FF Embassy Yaounde 2012 letter SF1449.doc

U.S. Embassy Yaounde

Avenue Rosa Parks

BP 817, Yaounde

12/12/2011 Dear Prospective Quoter:

Subject:

Request for Quotations number SCM800-12-Q-0001 Enclosed is a Request for Quotations (RFQ) for freight forwarding and clearance services. If you would like to submit a quotation, follow the instructions in Section 4 of the solicitation, complete the required portions of the attached document, and submit it to the following address:

Femi Akinyemi Contracting Officer

US Embassy Yaounde

BP 547, Yaounde

Please submit your quotation in a sealed envelope marked "Quotation Enclosed" to the above address. The deadline for receipt of quotations is 10:00 am local time, on 02/03/2012. No quotations will be accepted after this time.

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

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

Section 1, The Schedule Section 5, Representations and Certifications

Additional Information as required in Section 4.

Direct any questions regarding this solicitation in writing to Femi Akinyemi, Contracting Officer. Questions must be written in English and may be sent to fax number 22201503. You may also call 22201500 Ext 4642.

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

Sincerely, Femi Akinyemi

Contracting Officer Enclosure:

As Stated.

Tables of Contents Section 1 - The Schedule

· SF 18 or SF1449 cover sheet

· Continuation to SF1449, RFQ NUMBER SCM800-12-Q-0001, CLEARANCE AND FREIGHT FORWARDING SERVICES FOR THE U.S. EMBASSY YAOUNDE., Schedule of Supplies/Services, Block 20

· Attachment 1: Scope of Work

Section 2 - Contract Clauses

· Contract Clauses

· Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in Part 12

Section 3 - Solicitation Provisions

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR clauses not prescribed in Part 12

Section 4 - Evaluation Factors

· Evaluation Factors

· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12 Section 5 - Representations and Certifications

· Representations and Certifications

· Addendum to Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

Continuation to SF1449, RFQ NUMBER SCM800-12-Q-0001

SECTION 1 - THE SCHEDULE

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

CLEARANCE AND FREIGHT FORWARDING SERVICES

1.

PERFORMANCE WORK STATEMENT

For each year of the contract, the U.S. Government guarantees a minimum order of FCFA 5,000,000. The maximum amount for clearance and freight forwarding services each year of this contract will not exceed FCFA 50,000,000

Individual purchases shall be documented as follows:

-A written notification (task order).

2. PERIOD OF PERFORMANCE

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

1. PRICING.

The rates below shall include all direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to complete the work.

BASE PERIOD PRICES (12 MONTHS)

Unit of Rate per Estimated* Total Est.

Measure Unit Quantity Amount

(a) Freight Forwarding- Inbound

Transportation between:

(1) Douala Seaport /US Embassy Yaounde 20’ Container

(2) Douala Seaport/ US Embassy Yaounde 40’ Container

(3) Douala Seaport /US Embassy Bangui 20’ Container

(4) Douala Seaport /US Embassy Bangui 40’ Container

(5) Douala Seaport/US Embassy Ndjamena 20’ Container

(6) Douala Seaport/US Embassy Ndjamena 40’Container

(7) Douala Airport/ Douala Embassy Branch Office Trip

(8) Yaounde Airport/ US Embassy Yaounde Trip

(b) Freight Forwarding- Outbound

Transportation between:

(1) Douala /Baltimore

20’Container

(2) Douala Seaport/Baltimore

40’Container

(3) Douala/Antwerp

(4) Douala/Antwerp

40’Container

(c) Handling and clearance fees

(1) Douala Seaport

(2) Douala Seaport

(3) Yaounde Airport Kg

1,248

(4) Douala Airport Kg 1,248

(5) Clearance in Chad 20’Container

(6) Clearance in Chad 40’Container

(7) Clearance in CAR 40’Container

(8) Clearance in CAR 20’Container

(9) Storage of 20’ Container day

(10) Storage of 40’ Container

TOTAL: _________________________

*This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

FIRST OPTION YEAR PRICES (12 MONTHS)

Unit of Rate per Estimated* Total Est.

