in Khyber Pakhtunkhwa province.
7.1 MINIMUM AFTER SALES REQUIREMENTS
The offered brand should have at least one 3S dealership in Peshawar City of Khyber Pakhtunkhwa.
The offeror shall provide complete contact detail.
The facility shall have complete range of repair services to include but not limited to routine maintenance, engine repair, mechanical, body shop and paint shop.
The spare parts for the offered brand should be available in abundance from the independent parts dealers in major cities of Khyber Pakhtunkhwa province. The offeror shall provide the data of these independent parts dealer
The 3S facility should be the main point of contact for warranty claims.
8. CONDITION FOR DELIVERY OF VEHICLES
The vehicles shall be supplied in drive-away condition, to include all fluid levels in normal operating ranges and delivered to: Peshawar City in Khyber Pakhtunkhwa Province.
9. INSPECTION & ACCEPTANCE:
A U.S Government representative will inspect the products delivered to determine the quality and acceptability. Substandard products and work shall be notified to vendor.
9.1. INSPECTION AND ACCEPTANCE OF VEHICLES
The inspection and acceptance of vehicles shall be performed by the U.S. Government upon their receipt at the different locations in Pakistan. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicles, and upon presentation of the vehicle titles or certificates of origin to the Office of INL in Islamabad.
10. OTHER SPECIFIC REQUIREMENTS:
10.1 If applicable, the Contractor shall comply with all import requirements mandated by the government of Pakistan. Furthermore, the Contractor shall provide all the necessary documentation required at destination for importation of the proposed vehicle.
10.2 All manuals and literature shall be in the English language
11. CUSTOMS CLEARANCE AND TAX EXEMPTION
Detailed process as per section 2.3.2 Process For Tax Exemption
12. MARKING AND SUBMISSION OF DOCUMENTS
12.1 All vehicles and associated documents shall be labeled and marked for, and the shipping documents including original bills of lading, and vehicle titles or certificates of origin, shall be delivered to INL-P American Embassy Islamabad, Pakistan Headquarter, please coordinated delivery with Mr. Tahir Z. Yousaf via telephone 0092-51-201-5845.
Mr. Tahir Z. Yousaf will provide the completed delivery addresses for the locations in: Peshawar City in Khyber Pakhtunkhwa Province.
12.2 The titles or certificates of origin and shipping documents for imported vehicles (If required) shall be sent to the Office of International Narcotics (INL) in Islamabad, in advance to:
Mr. Tahir Z. Yousaf
INL Procurement Supervisor, INL/ADMIN
INL-Pakistan
U.S. Embassy Islamabad
Tel: (+92) 51-201-5845
Fax: (+92) 51-262-3603
E-Mail: YousafTZ@state.gov
13. PAYMENT
Payment will be made through Electronic Funds Transfer (EFT) into Company’s bank account within thirty days after delivery and acceptance of the vehicles and upon submission of legitimate invoice.
13.1 INVOICE SUBMISSION
(a) Invoice(s) in original and two copies shall be submitted to the following address for payment:
American Embassy Islamabad, Pakistan
INL-Pakistan
Attn: Mr. Tahir Z. Yousaf
Tel: (+92) 51-201-5845
E-Mail: YousafTZ@state.gov
(b) Invoices shall include the items listed in Section 2, FAR 52.212-4g. 1. Copies of all invoices shall be submitted to the Contracting Officer via email to ReinmuellerNU@state.gov and FrankfurtRPSO@state.gov
Note: Advance Payment shall not be authorized under this contract.
13.2 ERRONEOUS PAYMENT
If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.
14. PLACE OF PERFORMANCE
The Contractor’s place of performance for this contract is:
(To be inserted by the offeror)
15. AUTHORIZED POINT OF CONTACT
Provide a contact person(s) who has the authority to obligate the offeror’s company, with telephone number(s) and e-mail address
16. PAST PERFORMANCE
The offerors shall list a minimum of three contracts and/or subcontracts that they have held over the past three years to demonstrate their prior experience in supplying vehicles in the required category to companies, organizations and other Government entities, etc. Any additional information, such as letters, associations and standards to substantiate the past performance shall be furnished by the offerors. The offerors shall provide the following information for each contract and/or subcontract:
(A) Customer's name, address, and telephone numbers
(B) Type(s) and category(ies) of vehicles;
(C) Contract number;
(D) Contract dollar value; and
(E) Any terminations (partial or complete) and the reason (convenience or default).
