Dublin_School_Bus_Solicitation_2016_.pdf

TABLE OF CONTENTS

Section 1 - The Schedule

SF 18 or SF 1449 cover sheet

Continuation To SF-1449, RFQ Number SEI300-13-Q-0020, Prices, Block 23

Continuation To SF-1449, RFQ Number SEI300-13-Q-0020, Schedule of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Statement of Work, Government Furnished

Property

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 Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part

Section 5 - Representations and Certifications

Offeror Representations and Certifications

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

SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER SEI300-16-Q-0020

PRICES, BLOCK 23

1.0 SCOPE OF SERVICES.

1.1 Scope. The Contractor shall provide standard (regular school and after school programs) and additional or emergency school bus services, exclusive to dependents of the

U.S. Government employees with the U.S. Embassy in Dublin, in accordance with the

Statement of Work in this contract. Round trip transportation services will be provided for up to 25 school-going children on a daily basis starting from their homes in the Dublin 4 area and going to St. Andrew’s College, Booterstown Avenue, Blackrock, Co. Dublin Please note, we expect the following demographics for the coming school term (Fall 2016):

– Twenty One (21) students for St. Andrew’s College.

Services will be for the period beginning August 22, 2016 – and ending at School Summer break, on or about June 9, 2017, with adjustments made based on student population and actual schooldays.

A. Outbound Journey:

Students are to be picked up at their homes and delivered to schools in a timely manner each morning, as per the following:

St. Andrew’s College

Students to be at school by 0835 each school day. Please note, all junior school students must be delivered personally by the bus driver to their classroom (or other pre-arranged location on the school grounds) each morning.

B. Return Journey:

Students are to be picked up at school as follows:

St. Andrew’s College

Students to be picked up from school at either 1500, 1600 or 1730, as required

On Wednesday, students are to be picked up from the school at 1300 and 1400.

Please note, all junior school students must be picked-up personally by the bus driver from their classroom (or other pre-arranged location on the school grounds) each afternoon.

Note: No student should be on the bus in excess of 75 minutes each way.

The successful bidder will be required to provide to the U.S. Embassy a list of current

Garda-cleared drivers dedicated to performing under this contract. Garda clearances are to be valid for the duration of the contract period. Said drivers may be subject to a further security background check by the Embassy. The successful bidder must use the same cleared driver for each run throughout the term of this contract, except as noted in the Note paragraph below. The successful bidder must provide the U.S. Embassy on an annual basis with copies of: 1) Public Service Vehicle license and 2) Road Worthiness documentation for all vehicles used.

Drivers must ensure that all students have correctly affixed seatbelts on before the vehicle is to move.

Any students who will not be on the bus any given day will be reported by text or telephone call from the parent to the contractor/driver.

Bidders may submit proposals based on methods of transportation most economical to the

U.S. Embassy.

Note: The contractor agrees to maintain same current Garda-cleared driver and back-up driver on same route unless specifically excused from doing so by the Contracting Officer’s

Representative (COR). Dedicating a driver to a route helps to establish peace of mind to parents, passengers and school personnel when picking up and collecting passengers and contributes to the overall smooth provision of services. Both the driver and the dedicated back-up driver should be familiar to parents, passengers and school personnel and must display an Embassy-issued badge while working.

1.2 Period of Performance. This contract shall include one base year and two option years. Although the school year is a period of approximately ten (10) months, each performance period in the contract consists of twelve (12) months. See Attachments 1a and

1b and Attachment 2 for the school year calendar, including holidays. These attachments will be updated as necessary, should optional periods of performance be exercised.

1.3 Notice to Proceed. 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 start date listed in the Notice to

Proceed unless the Contractor agrees to an earlier date) on which performance shall start.

1.4 Definitions.

Mini-van – Van with a capacity to transport up to 6 passengers

Mini-bus - Mini-bus with a capacity to transport up to 16 passengers

Regular bus – Bus with a capacity to transport up to 32 passengers

Round-trip – Consists of one school bus picking up all students on the scheduled route at the students’ place of residence and dropping them off at school, then at the end of the school day, picking them up at school and returning them to the students’ place of residence for that route. A school bus can have more than one round-trip per school day if it is used for more than one round-trip route.

Route – Designated itinerary of a school bus to pick-up one or more students at their place of residence or school and dropping them off at their designated school or place of residence.

Run – Transportation for students from the school to the place of residence, or from the place of residence to the school; one half of a round-trip.