Measure Unit Quantity Amount

(a) Freight Forwarding- Inbound

Transportation between:

(1) Douala Seaport /US Embassy Yaounde 20’ Container

(2) Douala Seaport/ US Embassy Yaounde 40’ Container

(3) Douala Seaport /US Embassy Bangui 20’ Container

(4) Douala Seaport /US Embassy Bangui 40’ Container

(5) Douala Seaport/US Embassy Ndjamena 20’ Container

(6) Douala Seaport/US Embassy Ndjamena 40’Container

(7) Douala Airport/ Douala Embassy Branch Office Trip

(8) Yaounde Airport/ US Embassy Yaounde Trip

(b) Freight Forwarding- Outbound

(2) Douala Seaport/Baltimore

40’Container

(c)

(3) Yaounde Airport Kg

1,248

(4) Douala Airport Kg 1,248

(5) Clearance in Chad 20’Container

(6) Clearance in Chad 40’Container

(7) Clearance in CAR 40’Container

(8) Clearance in CAR 20’Container

SECOND OPTION YEAR PRICES

Unit of Rate per Estimated* Total Est.

Measure Unit Quantity Amount

(a) Freight Forwarding- Inbound

Transportation between:

(1) Douala Seaport /US Embassy Yaounde 20’ Container

(2) Douala Seaport/ US Embassy Yaounde 40’ Container

(3) Douala Seaport /US Embassy Bangui 20’ Container

(4) Douala Seaport /US Embassy Bangui 40’ Container

(5) Douala Seaport/US Embassy Ndjamena 20’ Container

(6) Douala Seaport/US Embassy Ndjamena 40’Container

(7) Douala Airport/ Douala Embassy Branch Office Trip

(8) Yaounde Airport/ US Embassy Yaounde Trip

(b) Freight Forwarding- Outbound

(2) Douala Seaport/Baltimore

40’Container

(c)

(3) Yaounde Airport Kg

1,248

(4) Douala Airport Kg 1,248

(5) Clearance in Chad 20’Container

(6) Clearance in Chad 40’Container

(7) Clearance in CAR 40’Container

(8) Clearance in CAR 20’Container

*This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

THIRD OPTION YEAR PRICES

Unit of Rate per Estimated* Total Est.

Measure Unit Quantity Amount

(a) Freight Forwarding- Inbound

Transportation between:

(1) Douala Seaport /US Embassy Yaounde 20’ Container

(2) Douala Seaport/ US Embassy Yaounde 40’ Container

(3) Douala Seaport /US Embassy Bangui 20’ Container

(4) Douala Seaport /US Embassy Bangui 40’ Container

(5) Douala Seaport/US Embassy Ndjamena 20’ Container

(6) Douala Seaport/US Embassy Ndjamena 40’Container

(7) Douala Airport/ Douala Embassy Branch Office Trip

(8) Yaounde Airport/ US Embassy Yaounde Trip

(b) Freight Forwarding- Outbound

(2) Douala Seaport/Baltimore

40’Container

(c)

(3) Yaounde Airport Kg

1,248

(4) Douala Airport Kg 1,248

(5) Clearance in Chad 20’Container

(6) Clearance in Chad 40’Container

(7) Clearance in CAR 40’Container

(8) Clearance in CAR 20’Container

*This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

FOURTH OPTION YEAR PRICES

Unit of Rate per Estimated* Total Est.

Measure Unit Quantity Amount

(a) Freight Forwarding- Inbound

Transportation between:

(1) Douala Seaport /US Embassy Yaounde 20’ Container

(2) Douala Seaport/ US Embassy Yaounde 40’ Container

(3) Douala Seaport /US Embassy Bangui 20’ Container

(4) Douala Seaport /US Embassy Bangui 40’ Container

(5) Douala Seaport/US Embassy Ndjamena 20’ Container

(6) Douala Seaport/US Embassy Ndjamena 40’ Container

(7) Douala Airport/ Douala Embassy Branch Office Trip

(8) Yaounde Airport/ US Embassy Yaounde Trip

(b) Freight Forwarding- Outbound

(2) Douala Seaport/Baltimore

40’Container

(c)

(3) Yaounde Airport Kg

1,248

(4) Douala Airport Kg 1,248

(5) Clearance in Chad 20’Container

(6) Clearance in Chad 40’Container

(7) Clearance in CAR 40’Container

(8) Clearance in CAR 20’Container

*This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

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

2. ORDERS.

All requests for shipments or performance of individual jobs under this contract shall be issued via an order placed by the Contracting Officer. This task order will contain the following information:

(a) Name of contractor

(b) Contract number

(c) Date of purchase

(d) Purchase number

(e) Name of person placing order

(f) Itemized list of shipment and services furnished

(g) Quantity, unit price, and total price of each item or service, less applicable discounts

No work shall be performed without an order being issued to the contractor by the Contracting Officer.”

