Packing_and_Crating_Solicitation_-_October_12_model__v_Jan_9__to_FBO_and_advertising.docx

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PACKING AND CRATING SERVICES

COMMERCIAL ITEMS SERVICES

LAYOUT OF THIS MODEL

· List of Updates to the Model Contract

· Tick List for the Contracting Officer

· Sample Cover Letter

· Contract Table of Contents

· Model Contract

UPDATES TO THE MODEL

09/13/2012 - Update PIB 2012-16, 17. 18 05/24/2012 - Update FAC 2005-56-59, PIB 2012-11 (52.212-3, and 52.212-5) and PIB 2012-11 and -10

02/21/12 – Update per FAC 2005-5 (52.212-1, 52.212-4, and 52.212-5)

12/29/2011 –Update FAC 2005-54 (52.212-03 and 52.212-05)

8/5/11 – Update FAC 2005-53 (52.212-5)

07/20/2011 – Updates required by DOSAR (652.204-70; 652.237-71)

7/5/11 – Update FAC 2005-52 (52.212-3 and 52.212-5)

04/08/2011 – Update FAC 2005-51

04/05/2011 – Update FAC 2005-48, 49 and 50

02/28/2011 – Correction to update FAC 2005-47.

2/22/11 – Updated per FAC 2011-7 by deleted 52.209-8 and replacing with 52.209-9 ALT 1

1/21/11 – Updated per FAC 47-48 and PIB 2011-03, 52.209.8, and 52.212-3

10/20/10 – Updated 52.212-3

10/08/10 – Updated 52.212-5

09/07/10 – FAC 2005-45 to update 52.212-3 and 52.212-5

07/22/10 – FAC 2005-44 update to 52.212-5

07/14/10 – FAC 2005-43 update to (52.212-5 and 52.222-19)

07/01/10 – Update FAC 2005-42 (52.212-5) 06/28/10 - Update per PIB 2010 today’s date to add 52.222-40 DEVIATION

04/29/2010- No change required by FAC 2005-41

04/23/10 – No change required by FAC 2005-39; changes required by FAC 2005-40 (52.209-7, 52.209-8, 52.212-5)

01/13/10 – Change required by FAC 2005-38 (52.212-5)

09/08/09 – Change to #31 under FAR 52.212-5

08/28/09 – Change required by FAC 35 and 36 (52.212-3 and 5)

508/14/09 – Change required by FAC 2005-34 (52.212-3)

07/20/09 – 652.228-74. Updated DBA rates

06/29/09 - Change required by FAC 2005-32 & 33 (52.212-3 and 5)

05/26/09 – Change to 52.212-3

05/05/09 – Change required by FAC 2005-31 (52.212-5)

02/27/09 – Change required by FAC 2005-29 and 30 (52.212-5, 52.212-3, 652.206-70)

12/19/08 – FAC 2005-28 (52.212-5)

10/08/08 – Update FAC 27 (52.212-4, 52.212-5)

07/28/08 – Changes required by PIBs 2008-20 and 2008-21, inclusion of Contractor Identification clause and DBA rate changes

7/08/08 – Update FAC 26 (52.212-1, 52.212-3, 52.212-5)

6/26/08 – Update FAC 23-25 (52.212-1, 52.212-3, 52.212-5, 52.222-19, 52.204-6)

6/02/08 – Added note to include 52.225-19 if danger post

1/31/08 – No updates required by FAC 2005-23; DBA rates updated

12/03/07 – Change required by FAC 2005-21 and 22

09/20/07 - No update required by FAC 2005-20

09/05/07 – Change required by FAR 2005-19 (update) (52.212-5 & 52.212-3) and add DOSAR 652.228-70

07/17/07 – Change required by FAC 2005-18 (update) (52.212-5)

07/06/07 – No change required by FAC 2005.17

04/25/07 – Changed ordering paragraph to add a final subparagraph about satisfying a minimum guarantee.