School Term – Equivalent to one-half of the school year. The Fall School Term runs from the first day of classes through the end of the Christmas break. The

Winter/Spring School Term runs from the first day back after Christmas break until the last day of school.

Garda Clearance – The formal process of having received and maintained a valid written Garda Vetting Disclosure from An Garda Síochána. This process is the responsibility of the contractor.

Contracting Officer’s Representative (COR), the Embassy-appointed liaison between the Contracting Officer and the Contractor. Designated by written memo.

2.0 TYPE OF CONTRACT

2.1 Standard Services

The contract type shall be a firm-fixed price contract type for standard services, billed per number of school bus round-trips, as further defined in paragraph 1.4 above. Estimated dates of service are set forth in Attachment 1.

2.2 Additional/Emergency Services

This portion of the contract shall be an indefinite-delivery indefinite-quantity type contract, billed at firm-fixed price rates, for additional/emergency services. These are services for additional bus runs, to or from one of the schools identified in this contract.

3.0 PRICING

3.1 Standard Services. The monthly price for Standard Services shall include all direct and indirect costs for equipment and labor, including but not limited to: labor and overtime for employees, benefits, all social insurance to include any severance liabilities required by law, licenses, communication equipment and its expenses (radio or cell phones), vehicles, vehicles maintenance & repair, all operating costs associated with the services, fuel, and profit.

3.2 Additional/Emergency Services. The price for additional/emergency services shall include all direct and indirect costs and profit.

3.3. BASE YEAR - This base period of performance shall commence August 22, 2016 and continue for a period of one year. See paragraph 1.2 above. The Contractor shall provide sufficient school buses with Garda-cleared drivers for regular school and after-school programs as required. The Embassy estimates that this would require a minimum of two (2) vehicles for students attending the St. Andrews College.

3.3.1 Standard Services

St. Andrews College (minimum 2 vehicles)

Unit Estimated Estimated

Item Description Unit Price Quantity Price

01 Vehicle (specify) Round-trip

Note: Based on 171 (number of school days), Attachment 2, School Days List

Attachment 3, School Bus Schedule

3.3.2 Additional/Emergency Services.

The Contractor shall provide one (1) school bus upon request of the Contracting

Officer. This service is rarely used but needs to be accounted for should the need arise. This service shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the passengers.

Each Additional Estimated Number Total Estimated

Run x of runs = Price in EURO

Mini Bus _______ two (2) __

Per month

Standard Bus ______ two (2) _______

Total for Base Year Standard Service __________

Total for Base Year Additional/Emergency Services __________

3.4 OPTION YEAR ONE - - This option year one period of performance shall commence on the first day of school in August 2017 and continue for a period of one year.

See paragraph 1.2 above. The Contractor shall provide sufficient school buses with Garda-cleared drivers for regular school and after-school programs as required. The Embassy estimates that this would require a minimum of two (2) vehicles for students attending the

St. Andrews College.

Note: Each school year, the number of children attending classes will fluctuate and the required vehicles will also fluctuate. For the purpose of this contract, Base Year figures will be used, but will be adjusted as the Government learns of family compositions from year to year.

3.4.1 Standard Services

3.4.2 Additional/Emergency Services.

arise. This service shall be paid for each one-way run. The Contractor will not be

Total for Option Year One Standard Service _________

Total for Option Year One Additional/Emergency Services __________

3.5 OPTION YEAR TWO - - This option year one period of performance shall commence on the first day of school in August 2018 and continue for a period of one year.

See paragraph 1.2 above. The Contractor shall provide sufficient school buses with Garda-cleared drivers for regular school and after-school programs as required. The Embassy estimates that this would require a minimum of two (2) vehicles for students attending the

St. Andrews College

Note: Each school year, the number of children attending classes will fluctuate and the required mini-buses will also fluctuate. For the purpose of this contract, Base Year figures will be used, but will be adjusted as the Government learns of family compositions from year to year.

3.5.1 Standard Services

3.5.2 Additional/Emergency Services.

arise. This service shall be paid for each one-way run. The Contractor will not be

Total for Option Year Two Standard Service _________

Total for Option Year Two Additional/Emergency Services _________

3.6 Total for Base Period for Standard Service _________

Total for Base Period for Additional/Emergency Services _________

Total for Option Year One for Standard Service _________

Total for Option Year One for Additional/Emergency Services _________

Total for Option Year Two for Standard Service _________

Total for Option Year Two for Additional/Emergency Services _________

CONTINUATION TO SF-1449, RFQ NUMBER SEI300-16-Q-0020

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. STATEMENT OF WORK

A. Services

1. Scope of Contract. The purpose of this contract is to provide daily routine transportation services for American diplomats' children who attend St. Andrew’s College

Booterstown Avenue, Blackrock, Co. Dublin. The Contractor shall provide supervision, labor, materials, fuel and equipment for the United States Embassy Dublin, 42 Elgin Road, Ballsbridge, Dublin 4.