(1) As the need for services arises, the Government will develop a price estimate. If the estimate does not exceed US$3,000, the Government will follow the procedures in paragraph (2) below. If the estimate exceeds US$3,000, the Government will follow the procedures in paragraph (3) below.

(2) Orders not exceeding US$3,000 - The Government will select a contractor for issuance of the order. This decision will be based on the Government's best interests, which may include factors such as estimated price and past performance record.

(3) Orders exceeding US$3,000 - Unless one of the exceptions in paragraph (5) below applies, the Government will follow one of the following two scenarios:

(a) The Government will request each contractor to perform, AT NO COST TO THE GOVERNMENT, a pre-shipment survey after which the contractor will present an estimate to the Government. Whether or not the contractor is selected for an individual order, the Government shall not be liable for any claim from the Contractor for the costs of performing the pre-shipment survey. Selection will be based on a combination of estimated price and past performance information; or

(b) If the Contracting Officer can establish which Contractor’s prices will result in the lowest price for the individual order without requesting a pre-shipment survey, the Government will make its award selection based upon the prices set forth in the contract and past performance information gained as a result of contractor performance under this contract.

(4) Regardless of whether the procedures in paragraph (2) or (3) above were followed, selection of contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. However, the Department of State does have an Acquisition Ombudsman who will review complaints by contractors to ensure that all contractors are afforded a fair opportunity to be considered for these task orders, pursuant to the procedures for award of task orders established herein.

(5) Exceptions to the procedures in paragraph (3) above:

The agency need for the required services is of such urgency that providing such competitive opportunity would result in unacceptable delays;

The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(c) It is necessary to place an order to satisfy a minimum guarantee.

3. DELIVERY SCHEDULE

The following items shall be delivered under this contract.

Description

Quantity Delivery Date

Deliver To:

Written Estimate

Upon COR Request

COR

(if required)

Notification of

Immediately upon

COR

Completion of Services completion of required services

Delivery Receipt

Upon completion of copy to COR delivery

Clear and remove shipment

Within ten days

COR

4.

INVOICES AND PAYMENT.

Individual invoices shall be submitted for each order, accompanied by the task order. Invoices shall be submitted in an original and three (3) copies to the Contracting' Officer's Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):

American Embassy

B.P. 817

Yaounde, Cameroon.

(b) An acceptable invoice containing expenditures for international air and sea shipments on foreign flag air carriers or vessels shall include the appropriate certificate or waiver for a US carrier. The Government will disallow expenditures for international air on foreign flag air carriers unless the appropriate certificate or waiver is attached to invoices. The certification used in clause 52.247-63, Preference for U.S.-Flag Air Carriers, satisfies the justification requirement.

(c) The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

5.

Reserved

6.

KEY PERSONNEL.

The Contractor shall assign to this contract the following key personnel.

Position/Function Name

Project Manager *

The Project Manager shall be fluent in the English language. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

7.

PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (LIABILITY)

The Contractor hereby assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage or losses suffered due to negligence of the Contractor's personnel in the performance of the services under this contract.

8.

INSURANCE

The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary.

9.

BONDING OF EMPLOYEES

The Government imposes no bonding requirement on this contract. The contractor shall provide any official bonds required, pay any fees or costs involved or related to equipping of any employees engaged in providing services under this contract, if legally required by the local government or local practice.

10.

PERMITS

At no cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT CONTINUATION

FREIGHT FORWARDING

1.

GENERAL. The contractor shall provide services for the United States Mission, in Yaounde, Cameroon. This consists of clearance, freight handling and forwarding, cargo storage, customs clearance and other related services that apply to shipments originating from, consigned to, routed through, and/or moved within the geographic area(s) of Douala, Yaounde, Bangui, Ndjamena Antwerp and Baltimore. A request for quotation will be made for areas not covered by this contract.