17. PHYSICAL AND INFORMATION SECURITY REQUIREMENTS
The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the
USG.
All documents shall be controlled and disseminated on a need-to-know basis. Reproduction and distribution is prohibited without express approval of the USG.
All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to know basis, and shall not be further disseminated without prior authorization from the USG.
Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG
18 CONTRACT ADMINISTRATION DATA
18.1 AUTHORITY OF THE CONTRACTING OFFICER
All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.
18.2 GOVERNMENT PERSONNEL
Contracting Officer: Eric N. Moore
Contract Administrator:
E-mail address:
Nadja Reinmüller
ReinmuellerNU@state.gov
Contracting Officer's Representative (COR): Mr. Tahir Z. Yousaf
INL Procurement Supervisor, INL/ADMIN
INL-Pakistan
U.S. Embassy Islamabad
19. MISCELLANEOUS CONTRACTOR REQUIREMENTS
A contract with the U.S. Government conveys no special privileges or immunities to the contractor.
The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not U.S. Government employees. Registration of this contract with the host country, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the Government of the amounts thereof.
20. CHOICE OF LAW
This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.
21. PERIOD FOR ACCEPTANCE OF OFFERS
The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.
Note: This is an addendum to Section III Sub-Section, FAR 52.212-1 “Instructions to Offerors - Commercial Items (July 2013)”, Paragraph (c) “Period for acceptance of offers”, of this solicitation.
22. LIST OF ATTACHMENTS
Exhibit A - Utility Vehicle Questionnaire Double Cabin
The remainder of this page is left intentionally in blank
SECTION II – CONTRACT CLAUSES
FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more 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 these address (es):
Referenced FAR provisions and clauses can be obtained from:
http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130
Referenced DOSAR provisions and clauses can be obtained from:
http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40 (note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)
Clause Tittle 52.202-1 Definitions. (Nov 2013) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights. (June 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications.(Dec 2014) 52.212-1 Instructions to Offerors-Commercial Items.(Mar 2020) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013) 52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) 52.249-4 Termination for Convenience of the Government (Services) (Short Form).
652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS
AMENDED (AUG 1999)
652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
652.243-70 NOTICES (AUG 1999)
THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:
Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-02)
The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.
chapter 21 relating to procurement integrity.
(End of Clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (MAR 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.(Oct 2018)
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.2 33-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved]
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (June 2020) (31 U.S.C.
6101note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Asid52.2047e or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).
__ (ii) Alternate I (Mar 2020).
__ (iii) Alternate II (Nov 2011).
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Mar 2020) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9
__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
__ (ii) Alternate I (July 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
X (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
X (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of 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 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 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)
52.247-42 C.I.F. DESTINATION (APR 1984)
(a) The term "c.i.f. destination," as used in this clause, means free of expense to the Government delivered on board the ocean vessel to the specified point of destination, with the cost of transportation and marine insurance paid by the Contractor.
(b) The Contractor shall -
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements;
(2) (i) Deliver the shipment in good order and condition; and
(ii) Pay and bear all applicable charges to the point of destination specified in the contract, including transportation costs and export taxes or other fees or charges levied because of exportation;
(3) Obtain and dispatch promptly to the Government clean on-board ocean bills of lading to the specified point of destination;
(4) Be responsible for any loss of and/or damage to the goods occurring before delivery;
(5) At the Government's request and expense, provide certificates of origin, consular invoices, or any other documents issued in the country of origin or of shipment, or both, that may be required for importation into the country of destination; and
(6) Obtain and dispatch to the Government an insurance policy or certificate providing the amount and extent of marine insurance coverage specified in the contract or agreed upon by the Government Contracting Officer.