2. General Requirements. The Contractor shall provide the transportation services on school days, Monday thru Friday, except holidays and other days specifically designated by the Schools. The attachments to this contract, listed below, provide information relating to school schedules, bus routes and orders for the contractor personnel.

Attachment 1: School Calendar

Attachment 1A – School Calendar by Month

Attachment 1B – Listing of School Holidays

Attachment 2: Summary of Number of School Days

Attachment 3: School Bus Route

Attachment 4: General Orders

3. Funding/Ordering.

The Contracting Officer has the sole authority to issue orders for additional/emergency services to be performed under this contract. With few exceptions, the

Contracting Officer will order these services by issuance of a written task order. If time does not permit, the Contracting Officer may issue an oral order, to be confirmed by a written order within 48 hours.

The contract minimum for these additional/emergency services shall be four (4) round trips of standard services, and hence, is met after the Contractor has provided this number of round trips of standard services. The contract maximum shall be fourteen hundred (1400) round trips.

The Contracting Officer’s Representative (COR) issues instructions to the Contractor pertaining to specific dates, times, etc. for transportation services, as needed. Instructions may be issued orally, or in writing. Not to be confused with orders of a contractual nature which only the Contracting Officer has the authority to issue, both orally and in writing.

4. Estimated Level of Services.

Though the Government cannot determine the exact number of passengers in advance and the number of passengers may vary each school term, the services shall be provided at the rates specified in the pricing section of this contract. As of the writing of this contract, the Government estimates 21 students to attend St. Andrews College for the

Base Period – academic year 2016-2017.

5. Adult Monitor. The Embassy, at its discretion, may also send one adult monitor on each vehicle to be responsible for maintaining discipline of the children.

6. Scheduled School Bus Services. Service shall be provided in accordance with the routes and schedules specified in Attachments 1, 2 and 3. Vehicles shall not depart the designated stops earlier than the scheduled departure time or not later than 3 minutes (as determined by driver) after the scheduled departure time. No services shall be required on school holidays, regularly scheduled school vacations, or when schools are closed due to inclement weather or for any other reason and any other days advised by the COR.

(a) School make-up class days shall be considered as normal school days.

The Embassy shall give the Contractor three days advance notification to change pick-up or delivery points or to provide bus service on school make-up days.

(b) The Contractor shall comply with appropriate station instructions regarding school bus operation, as specified in Attachment 3.

(c) The Contractor shall operate buses during inclement weather conditions unless schools are not open on such days. When schools have opened and are directed to close early due to inclement weather, the Contractor shall ensure students are picked up within one hour after the decision has been announced that the schools will close. The COR will contact the driver/s if early pick-up is required.

(d) Both the Contracting Officer and the COR has the authority to cancel any bus run after the decision has been announced that the schools will close. If the

Contractor believes a bus should not run, the COR must be contacted for final decision.

(e) Bus drivers shall not transport unauthorized passengers, unless this is approved in writing by the COR.

(f) Embassy Compound Traffic Rules: Not Applicable.

(g) After-School Activities: During pre-scheduled six week periods, there are after-school activities that require extended transportation services for the students. The Embassy will provide the schedule of after-school activities to the

Contractor in advance, indicating on which days these activities will occur, and what number of students participating. An example of after-school activities schedule is provided as Attachment 3 to this contract

B. Equipment to be provided by the Contractor.

1. Vehicles. The Contractor shall provide a sufficient quantity of the correct capacity of buses and must possess sufficient equipment to provide uninterrupted service under this contract and to furnish replacement buses where required. These buses shall meet all requirements of those buses normally used. The Contractor may substitute a smaller bus for a larger bus, depending on number of students. However, if the Contractor chooses to do so, the contractor may only charge at the rate of the smaller bus. Conversely, if the

Contractor elects not to use a smaller bus which would, in fact, be capable of transporting the number of students, and instead, elects to use a larger bus, the Contractor may only charge at the rate of the smaller bus. Vehicles must meet the standards required by local and

Irish National laws and regulations for provision of school bus transportation services, and meet the safety inspection requirements. All vehicles must carry a certificate of road worthiness which is renewed at least every two (2) years. If any vehicle is determined by an authorized official to be unsafe or unsatisfactory, its use is prohibited until such unsafe or unsatisfactory conditions have been corrected. In such event, the Contractor must provide replacement vehicle to maintain the schedule. No bus shall be older than eight years old.