03/26/07 – Change required by FAR 2005-16 (update) (52.212-5)

12/15/06 – Change required by FAC 2005-15 (update) (52.212-4)

12/13/06 - Change required by FAC 2005-14 (update) (52.212-3 and 52.212-5)

12/04/06 – Update per FAC 2005-13 (FAR 53.212-1, 52.212-3 and 52.212-5)

08/08/06 – Update per FAC 2005-12 (FAR 52.212-5)

08/03/06 – Change to FAR internet reference

7/21/06 – Update 652.228-71; no change required by FAC 2005-11

7/10/06 – Change required by FAC 2005-10 (52.212-3, 52.212-5, 52.204-7, and 652.228-

7406/22/06 – Change required by FAC 2005-9 (update 52.212-5)

2/15/2006 – Update container specs

2/7/06 – Updated per FAC 2005-07 (update FAR 52.212-5 in full text and 52.212-1)

1/19/06 – Updated per FAC 2005-08 (update FAR 52.212-5)

10/19/05 – Update per FAC 2005-06 (52.214-4 and 52.212-5)

8/19/05 – No update per FAC2005-05

6/28/05- Changes required by FAC 2005-04(update FAR 52.212-5)

6/16/04 – Changes to the Container Specifications per Transportation

5/11/2005 – Changes required by FAC 2005-3 (update FAR 52.212-5)

4/8/2005 – Changes required by FAC 2005-1 and 2005-2 (update FAR 52.212-3 to MAR 2005)

3/28/05 - Deleted “Packing by Owner (PBO)” from solicitation in accordance from transportation.

2/17/05 – Updated 52.212-5, 52.212-1, 52.212-3

11/02/2004 – Updated 52.212-5 Section 2 (FAC 2001-25)

09/28/04 – Updated to cover new DBA

07/06/2004 – Updated 52.212-5 and 52.225-5 Section 2 FAC 2001-24

06/30/2004 – Update 52.219-1 in instructions, updated 52.212-3 and 52.212-5 FAC 2001-23

06/10/04 – Attachment #2 Packing Specifications reinserted

04/26/04 – Update for PIB 2004-25 (Revised DOSAR 652.216-70, 652.237-72 and deleted 652.228-70)

04/16/04 – Revised for FAC 2001-21 and FAC 2001–22 at FAR 52.212-5.

2/17/04 – Modified to reflect specifications for wood packaging.

1/30/04 – No change for FAC 2001-17, FAC 2001-18 (update 52.212-1) and FAC 2001-19 (update 52.212-5)

CONTRACTING OFFICER TICKLIST AND GUIDANCE FOR THIS MODEL

FORMCHECKBOX This indefinite delivery/indefinite quantity (IDIQ) contract/purchase order was developed using the commercial item format in accordance with FAR 12.303, not to exceed $6,500,000. FAR 16 states a preference for awarding more than one contract when using the IDIQ format. Document the file if you determine that a single award is more appropriate.

FORMCHECKBOX Multiple awards will require more post resources to administer since multiple awards entail some type of consideration for each awardee. Many posts believe that multiple awards are necessary in the event a single contractor either cannot handle the workload (particularly during peak seasons) or are concerned that the quality may not be acceptable once performance begins.

FORMCHECKBOX There are alternatives to the IDIQ. Post could award BPAs or individual Purchase Orders to cover the occasional times when the contractor cannot meet the post demands for service.

FORMCHECKBOX General - The attached model solicitation (Request for Quotations or RFQ) is prepared in the commercial item format prescribed in FAR 12.303.

FORMCHECKBOX Always use OPE’s most recent contract model. Do not recycle an older version. Contract models are updated with FAR clauses many times per year.

FORMCHECKBOX In the documentation to the OPE desk officer, Contracting Officer has stated the file name of the model the Contracting Officer has copied from OPE’s website.

|_| FORMCHECKBOX Instructions for each “[Note to Contracting Officer]” have been followed

FORMCHECKBOX Offeror and Contracting Officer have completed all appropriate fill-in-the-blank sections, many of which are denoted by “[ ]”

FORMCHECKBOX FAR part 12 addresses commercial item acquisitions. FAR 2 defines a commercial item. If you are uncertain whether these services in the host country fall within the commercial item definition, please contact your A/OPE desk officer, who will assist you in making that decision.

