FE Solict.docx

SECTION B – SUPPLIES AND SERVICES

B.1. SUPPLIES OR SERVICES

B.1.1. The U.S. Department of State, Bureau of Overseas Building Operations requires Fire Extinguishers in U.S. Diplomatic Mission buildings located overseas.

B.1.2. The Contractor shall provide professional supplies on a Firm Fixed-Price Task Order basis. In establishing the fixed price for individual Task Orders, the rates for the required supplies shall be in accordance with the fixed fully burdened rates listed below..

B.2. CONTRACT TYPE

B.2.1. This contract is an Indefinite Delivery, Indefinite Quantity contract containing fixed price rates payable entirely in U.S. currency. The term of the contract is one year, with four one-year options to renew, under the same terms and conditions as the base year. No additional sums will be payable on account of any escalation 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. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.2.2. Payments based on quantities and unit prices will be made only to the extent specifically provided in the contract Task Order.

B.3. MINIMUM AND MAXIMUM CONTRACT QUANTITIES – INDEFINITE QUANTITIY CONTRACT

(a) In accordance with the FAR 52.216-22, “Indefinite Quantity”, the minimum for this quantity contract shall be as set forth below. If this contract contains options, the minimum for each option shall apply separately and independently to that option.

Base Year $5,000

(b) The maximum for this indefinite quantity-contract (including options) shall be any quantity of supplies equal $11,000,000.

B.4 CONTRACTOR PERFORMANCE

See Section F for deliveries and performance.

B.5. PRICES/COSTS

B.5.1. The fully burdened rates listed below have been established for this contract. These rates are the maximum rates allowable under the contract. During Task Order proposal submission, the Contractor may propose at a rate less than the following rates.

B.5.2 The quantities are estimates only. The Contractor shall be paid for actual quantities as indicated by Task Order for each CLIN.

B.5.2.1 BASE YEAR

B.5.2.2 OPTION YEAR ONE

B.5.2.3 OPTION YEAR TWO

B.5.2.4 OPTION YEAR THREE

B.5.2.5 OPTION YEAR FOUR

B.5.2.6 GRAND SUMMARY BASE YEAR AND FOUR (4) OPTION YEARS (Estimates)

Base Year US$____________

Option Year One US$____________

Option Year Two US$____________

Option Year Three US$____________

Option Year Four US$____________

TOTAL BASE + 4 OPTION YEARS US$____________

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation No. SAQMMA12R0112 Page 36

SECTION C: PERFORMANCE WORK STATEMENT (PWS)

The US Department of State, Bureau of Overseas Building Operations, require Fire Extinguishers in U.S. Diplomatic Mission buildings located overseas.

TYPE: Industrial grade external expellant gas cartridge operated portable fire extinguisher in ten (l0lb) pound (4.54KG) size but not to exceed 10.65LB (4.83KG); and with mono-ammonium phosphate based dry chemical extinguishing agent rated for use on Class A (wood, paper, cloth), Class B (flammable liquids and gases), and Class C (electrical) fires. The agent must be free-flowing, water repellant, non-abrasive, and produce no toxic effects.

CONFIGURATION: A corrosion and impact resistant steel main canister painted with red paint. An external noncombustible gas expellant cartridge with size designation clearly marked on the body of the cartridge and a protective cover attached to the side of the main canister. A stainless-steel actuating lever to activate the pressure cartridge and a steel gas tube inside the main canister with two rubber check valves clamped in place to fluidize the dry chemical agent. Cap is corrosive resistant metal with machined grooves perpendicular to the threads to provide for release of internal pressure from the main canister during removal. Discharge Hose is ethylene propylene diamine (rubber) with corrosion resistant metal couplings and discharge nozzle.

DIMENSIONS: Extinguishers must not exceed the following maximum dimensions:

Height: 18 ¼” (46.36cm) Width: 9 ½” (24. 13cm) Depth: 5 ¼” (13.3cm)

OPERATION: Extinguisher activation and operation actions limited to (1) removal of safety seal and/or ring pin (2) puncture of the external pressure cartridge to pressurize the main canister and (3) operation of the discharge nozzle.

APPROVALS and RATINGS: Extinguishers shall meet or exceed the approvals of Underwriters Laboratories (U.L.) 4-A:40-B:C; Underwriters Laboratories Canada (U.L.C.), 3-A:40-B:C; and the United States Coast Guard Classification Type A, Size II Type B:C, Size I.

INSPECTION CAPABILITY: Extinguishers shall be designed and constructed to allow complete visual inspection of all internal and external components by disassembly without the need for special knowledge or tools.

NOTE: The extinguisher unit must have steel internal parts (gas tube) and metal actuating parts that can be disassembled for security inspections and can be reassembled to put the unit back in full-service operation in a field environment.