(a) Vehicles, which, for any reason, do not meet minimum requirements specified, shall be replaced immediately so that service will not be delayed or interrupted.

(b) Maintenance Schedule: the Contractor shall maintain all vehicle equipment (vehicle, safety and security) in good working order. The vehicle shall arrive clean and presentable both inside and outside, fully topped off with fluids (i.e.

oil, brake fluids, window washer fluids, etc.), and all lights (head, parking, and back-

up) shall be functional.

(i) Daily Schedule

Fuel tanks filled

All fluids checked

All lights checked

(ii) Weekly Schedule

Inspect tires

Check tire pressure

(c) Every 6,000 kilometers or four months, whichever comes first: the

Contractor shall conduct complete servicing, including, but not limited to changing fluids, checking the brakes and lights, inspecting the exhaust system for leaks, examining all safety and security equipment to ensure operability. Documentary evidence should then be provided to the COR.

(d) Safety/Security Requirements: Each vehicle shall have:

Individual permanent seats and lap belts for each passenger

Emergency exit

First aid kit

Telephone

All emergency road and safety equipment required by host-country law.

(e) Inspection: The Contractor agrees to submit vehicles, as requested, for periodic unannounced spot checks by Embassy-nominated mechanics.

2. Communication Equipment

The Contractor shall furnish communication equipment, radios or cell phones to all vehicles, in order to be in contact with the monitors at all times and keep the COR informed on any incidents which might happen during the runs.

3. Tinting on Windows (not required)

There may be tinting on all bus windows so that it is not possible for a person standing next to the bus to be able to discern the physical outline of any occupant.

At the time of the contract award, the Contracting Officer if required will provide the contractor with a letter that sets forth permission from the Irish applicable authority for these vehicles to have tinting. If window tinting becomes a requirement, the contractor will be notified in advance and provided the opportunity to reflect any additional costs in the bid.

C. Bus Drivers.

All bus drivers shall meet the following qualifications.

1. All drivers shall be professional bus drivers and meet all state and local license requirements for bus drivers, including Garda clearance for handling and transportation of children/minors and a public service license. Any such licenses shall be in the possession of the drivers when operating a vehicle under this contract. Any such licenses shall be available for inspection by the COR on request. In addition, all drivers shall be in compliance with Driver CPC Card requirements.

2. Five years or more of driving experience with no major accidents.

(“Major” accidents being defined as accidents resulting in bodily injuries or property damage in excess of $1,000 or EURO equivalent).

3. A thorough knowledge of Dublin streets and traffic patterns.

4. All bus drivers shall wear a distinctive name tag, emblem, or patch attached in a prominent place on an outer garment. Employees shall also present credentials identifying themselves as employees of the company. In addition, the Embassy may issue its own identity badge to each driver.

5. Physical Examinations. The valid evidence of a current (not more than three months old) physical examination of drivers who are proposed to work under this contract, shall be provided to the COR not later than two weeks prior to the beginning of the contract. It must show the proposed driver to be free from communicable diseases and physical defects, which could interfere with safe bus operation. This physical and certification shall meet all statutory requirements for licensing and operation of the type of vehicle driven.

6. The drivers are strictly prohibited from driving a bus while intoxicated.

The Contractor guarantees that all drivers are tested for alcohol every morning and afternoon before they start their runs under this contract. The Contractor shall immediately replace those drivers who do not pass the test for alcohol.

7. Drivers shall be trained in the use of the first aid kits that are installed in the bus.

8. Drivers must agree not to drive vehicles in such a way that can be deemed a dangerous use of roadway nor should they drive in a way that causes discomfort, both physical and/or mental, to passengers. Drivers must also agree not to smoke, eat, or drink on the buses while the passengers are on board.

9. Each bus driver shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

10. Professional Bearing and Courtesy: All Contractor’s employees shall conduct themselves in a professional and courteous manner. Drivers should have experience with interacting with small children and the necessary patience and good humor.

D. Supervisor:

1. The Contractor shall have a Supervisor who shall supervise the contractor’s work force and be the point of contact for the U.S. Government regarding day-to-day operations. This Supervisor may be a driver.