|_| FORMCHECKBOX If you have questions about FAR Provisions and clauses, consult FAR 52.3, the provision and clause matrix, at HYPERLINK "http://acquisition.gov/far/current/html/52_301Matrix.html" http://acquisition.gov/far/current/html/52_301Matrix.html. Do not delete any provisions or clauses without talking with your OPE desk officer.

|_| FORMCHECKBOX You have coordinated the tasks with the requirements office to ensure all tasks are necessary.

|_| FORMCHECKBOX REQUIRED – Before sending to OPE for review, all modified clauses are highlighted unless the instructions for that clause in the model expressly state that post should modify the clause to reflect post specifics.

|_| FORMCHECKBOX REQUIRED - Rationale for this modification has been included in the memo requesting review from A/OPE.

|_| FORMCHECKBOX Highlights have been removed before issuing solicitation

FORMCHECKBOX Cover Page of Solicitation

|_| FORMCHECKBOX For commercial item contracts/purchase orders exceeding $150,000, use the SF-1449 as the cover page.

|_| FORMCHECKBOX For commercial item contracts/purchase orders of $150,000 or less, use either the SF-1449 (which can be used for the FRQ and award) or the SF-18 (for the RFQ) and OF-347 (for the award). If the SF-18 is used:

|_| FORMCHECKBOX Include FAR clause 52.212-4 and provision 52.212-1, either by reference or in full text (this clause and provision are included on the SF-1449 by reference in block 27, but not on the SF-18); and

|_| FORMCHECKBOX Correct all references to the SF-1449. Consequently, it would be simpler to use the SF-1449 in all cases when buying services as a commercial item.

|_| FORMCHECKBOX For commercial item contracts/purchase orders of up to $5.5 million, use a Request for Quotations (RFQ) number, rather than a Request for Proposals (RFP) number.

FORMCHECKBOX Fill-ins and Add-Ins -- The solicitation contains several FAR clauses that must be filled in, either by you (before the RFQ is released) or by the offeror/quoter, before submitting the document to you. These fill-ins are as follows:

Contracting Officer completes:

|_| FORMCHECKBOX 52.212-3, Offeror Representations and Certifications--Commercial Items

|_| FORMCHECKBOX Bio-preferred products - If US firms or products are being solicited then include 52.223-1 and 52.223-2 in the solicitation/contract. Place in Section 2.

FORMCHECKBOX Appropriate information has been entered into all blank fields

FORMCHECKBOX Your A/OPE desk officer has approved this document when and where approval is appropriate

FORMCHECKBOX Tailoring of FAR clauses - Some tailoring of FAR clauses is permissible, but this should rarely occur. In the model, the addendum for both FAR clause 52.212-4 and FAR provision 52.212-1 shows no tailoring. If you need to tailor this clause, please contact your desk officer in A/OPE for guidance.

|_| FORMCHECKBOX The entire contract model, including all completed tick lists and instructions, has been saved somewhere for your records so you’ll have a history of what you’ve done.

|_| FORMCHECKBOX “Model Updates” at the beginning of this document were deleted before final printing.

|_| FORMCHECKBOX ALL “Tick List and Guidance” comments have been deleted before final printing.

|_| FORMCHECKBOX “[Notes to Contracting Officer]” which are embedded in the model have been deleted before final printing

|_| FORMCHECKBOX Contracting Officer has read the document before it has been submitted to A/OPE/EAD for review.

|_| FORMCHECKBOX Contracting Officer has made sure all A/OPE/EAD comments are incorporated before issuance.

|_| FORMCHECKBOX Contracting Officer has actually read the final document before distribution.

|_| FORMCHECKBOX The document makes sense to both you and your desk officer

FORMCHECKBOX The Proposal due date is listed per instructions in FAR 5. Also, the CO has ensured this due date does not fall on an Embassy holiday or weekend.

FORMCHECKBOX PIB 2007-14 has been reviewed to ensure public notification/advertising requirements have been satisfied where appropriate. When in doubt, contact your OPE Desk Officer.

FORMCHECKBOX The proposed COR has been notified of all required training as set forth in DOSAR subpart 642 to ensure these requirements have been satisfied prior to or at the time of award.