(End of Clause)
652.242-70 – CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)
a. The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
b. The COR for this contract is: Mr. Tahir Z. Yousaf, INL Procurement Supervisor, INL/ADMIN, INL-Pakistan, U.S. Embassy Islamabad
COR Duties – The COR is responsible for inspection and acceptance of services and review of contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.
(End of clause)
SENTION III – SOLICITATION PROVISIONS
Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items (Aug 2018)
Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors – Commercial Items (Jan 2017) is augmented as follows: Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.
DETAILED INSTRUCTIONS
(a) Each offer shall consist of the following electronic separate volumes:
Volume Description / Tittle
1 PRICE PROPOSAL:
Section I, Sub Section 2.1 through 2.5 - Supplies and Prices Section I, Sub Section 6 – Complete Warranty provisions Section I, Sub Section 14 - Place of Performance Section V – Completed Section Representations, Certifications and Other
Statements Of Offerors
2 TECHNICAL CAPABILITY
The proposed vehicle shall meet all of the minimum technical specifications set forth in Sub Section 4, Sub - Section 22 (Exhibit A) and the delivery terms contained herein. In addition, the offeror shall provide:
Section I, Sub-Section 5- Compliance with Specifications and Descriptive Literature
Section I, Sub Section 3.2 - Delivery Schedule:
o A delivery confirmation providing delivery within 120 calendar days of award to final destination.
Section I - Warranty:
o The offerors shall submit for the proposed vehicle model details of warranty provision available in Pakistan and complete information of the dealership(s) in Pakistan, where the warranty of the vehicles can be claimed
Section I, Sub-Section 7- After Sales Service Section I, Sub Section 15 - Authorized Point of contact Section I, Sub Section 16- Experience and Past Performance
PROVIDE PROOF OF SAM (System of Award Management)
PROPOSAL DUE DATE
The complete offer package shall be e-mailed to Ms. Nadja Reinmüller ReinmuellerNU@state.gov with a copy to FrankfurtRPSO@state.gov named on the subject “Proposal 19GE5020R0071”, no later than 15:00 hours C.E.T. July 21, 2020.
All documents shall be submitted in the Microsoft word or the Adobe pdf format and shall be named / numbered to appear in the e-mail(s) in the correct sequence. The limit per e-mail is 50MB.
Zipped files (.zip or .rar) are not permitted.
SUBMISSION OF QUESTIONS / REQUEST FOR CLARIFICATION
The offeror shall identify / explain / justify any deviations, exceptions, or conditional assumptions taken with respect to any of the instructions or requirements of this solicitation.
The offeror shall immediately report to the contracting officer any ambiguity in the solicitation.
Any prospective offeror who requires a clarification, explanation or interpretation of the requirements shall make a written request to the contracting officer no later than 15:00 German time on July 3, 2020. Offerors may rely ONLY upon written interpretations by the contracting officer.
COMMUNICATION CONCERNING SOLICITATION
Only the contract administrator shown in Section 15 or the Contracting Officer, may be contacted regarding this solicitation. Communication concerning this solicitation with any other Government personnel, including contractor support personnel, is prohibited unless specifically authorized elsewhere herein. If such contact occurs, the Offeror making such contact may be excluded from award consideration.
FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This contract incorporates one or more provisions 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 these address (es):
Referenced FAR provisions and clauses can be obtained from:
https://www.acquisition.gov/browse/index/far
Referenced DOSAR provisions and clauses can be obtained from:
http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40
(note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)
The following FAR solicitation provisions are incorporated by reference:
PROVISION TITLE DATE
52.204-7 System for Award Management (Oct 2018)
52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
52.209-7 Information Regarding Responsibility Matters OCT 2018
52.214-34 Submission of Offers in the English Language APR 1991
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification
(DEC 2012)
The following DOSAR provisions are provided in full text:
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)
(a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact:
(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.
(2) For all others, the Department of State Advocate for Competition at JamesSD@state.gov
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition.
The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern.
The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Sharon D. James, at (703) 875 5429, Email JamesSD@state.gov.
For an American Embassy or overseas post,…
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