2. The Driver Supervisor shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

E. ENGLISH LANGUAGE VERSION

In accordance with FAR 52.225-14, INCONSISTENCY BETWEEN ENGLISH

VERSION AND TRANSLATION OF CONTRACT, in the event of inconsistency between and terms of this contract and any translation thereof into another language, the English language meaning shall control.

II. OTHER TERMS AND CONDITIONS

A. PAYMENT

1. General:

(a) The Contractor shall submit invoices as instructed by FAR 52.212-4(g). Each invoice shall include the monthly amount billed. If any Additional/Emergency

Services were ordered that month, the Contractor shall also include that amount on the invoice, along with a copy of the written order. The Government will make payment for all work under an individual invoice in a lump sum for all completed and accepted work. Payment will be made by electronic bank transfer.

(b) For Standard Services, the Contractor shall prepare the invoice to show the number of round-trips by line item number, multiplied by the firm-fixed unit price for the round trip, and then show a total monthly amount billed.

(c) For Additional/Emergency Services, the Contractor shall prepare the invoice to show the number of runs by line item number, multiplied by the firm-fixed unit price for the run, and then show a total monthly amount billed.

2. Invoice Requirements: All invoices and attachments shall be submitted to the following address:

US Embassy Dublin Ireland

Attn: Financial Management Office

42 Elgin Road

Ballsbridge

Dublin 4

Ireland

B. VALUE ADDED TAX (VAT)

The Contractor shall show VAT as a separate charge on invoices submitted.

C. PERIOD OF PERFORMANCE.

1. Base Period of Performance: The base performance period of this contract commences on or about August 22, 2016. This period of performance continues for one year. This contract includes two option years, which may be exercised at the Embassy’s discretion.

D. INSURANCE

1. Contractor’s Liability. The Contractor shall be liable for bodily injury and property damage, which may occur when performing this contract. The liability insurance shall be written on the comprehensive form of policy. The policy shall provide coverage for passenger liability bodily injury at least $200,000 or EURO equivalent multiplied by number of seats or passengers, whichever is greater. The 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.

2. FAR 52.228-10 Vehicular and General Public Liability Insurance (APR 1984)

(a) The Contractor, at the Contractor’s expense, agrees to maintain, during the continuance of this contract, vehicular liability and general public liability insurance with limits of liability for (1) bodily injury of not less than $200,000 for each person and $500,000 for each occurrence or EURO equivalent, and (2) property damage of not less than $20,000 for each accident and $40,000 or EURO equivalent in the aggregate.

(b) The Contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

3. Indemnification

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) 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, except in the instance of gross negligence on the part of the Government.

4. 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.

5. Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes".

Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

6. 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 contract 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. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective.

E. Subcontracting Services

The Contractor shall not subcontract for any services under this contract.

F. Security

The Contractor shall provide to the Contracting Officer's Representative (COR) not later than two weeks prior to the beginning of the contract, a list of all current Garda-cleared drivers who will perform under this contract and will also provide updated lists as necessary to the COR. The list will include data of approved primary and substitute drivers. The Contractor shall agree not to substitute drivers other than those listed. All drivers must pass the Embassy’s background check. The list will include:

1. Name,

2. Date of birth, place of birth,

3. Passport number (if a driver is not of Irish nationality), G. Permits: Without additional cost to the United States Government, the

Contractor shall obtain all permits, licenses, and appointments required for the execution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Irish laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its quotation and shall provide any updates, as they become available, to the Contracting Officer. Application, justification, fees, and certifications for any licensure required by the Irish or local government are entirely the responsibility of the offeror.

H. DOSAR 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 COR. Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms and conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is the Motor Pool Supervisor and/or designate.

SECTION 2 - CONTRACT CLAUSES

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items. (Jun 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108-

77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 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

(Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec

2015) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s

13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

_X__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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) N/A, 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

(May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d)

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

(May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xviii) 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

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

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:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet

“search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

CLAUSE TITLE AND DATE

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER

MAINTENANCE (JUL 2013)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

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)

52.229-6 FOREIGN FIXED PRICED CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUNE 2013)

52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

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 $100or EURO equivalent the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of than $500.00 or EURO equivalent

(2) Any order for a combination of items in excess of than $250,000 or EURO equivalent; or

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

(c) 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 one (1) day day 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 (AUG 1989)

The Embassy 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 six (6) months. The

Contracting Officer may exercise the option by written notice to the Contractor within the…