OPERATING INSTRUCTIONS: Complete and concise extinguisher operating instructions shall be clearly displayed in English with visual pictograms illustrating the symbols for Class A, Class B, and Class C fire ratings on the front of the main canister of the extinguisher. Complete after use maintenance instructions and agent identification shall appear on a placard on the rear of the extinguisher in English. Printed warranty, operating and maintenance information, a wall mounting bracket and an inspection tag shall be provided with each unit.

MAINTENANCE: Extinguishers shall be designed to allow for field recharging without the requirement for special tools or servicing equipment.

OPERATIONAL READINESS: Extinguishers shall be delivered fully charged with all necessary components to be fully operational with breakaway seals in place.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK FOR U.S. DEPARTMENT OF STATE STANDARD "EXPELLANT GAS CARTRIDGE FOR THE 10lb (4.54 KG) ABC DRY CHEMICAL FIRE EXTINGUISHER"

TYPE: A spun steal cylinder that is sealed with a brass seal assembly and utilizing a copper seal that provides visual determination of the cartridge condition charged versus discharged. The cartridge seal shall have a safe rupture pressure range of 4050 to 4500 psi and shall contain a noncombustible gas.

CONFIGURATION OF CARTIDGE ON EXTINGUISHER UNIT: The cartridge shall be capable of removal by hand without the need for tools and shall have the appropriate size (weight) designation clearly marked on the body of the cartridge.

EXPELLANT CARTRIDGE DIMENSIONS: Cartridges must not exceed the following maximum dimensions:

Height: 6 1/8" Width & Depth: 1 ½"

APPROVALS: Cartridges shall meet or exceed the approvals of Underwriters Laboratories (U.L.) or Underwriters Laboratories Canada (U.L.C).

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK FOR U.S. DEPARTMENT OF STATE STANDARD "ABC DRY CHEMICAL EXTINGUISHING AGENT'' TYPE: A dry powder chemical that is capable of combating fires in ordinary combustible materials (Class A), as well as fires in flammable liquids and gases (Class B), and fires involving electrical equipment. (Class C). Extinguishing agent shall have effectiveness in combating combination fires (Class A and B) together and Class A fires at freezing temperatures.

CHEMICAL CONFIGURATION OF EXTINGUISHING AGENT: Agent shall be a mono-ammonium phosphate based dry chemical containing other chemical additives for a free-flowing, water repellant, and non- abrasive fire extinguishing agent that produces no toxic effects. SPECIAL

NOTE: Fire extinguishers that utilize this extinguishing agent shall not be mixed with a bicarbonate based dry chemical due to a chemical reaction that is harmful to the unit will take place.

APPROVALS: Agent shall meet or exceed the approvals of Underwriters Laboratories (U.L.) or Underwriters Laboratories Canada (U.L.C.).

PACKAGING AND SHIPPING REQUIREMENTS

PACKAGING: Each extinguisher shall be individually packaged in sturdy packaging designed to withstand International shipping and handling without damage. Crates, pallets, and packages shall be labeled with appropriate Hazardous Material labels and with a label that states: United States Embassy (or Consulate) "Diplomatic Cargo".

SHIPPING: Items shall be shipped by surface means only to the Embassy/Consulate/Mission assigned on each order request form. Shipping shall be performed within the most economic commercial practices unless prior approval is given by the Contracting Officer's Representative or Contracting Officer. Cost of shipment shall vary with destination and number of units required for shipment. Shipments to any domestic location shall be at the contractor’s own expense. However, the contractor shall be reimbursed for shipments to international locations (e.g. Embassies/Consulates/Missions). The contractor shall be responsible for coordinating all shipments with subcontractors they obtained and with any foreign freight companies that are procured by subcontractors to get the shipment to the designated Embassy/ Consulate/ Mission.

DOCUMENTATION: The contractor shall be required to provide a "Certified Hazardous Materials Document Specialist" (CHMDS) with the following training & testing certifications:

The CHMDS shall be responsible for preparing and certifying the following documents for each shipment.

Material Data Safety Sheets (MSDS) Hazardous Declarations, Multimodal Dangerous Goods Form AMSA 250 (10.0) Commercial Invoice Packing List Certificates of Country of Origin (Southeast Asia, Middle East and the Pacific Rim countries and territories) Bills of Lading Shippers Letter of Instructions for filing with US Customs.

DELIVERY SCHEDULE

The contractor is required to deliver equipment to the Embassy/Consulate/Mission within 140 calendar days from receiving an order request form.

All shipping documents must be forwarded from the contractor or freight forwarder to the representative(s) listed on the order request form and to the Dept. of State, P.O.C., Logistics Management specialist, by e-mail within thirty (30) business days of each shipment.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1 MATERIALS SHIPPING ADDRESS

All unclassified data shall be prepared for shipment in accordance with best commercial practices.