The contractor shall furnish all managerial, administrative, direct labor personnel, materials and transportation that are necessary to accomplish all work required. Performance requirements for required work are described below.

2.

DEFINITIONS.

"Article" means one item, piece, or package and contents thereof received by the contractor as listed on the inventory. It can be household effects, professional books, papers and equipment, privately owned vehicles, or general effects included in a shipment.

"Calendar Day" means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.

"Cargo" means any items consigned to the contractor under this contract for inbound or outbound shipment, whether consisting of household effects or U.S. Government-owned materials.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section 2 of this contract/purchase order.

3.

FREIGHT HANDLING.

The contractor shall act on behalf of the Government on any selected incoming and outgoing Government cargo that may be assigned to the contractor under this contract, including the effecting of necessary transport of Government cargo as specified. The contractor accepts full responsibility for any and all losses and/or damage, from the time such cargo is received into the hands of the contractor until it is released into the custody of the Government as evidenced by a signed receipt. The contractor further agrees that in any instance involving loss or damage to the Government cargo, where the contractor fails to exercise reasonable diligence, the contractor shall assume full responsibility for such losses or damage including payment of claims for such losses or damage.

The Contractor shall transport all incoming and outgoing Government cargo handled under the contract transiting commercial facilities at the Douala seaport and airport or Yaounde Airport to the final destination in as designated, including off-loading from the contractor's vehicle, as specified by the COR unless otherwise directed by the COR in writing to the contractor.

The Contractor shall not place cargo in any warehouse at Government expense without prior approval of the COR.

The Contractor shall ensure that all incoming and outgoing Government cargo handled under the contract transiting commercial facilities at the Douala sea port and airport and Yaounde airport are accomplished in a manner so as to eliminate delays and accrual of demurrage charges. Demurrage costs accrued under this contract shall be reimbursed by the contractor unless otherwise specified by the COR.

4.

CONTRACTOR RESPONSIBILITIES.

The contractor is responsible for strict adherence to all instructions and quality requirements stated in this contract and shall provide the appropriate management effort to ensure that all services are performed.

Work Skills and Experience. The contractor shall ensure that all personnel assigned to this contract possess the skills and experience necessary for accomplishing their individual tasks.

English Language Qualifications. Each Team Leader must possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position. The remaining staff must be able to follow simple instructions in English, and must be able to completely understand the instructions of the Team Leader.

The contractor's employees shall not at any time:

Smoke in the client's facility or residence;

Arrive at the facility or residence under the influence of drugs or alcohol, or even with alcohol on the breath;

(c) Drink alcoholic beverages on the job, even if offered;

(d) Use the client's bathroom or towels without permission;

(e) Engage in prolonged discussion or argument regarding the job;

(f) Perform any work for the client not specified in this contract; or

(g) Request or accept any articles or currency as a gratuity from the client for work performed under this contract.

5.

NOTIFICATION OF COMPLETION OF SERVICES.

As soon as the required services for outgoing cargo shipments are completed, the contractor shall notify the COR and provide the following information:

a. Ultimate destination of shipment b.

Bill of Lading or Airbill number assigned to the shipment.

The contractor shall obtain a proper receipt from the carrier or its agent at the time the container is delivered to the carrier or facility by the contractor.

The contractor shall notify the COR in writing if and why any shipment cannot be delivered to the port of embarkation by the date specified. Failure to provide this notice before the latest delivery to the pier may subject the contractor to any Liquidated Damages to be paid by the contractor to the carrier.

6. Obtaining Delivery Receipt.

The contractor shall obtain a delivery receipt in duplicate signed by the client or his/her authorized agent upon completion of the delivery. The Contractor shall retain the original of this receipt and submit the remaining copy with the invoice for payment.

7.

VEHICLES.