FORMCHECKBOX Contracting officer has negotiated for the lowest priced technically acceptable offer.

|_| FORMCHECKBOX If there have been big fluctuations in the economy, post may elect to incorporate less option years. If this is done, then there will be additional changes within the document.

|_| FORMCHECKBOX Defense Base Act Insurance clauses reviewed and modified

|_| FORMCHECKBOX When the contracting officer has a reasonable expectation that no covered contractor employees (see PIB 2009-20 on OPE intranet site for definition of covered versus non covered employees) will be included in the offers (e.g., offers will come from local overseas contractors and the work is to be performed in a country that has local workers’ compensation laws), the contracting officer shall include the following FAR clause and DOSAR provision in the document:

|_| FORMCHECKBOX FAR clause 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas; place in Section 2

|_| FORMCHECKBOX Provision entitled Defense Base Act – Covered Contractor Employees; place in Section 5

|_| FORMCHECKBOX If, in response to the document, any offeror knows that they will employ covered employees, the offeror is required to notify the contracting officer prior to the closing date.

|_| FORMCHECKBOX The contracting officer shall then amend the document to add a line item in Section 1 (see sample language in B.2.7 and actual item in B.3.6 of the LGP model).

|_| FORMCHECKBOX If covered employees will be employed, delete the following

|_| FORMCHECKBOX Provision entitled 652.228-70 Defense Base Act – Covered Contractor Employees from Section 2.

Also add the following clauses/provisions if using covered employees:

|_| FORMCHECKBOX FAR clause 52.228-3, Workers’ Compensation Insurance (Defense Base Act); place in Section 2.

|_| FORMCHECKBOX DOSAR clause 652.228-71, Workers’ Compensation Insurance (Defense Base Act) – Services; place in Section 2. If DOSAR 652.228-71 included delete actual text from paragraphs b,c,d, e, and f and mark those paragraphs as “reserved” per PIB 2012-17.

|_| FORMCHECKBOX DOSAR provision 652.228-74, Defense Base Act Insurance Rates – Limitation (DEVIATION); place in Section 3.

|_| FORMCHECKBOX Offerors shall be given additional time to incorporate the DBA contractor rates into their proposed prices.

FORMCHECKBOX Section 3 completed. Pre-proposal Conference/Site Visit - If there will be a pre-proposal conference or site visit, provide information in a cover letter to the solicitation. You may use the pre-proposal conference/site visit language from any of the other A/OPE model solicitations and add to Section 3

|_| FORMCHECKBOX SECTION 5 COMPLETED - American Business Sources

|_| FORMCHECKBOX For Section 5 inserts which follow, you have deleted all instructions such as “[Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]”

|_| FORMCHECKBOX All tick marks such as this one “[ ]” have been appropriately ticked

|_| FORMCHECKBOX If you know or expect that American businesses may submit a proposal, you must include the following solicitation provision, in addition to the other certifications contained in this solicitation. This certification is used to determine whether the firm is considered small by the Small Business Administration (SBA).

|_| FORMCHECKBOX If you receive an offer from a small business, and you determine that firm to be non-responsible, then you must refer the matter to A/OPE and A/SDBU for referral to SBA; any determination of non-responsibility of an American small business must be referred to SBA prior to award of the contract. SBA will then determine whether to issue a Certificate of Competency (SBA) attesting to the firm's ability to perform the contract. For more information, see FAR 19.000(b) and 19.6.

|_| FORMCHECKBOX If the above conditions are met, include the following at the end of Section 5 and number as the next sequential number in the Section 5 series.

52.219-1 Small Business Program Representations (Jan 2011) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _48411, 48421, 48422, 48899

(2) The small business size standard is ___18.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision— “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" 38 U.S.C. 101(2), with a disability that is service-connected, as defined in HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision)

|_| FORMCHECKBOX If US firms are being solicited/awarded a contract the following FAR clause must be provided in full text in Section 2:

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION JUN 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required notice, printed by the Department of Labor, can be –

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; or

(2) Provided by the Federal contracting agency, if requested;