D.2 DOCUMENTATION OF SHIPMENTS

The Contractor shall submit the documentation required by contract clauses 52.247-63, Preference for U.S.-Flag Air Carriers (Jan 1997), and 52.247-64, Preference For Privately Owned U.S.-Flag Commercial Vessels (June 2000) as follows: one legible copy of a rated on-board ocean bill of lading for each shipment to both (i) The COR and (ii) the Division of National Cargo, Office of Market Development, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590. All subcontractor bills of lading shall be submitted through the Contractor

D.3 DISPATCH AGENTS

The Government encourages the Contractor to contact the appropriate U.S. Department of State Dispatch Agent, the names and telephone numbers of whom are available from the Contracting Officer, when obtaining shipping estimates. The Dispatch Agent may be able to assist both U.S. and foreign firms in obtaining the most competitive rates for ocean or air transportation. The Government shall not be responsible for any delays in transportation resulting from use of a carrier recommended by the Dispatch Agent.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1. 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 46.312)

E.2. SUBSTANTIAL COMPLETION

E.2.1. Definitions.

E.2.1.1. "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer's Representative in writing to the Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the Contract Documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which (1) do not interfere with the intended occupancy or utilization of the work, and (2) can be completed or corrected within the time period required for final completion.

E.2.1.2. The "date of substantial completion" means the dated determined by the Contracting Officer or Contracting Officer's Representative on which substantial completion of the work has been achieved.

E.2.2. Use and Possession upon Substantial Completion The Government shall have the right to take possession of and use the work upon substantial completion thereof. Upon notice by the Contractor that the work is substantially complete and verification thereof on the basis of an inspection by the Contracting Officer (CO) or Contracting Officer's Representative (COR) and any required tests, the CO or COR shall furnish the Contractor a Certificate of Substantial Completion, accompanied by the Schedule of Defects enumerating items of work remaining to be performed, completed or corrected before final completion and acceptance. However, failure of the CO or COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed as acceptance of any work under the contract.

E.3 EARLY OR INTERIM POSSESSION AND USE

E.3.1. Right To Take Possession And Use. The Government shall have the right to take possession of and use any completed or partially completed part of the work prior to substantial completion, upon notice to the Contractor, and may thereafter return possession to the Contractor. Before taking possession of or using any work, the COR shall furnish the Contractor a list of items of work remaining to be performed, completed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's early or interim possession or use prior to substantial completion shall not be deemed an acceptance of any work under the contract.

E.3.2. Responsibility for loss or damage. While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities".

E.3.3. Equitable adjustments. If early or interim possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the Contract Price or the Contract Time, and the contract shall be modified in writing accordingly.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

FAR SOURCE TITLE, DATE & TASK ORDERS REFERENCE

F.1 52.211-10 I COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (OCT 2019)

F.2 52.211-13 TIME EXTENSIONS (OCT 2013) (Reference 11.503)

F.3 52.242-14 SUSPENSION OF WORK SEPT 2019) (Reference 42.1305)

F.4 PERIOD OF PERFORMANCE The term of the contract is one (1) base year with exercisable four (4) 12-month option periods. Task Orders awarded during the term of the contract with performance periods that extend beyond the term of the contract will continue to completion of all required tasks.

END OF SECTION F

SECTION G – CONTRACT ADMONISTRATION DATA

G.1 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)(AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract.

(a) above assumes the Contractor will be paid in full amount upon completion of all contractual requirements.

(b) no progress or partial payments will be made

(c) Invoice Submission. Invoices shall be submitted in an original and 2 copies (See the SF 1442 Block 27) to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or Block 18b of the SF-1449. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, "Prompt Payment" (Feb 2002).

(d) Contractor Remittance Address. Payments shall be made to the Contractor's address as specified on the cover page of this contract, unless a separate remittance address is specified below: ______________________________________________________________________ _______________________________________________________________________

(End of clause)

G.2 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and 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 is TBD.

(End of clause)

G.3 AUTHORITY OF 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 a OBO Project Director.

G.4 TASK ORDERS

G.4.1. Task Order Proposal Requests shall be issued in writing to the Contractor by the Contracting Officer and will describe the specific work requirements. A Task Order Proposal Request is a request for proposal only; it is not a Task Order and does not authorize performance.

G.4.2. Each Task Order Proposal Request shall include:

G.4.2.1. A description of the work to be performed.

G.4.2.2. The estimated period of performance or required completion date.

G.4.6. Issuance of a Task Order for any site surveyed does not imply or obligate the Government to issue a Task Order for any design or execution of the said project. Task Orders may be issued for any one or combination of the phases.