The contractor shall provide all vehicles necessary for the performance of this contract. The contractor shall provide all fuel and lubricants for the vehicles. The contractor shall maintain its vehicles in the proper mechanical condition to assure their full availability when needed, and to assure that shipments are reliably and safely transported from the residence to the appropriate staging area. If the contractor encounters mechanical difficulties that prevent the scheduled completion of a scheduled pick-up, the contractor shall immediately obtain a suitable substitute vehicle at no additional cost to the Government. Non-availability of suitable vehicles shall not constitute acceptable justification for late pickup or delivery, or for additional costs to the Government.

8.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP).

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all clearance and freight forwarding services set forth in the scope of work.

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

Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items, if any of the services fail to meet the standard.

PROCEDURES.

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

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

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

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

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

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

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

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

SECTION 2

CONTRACT CLAUSES

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JUN 2010), is incorporated by reference. (See SF-1449, block 27a).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (AUG 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved]

__ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (16) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

__ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ X_(25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

__ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (33)(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.)

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

_X_ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (40) 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).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

_X_ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

_X_ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(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.

(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:

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

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

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

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

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

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

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

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

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

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

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

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

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 this/these address(es):

http://acquisition.gov/far/index.html/ or, http://farsite.hill.af.mil/search.htm These addresses are subject to change. IF the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use of a network "search engine" (e.g., Yahoo, Infoseek, Alta Vista, etc.) is suggested to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.204-9 Personal Identification Verification of Contractor Personnel (JAN 2011)

52.225-14 Inconsistency Between English Version and Translation of Contract (FEB 2000)

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (APR 1984)

52.228-5 Insurance Work on a Government Installation (JAN 1997)

52.237-3 Continuity of Services (JAN 1991)

52.247-5 Familiarization with Conditions (APR 1984)

52.247-7 Freight Excluded (APR 1984)

52.247-10 Net Weight - General Freight (APR 1984)

52.247-11 Net Weight - Household Goods or Office Furniture (APR 1984)

52.247-12 Supervision, Labor, or Materials (APR 1984)

52.247-13 Accessorial Services – Moving Contracts (APR 1984)

52.247-14 Contractor Responsibility for Receipt of Shipment (APR 1984)

52.247-15 Contractor Responsibility for Loading and Unloading (APR 1984)

52.247-16 Contractor Responsibility for Returning Undeliverable Freight (APR 1984)

52.247-17 Charges (APR 1984)

52.247-18 Multiple Shipments (APR 1984)

52.247-21 Contractor Liability for Personal Injury and/or Property Damage (APR 1984)

52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than

Household Goods (APR 1984)

52.247-27 Contract Not Affected by Oral Agreement (APR 1984)

52.247-28 Contractor’s Invoices (APR 1984)

52.247-63 Preference for U.S.-Flag Air Carriers (JAN 1997)

52.248-1 Value Engineering (FEB 2000)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised. See Section 1, clause 2.

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

(c) If mailed, a 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.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than FCFA 50,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of FCFA 50,000,000

(2) Any order for a combination of items in excess of FCFA 50,000,000; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(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 one year beyond the contract’s effective period.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. 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 the performance period of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(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 sixty months (five years)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. 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 of the current calendar year, 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.

52.247-23 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO HOUSEHOLD GOODS (JAN 1991) (DEVIATION)

(a) Except when loss and/or damage arise out of causes beyond the control and without the fault or negligence of the Contractor, the Contractor shall be liable to the owner for the loss of and/or damage to any article while being-

Packed, picked up, loaded, transported, delivered, unloaded, or unpacked;

(2) Stored in transit; or

Serviced (appliances, etc.) by a third person hired by the Contractor to perform the servicing.

(b) The Contractor shall be liable for loss and/or damage discovered by the owner if written notice of such loss and/or damage is dispatched to the Contractor not later than 75 days following the date of delivery.

The Contractor shall indemnify the owner of the goods at a rate of $5.00 per pound (or metric equivalent in local currency) based on the total net weight.”

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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.

The use in this solicitation or contract of any DOSAR (CFR 48 Ch.6) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

The following DOSAR clauses are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(end of clause)

652.216-70

ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

The Government shall use one of the following forms to issue orders under this contract:

(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or,

(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet.

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004)

All work shall be performed during Embassy working hours except for the holidays identified below. Other hours may be approved by the Contracting Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above.

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

New Year's Day

Martin Luther King's Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

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

When any such day falls on a Saturday or 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.

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 Shipping Supervisor.

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

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.