(3) Downloaded from the Office of Labor-Management Standards web site at HYPERLINK "http://www.dol.gov/olms/regs/compliance/EO13496.htm" http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of the provisions of paragraphs (a) through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor and subcontractor are not permitted to procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this subpart.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

|_| FORMCHECKBOX Inherently Government: Reminder requiring Offices: All requirements for new services must undergo a pre-award assessment by the requiring office to ensure the statement of work does not include any inherently governmental functions. The Form DS-4208, Request for Services Contract Approval, found in PIB 2012-11, attachment 1, is available on e-Forms and will be used to meet this requirement.

|_| FORMCHECKBOX 3rd Country Nationals: The clause Recruitment of Third Country Nationals for Performance on Department of State Contracts shall be included in any solicitation and contract (including commercial items) valued over $150,000 requiring non-professional labor where contract performance will require recruitment of third country national labor specifically for contract performance Contractors shall submit Recruitment and Housing Plans as appropriate and shall be evaluated and contracts shall only be awarded to contractors submitting acceptable plans.(PIB 2012-10):

RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (February 28, 2012)

1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State jobs.

e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts must be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/g/tip or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at OIGHOTLINE@STATE.GOV. 3

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g.Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country national for subcontractor performance.

COVER PAGE INSTRUCTIONS

[Note to Contracting Officer: if you submit a packing/shipping solicitation or contract award for OPE review; we will assume that you have already obtained Transportation’s approval to opt out of the ITGBL program.]

[Note to Contracting Officer – Use either the SF-1449 or SF-18 as the cover page.

· See the Cookbook, Chapter 8 for instructions on how to complete the SF-1449. This example is actually an SF-1449 completed for contract award. When completing an SF-1449 for purposes of a solicitation cover page, fill in the following blanks, following the Cookbook sample. All other blanks are left uncompleted at this time:

· Block 5

· Block 6

· Block 7a and b

· Block 8

· Block 9

· Block 10

· Block 11, if applicable

· Block 14

· Block 15

· Block 20 (fill in brief description of what is being purchased followed by “See Attached”

· Block 27a and 27b

· Chapter 2 for instructions on how to complete the SF-18.]

Sample Letter To Prospective Quoters

[Note to Contracting Officer: insert date]

[Note to Contracting Officer: insert inside address] American Embassy in Prague Date: April 3, 2013 Dear Prospective Quoter:

SUBJECT: Solicitation Number SEZ80013R0002 [Note to Contracting Officer: insert number and title of project]

The Embassy of the United States of America invites you to submit a quotation for the shipping and packing services for the U.S. Embassy in Prague, the Czech Republic. [Note to Contracting Officer: insert a brief description of project scope, location of site]. The Embassy intends to award multiple contracts for these services.

The Embassy intends to conduct a pre-quotation conference at the site, and all prospective offerors who have received a solicitation package will be invited to attend. The pre-quotation conference will take place on June 18, 2013 at 9.30 a.m. in the American Center of the U.S. Embassy in Prague, Tržiště 13, Praha 1, the Czech Republic. See Section 3 of the attached Request for Quotations (RFQ).

Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed" to the Contracting Officer, Jonathan E. Earle, American Embassy in Prague, Tržiště 15, 118 01 Prague 1, the Czech Republic [Note to Contracting Officer: insert name of Contracting Officer, Address] on or before [Note to Contracting Officer: insert solicitation closing time] 1 p.m. on [Note to Contracting Officer: insert solicitation closing date]July 19, 2013. . No quotations will be accepted after this time. Electronic submissions will not be accepted.

For a quotation to be considered, you must also complete and submit the following:

0. SF-1449

0. Section 1, Block 23

0. Section 5, Representations and Certifications;

0. Additional information as required in Section 3.

Direct any questions regarding this solicitation to [Note to Contracting Officer: insert name] Lida Aylsworth by letter or by telephone [Note to Contracting Officer: insert telephone number] e-mail at PragueProcurement@state.govduring regular business hours.