G.5 INVOICING.

G.5.1. RM/FM will log in the invoice and give it to the COR who shall determine if the billed services have been satisfactorily performed and if reimbursable expenses billed are correct. If it is determined that the amount billed is incorrect, the COR, will approve undisputed portion of the invoice and notify Contractor in writing.

G.5.2. Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

END OF SECTION G

SECTION H – SEPCIAL CONTRACT REQUIREMENTS

H.1 Defense Base Act (DBA) Insurance: DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any services for U. S. overseas on contracts over US$3,500.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working outside the United States. (See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker. New DBA insurances policies can be purchased directly from any DOL (Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

H.2 DOSAR 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)

(a) The Department of State observes the following days as holidays:

Other holidays and local country holidays will be identified in the Project Specification.

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned Contractor personnel in Government facilities shall also be dismissed. However, the Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the Contractor is compensated for services provided.

(e) If administrative leave is granted to Contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the Contractor. The cost of salaries and wages to the Contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the Contractor's accounting policy.

H.3 INSURANCE

H.3.1. Amount of Insurance.

H.3.1.1. The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

H.3.1.2. General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent Contractors, broad form property damage, personal injury).

H.3.1.3. The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

H.3.2. LIMITED ACCESS TO GOVERNMENT SUPPORT FACILITIES

H.3.2.1. Medical Facilities. The Contractor shall provide its employees adequate coverage for medical/health care and insurance assuring treatment in non-Government medical facilities overseas, including provision for medical evacuation from abroad in the event of serious illness or injury.

H.3.2.2. Sale and Service Facilities. Contractor employees will generally not be able to utilize military commissaries, exchanges, or Class VI stores. Unless prohibited by host country regulations or agreements and local post or local APO/FPO restrictions, Contractor personnel may have access to a post's commissary and APO/FPO mail facilities. Contractor employees may be required by the post to become a member of the post’s commissary; this is a personal expense not reimbursed under the contract.

H.3.3. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

H.3.4. The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.3.5. Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

H.3.6. Insurance-Related Disputes. Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided. 0

H.3.7. Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after Task Order award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.4 LAWS AND REGULATIONS

H.4.1. The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

H.4.2. Labor, Health and Safety Laws and Customs. The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

H.4.3. Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

H.4.4. Evidence of Compliance. Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer.

H.5 RESPONSIBILITY OF CONTRACTOR

H.5.1. Damage to Persons or Property. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.5.2. Responsibility for Work Performed. The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract.

H.5.3. Responsibility of the Contractor. It is the responsibility of the Prime Contractor to review and approve all submittals initiated by their respective subcontractors. Any submittal received by the Government for review and approval that has not been first reviewed and approved by the Prime Contractor may be summarily rejected without discussion.

H.6 652.236-70 ACCIDENT PREVENTION (AUG 1999)

Reference Contract Clause 52.236-13, ACCIDENT PREVENTION (NOV 1991)

H.6.1. General. The Contractor shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; avoid interruptions of Government operations and delays in project completion dates; and, control costs in the performance of this contract. For these purposes, the Contractor shall:

H.7 SPECIAL WARRANTIES

H.7.1. Special Warranty Obligations. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

H.7.2. Warranty information. The Contractor shall obtain and furnish to the Government all information which is required in order to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective, and shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit requirements specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

H.8 652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (Aug 1999)

END OF SECTION H

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE SEPT 2019)

This solicitation incorporates one or more solicitation 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:

CLAUSES INCORPORATED BY REFERENCE

(SEPT 2019)

(MAY 2020)

(OCT 2019)

I.2 DEPARTMENT OF STATE AQUISITION REGULATION (48 CFR CHAPTER 6) CLAUSES

SOURCE TITLE AND DATE

652.216-70 ORDERING--INDEFINITE-DELIVERY CONTRACT (JUNE 2008)

652.219-73 MENTOR REQUIREMENTS AND EVALUATION (APR 2004)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

I.3 52.216-18 ORDERING (SEPT 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

I.4 52.216-22 INDEFINITE QUANTITY (SEPT 2019)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

I.5 52.217-5 Evaluation of Options (FEB 2015).

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 2019)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (SEPT 2019)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the 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 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 six (6) months.

(End of clause)

I.8 52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JULY 2014)

(a) The Contractor shall--

(1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;

(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and

(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.

(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies

(End of clause)

I.9 52.232-18 AVAILABILITY OF FUNDS (SEPT 2019)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

I.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (SEPT 2019)

Funds are not presently available for performance under this contract beyond September 30, 2009. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2025 until funds are made available to the contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

I.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (SEPT 2019)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DOS (48 CFR DOS clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.12 652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale,…