Sincerely, [Note to Contracting Officer: insert name]Jonathan E. Earle Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF1449 cover sheet

· Continuation to SF1449, RFQRFP SEZ80013R0002 [Note to Contracting Officer: Insert RFQ Number], Schedule of Supplies/Services, Block 20

· Attachment 1: Scope of Work

· Attachment 2: Packing Specifications

· Attachment 3: 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 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 RFP SEZ80013R0002 [Note to Contracting Officer: Insert Number]

SECTION 1 - THE SCHEDULE

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SHIPPING/PACKING SERVICES

3. 1. PERFORMANCE WORK STATEMENT

For each year of the contract, the U.S. Government guarantees a minimum order of 10,000 kilograms of shipment.[Note to Contracting Officer: Identify the minimum order either in terms of weight of shipment or dollar value, (US or local currency). Use only one of these methods of description, that is, do not describe the minimum in terms of dollar value AND weight. The same is true for the contract maximum].

The maximum amount of shipping/packing services each year of this contract will not exceed [Note to Contracting Officer: Identify maximum weight or dollar value (in US or local currency]. 100,000 kilograms.

Individual purchases shall be documented as follows: [Note to Contracting Officer: The Contracting Officer must obligate the funds via a task order, although a GBL may be an attachment to that order. If a GBL is used, the ordering official does not have to be a warranted CO. So, describe what form will be used to place the orders]Individual purchase orders shall be documented as follows: Task Orders. Orders may be placed orally by fax or by the electronic method. All oral orders shall be followed up by a written task order signed by the Contracting Officer within 48 hours.”

1. OFFERS AND PAYMENT IN U.S. DOLLARS

U.S firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

FOREIGN FIRMS – Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

1. 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.

[Note to Contracting Officer: Obtain sample notice to proceed from A/OPE web site on Internet or Intranet under “Letters and other documents.” There are two alternate methods of stating a performance period: specific dates (such as January 1 through December 31) or “starting on date of award and continuing for a period of twelve months”; Indicate here which alternative post will use.]

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

[Note to Contracting Officer: Fill in the unit of measure and the estimated quantity. Offerors will fill in the rate per unit and the total estimated amount.]

* Includes 21% VAT

(a) Packing Services

(3) Packing of General 100 kg net ______ 250 kg net _________* Cargo

* Includes 21% VAT

(c) Storage Services

(2) Minimum number of days following delivery of a shipment to the Contractor’s warehouse free of storage charges: day N/A 4 days N/A *Includes 21% VAT

(d) Freight Handling

(d.1) Customs clearance/ per shipment (if required)

(d.2) Transportation between:

(1) Post/Consulate I _____ _____ _____ _______

(2) Post/Consulate II _____ _____ _____ _______

(3) Post/Port City

(4) Post/Local Airport _____ _____ _____ _______

(5) Vehicles

(1) Post/ELSO Antwerp 100 kg net ______ 20,000 kg net ________* (HHE, General Cargo)

(2) Contractor’s warehouse/ 100 kg net ______ 22,000 kg net ________* Post (HHE, General Cargo, UAB)

(3) Post/Local Airport 100 kg gross ______ 1,500 kg gross _______ * And vice versa

(4) Vehicles: Post/ ELSO Antwerp (Vehicles – by truck) without boxing Vehicle ______ 7 POV ________*

(5) Vehicles: Contractor’s warehouse to post/ Residence via Technical Inspection Point/ STK The Scope of work for this service is the following: After the USG agency “ELSO” in Antwerp, Belgium, arranges delivery of the vehicle to the Contractor’s warehouse, the Contractor notifies the US Embassy and the Embassy provides the Contractor with necessary documents and funds. The Contractor transports the vehicle in question to the Czech Technical Inspection Point (STK), has the vehicle technically inspected for the purpose of its local registration, and then transport this vehicle to a destination specified by the Embassy’s COR.

(Vehicles - by truck) Vehicle ______ 8 POV ________*

(e) Cost of fumigating or (preferably) heat treatment of the Empty wooden Containers ______* per 1 container

[Note to Contracting Officer. Effective September 16, 2005 all solid wood packing material (SWPM) entering the United States must be either heat treated or fumigated with methyl bromide, in accordance with the Guidelines on 7 CFR 319.40 and marked with an approved international mark certifying treatment. This change will affect all wood packaging material in connect with importing goods into the United States. Heat treatment is preferred. Similar importation restricts are being implemented in other countries. For a complete list of affected countries with similar wood importation restrictions and the effective date of the restrictions, visit the USDA website. Because similar wood restricts are already in place in the European Union, shipments destined or transiting through our storage facility in ELSO Antwerp should also be heat treated or fumigated with methyl bromide. If the fumigation method is chosen post needs to take precautions to ensure only the wood products are fumigated. Do not, repeat do not fumigate a crate or container with personal effects inside.]

[The Contracting Officer must delete the asterisk at the column labeled “Estimated Quantity” as well as the below asterisk, if only one award will be made.]

*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

(a) Packing Services

(3) Packing of General 100 kg net ______ 250 kg net _________* Cargo

* Includes 21% VAT

(b) Unpacking Services

(3) Unpacking of GC via surface

(c) Storage Services

(2) Minimum number of days following delivery of a shipment to the Contractor’s warehouse free of storage charges: day N/A 4 days N/A *Includes 21% VAT

(d) Freight Handling

(d.1) Customs clearance/ per shipment (if required)

(1) Post/Consulate I _____ _____ _____ _______

(2) Post/Consulate II _____ _____ _____ _______

(3) Post/Port City

(4) Post/Local Airport _____ _____ _____ _______

(5) Vehicles

(e) Cost of fumigating the Empty wooden Containers _____ _____ _____ _______

(1) Post/ELSO Antwerp 100 kg net ______ 20,000 kg net ________* (HHE, General Cargo)

(2) Contractor’s warehouse/ 100 kg net ______ 22,000 kg net ________* Post (HHE, General Cargo, UAB)

(3) Post/Local Airport 100 kg gross ______ 1,500 kg gross ________* And vice versa without boxing Vehicle ______ 7 POV ________*

(5) Vehicles: Contractor’s warehouse to post/ Residence via Technical Inspection Point/ STK The Scope of work for this service is the following: After the USG agency “ELSO” in Antwerp, Belgium, arranges delivery of the vehicle to the Contractor’s warehouse, the Contractor notifies the US Embassy and the Embassy provides the Contractor with necessary documents and funds. The Contractor transports the vehicle in question to the Czech Technical Inspection Point (STK), has the vehicle technically inspected for the purpose of its local registration, and then transport this vehicle to a destination specified by the Embassy’s COR.

(Vehicles - by truck) Vehicle ______ 8 POV ________*

______* per 1 container

(g) Large, heavy items 100 kg net ______ 500 kg net ________* packing, unpacking

*Total includes 21% VAT

*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.

SECOND OPTION YEAR PRICES

*Includes 21% VAT

(a) Packing Services

(3) Packing of General Cargo

(b) Unpacking Services

(3) Unpacking of GC via surface

(c) Storage Services

(2) Minimum number of days following delivery of a shipment to the Contractor’s warehouse free of storage charges: 1 day N/A 4 days N/A

*Includes 21% VAT

(d) Freight Handling (d.1) Customs clearance/ per shipment (if required)

(d.2) Transportation between:

(1) Post/Consulate I _____ _____ _____ _______

(2) Post/Consulate II _____ _____ _____ _______

(3) Post/Port City

(4) Post/Local Airport _____ _____ _____ _______

(5) Vehicles

(e) Cost of fumigating the Empty wooden Containers _____ _____ _____ _______

(1) Post/ELSO Antwerp 100 kg net ______ 20,000 kg net _______* (HHE, General Cargo)

(2) Contractor’s warehouse/ 100 kg net ______ 22,000 kg net _______* Post (HHE, General Cargo, UAB)

(3) Post/Local Airport 100 kg gross ______ 1,500 kg gross _______ * And vice versa

Without boxing Vehicle ______ 7 POV _______*

(5) Vehicles: Contractor’s warehouse to post/ Residence via Technical Inspection Point/ STK The Scope of work for this service is the following: After the USG agency “ELSO” in Antwerp, Belgium, arranges delivery of the vehicle to the Contractor’s warehouse, the Contractor notifies the US Embassy and the Embassy provides the Contractor with necessary documents and funds. The Contractor transports the vehicle in question to the Czech Technical Inspection Point (STK), has the vehicle technically inspected for the purpose of its local registration, and then transport this vehicle to a destination specified by the Embassy’s COR.

(Vehicles - by truck) Vehicle ______ 8 POV ________*

______* per 1 container

(h) Large, heavy items 100 kg net…