RFP_Rental_of_vehicles_-_Paris.doc
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- Attached to
- Passenger transportation services using motor vehicles with drivers Federal contract opportunity
- Solicitation number
- SFR63015R0001
- Issued by
- Department of State US Embassy Paris
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Solicitation No. SFR63015R0001
Page | 49 of 51 Passenger Transportation Services - IDIQ
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1
SCOPE OF SERVICES
The Contractor shall provide passenger transportation services using motor vehicles with drivers for the Embassy of the United States of America in Paris in accordance with Section C - Description/ Specifications/Work Statement and the Exhibits contained in Section J of this contract. The period covered by this contract is addressed in Section F.
B.1.1.
OFFERS AND PAYMENTS 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 accompany 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. firms, 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.
B.2
TYPE OF CONTRACT
This is an indefinite-delivery, indefinite-quantity, type contract with firm-fixed rates.
B.3
PRICING
B.3.1 General (a) The Contractor shall provide the vehicles with driver at the rates shown below.
(b) The quantities in B.3.2 are estimates only and are not guaranteed by this contract. See B.4 below for contractual minimum and maximum quantities.
(c) The Government may issue orders requiring vehicles at multiple locations. Except as specified in the Delivery-Order Limitations clause or in B.4, there is no limit on the number of orders that may be issued.
(d) Include any cost of Workers’ Compensation and War-Hazard Insurance in the prices. This insurance shall not be a direct reimbursement.
(e) The Government will make payment in local currency.
(f) VALUE ADDED TAX.
VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.
B.3.2 Price Schedule – Basic Year
* This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.
The above rates shall be applied 7 days a week and 24 hours a day including Saturdays, Sundays and Holidays and shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, vehicles, drivers, driver’s meal expenses, communication equipment, and all vehicle operation expenses, including but not limited to fuel, oil, all other maintenance and insurance of such vehicles.
B.3.2.1 The daily rate shall be charged for any consecutive 8-hour period within a calendar day. Early release of vehicles ordered for 8 consecutive hours shall not incur partial rate invoicing.
B.3.2.2
Any additional periods of 8 hours within calendar day will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 8 hours shall be charged at hourly rate.
B.3.2.3
The Airport Transfer trip rate shall be charged for a one way point-to-point journey from Paris City Center to Paris Regional Airports or from Paris Regional Airports to Paris City Center. This rate shall include a maximum of 3 hours travel time. If a trip takes more than 3 hours then the additional time incurred shall be charge at the hourly rate or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.2.4
The Station/City Transfer trip rate shall be charged for a one way point-to-point journey within Paris including all Railway Stations in Paris. The rate shall include a maximum of 2 hours travel time. If a trip takes more than 2 hours then the additional time incurred shall be charged at the hourly or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.2.5
New Arrival Airport Transfer shall be charged for a round trip from Paris or its surroundings to Paris Airports or vice-versa with two (2) stops on either side by providing a minivan with 7 or 8 passengers seating capacity. If the round trip takes more than 4 hours then the additional time incurred shall be charge at the hourly rate. The trip time is counted from leaving and returning to contractors place/garage.
The driver shall pick-up the sponsor (accompanying person) in Paris or its surroundings before going to the Paris Regional Airport and pick-up arriving members’ then drop-off in a given address and finally drop-off sponsor at the beginning point of this trip.
B.3.2.6
The daily rate shall be charged for any consecutive 12-hour period within a calendar day to support Senior High Level USG Principals Visits. Early release of vehicles ordered for 12 consecutive hours shall not incur partial rate invoicing.
B.3.2.7
Any additional periods of 12 hours within calendar day to support Senior High Level USG Principals Visits will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 12 hours shall be charged at hourly rate.
Rates provided under Section B.3.3.3 and B.3.3.4 shall also be applied for Airport Transfer trips and City Transfer Trips for Senior High Level USG Principal Visits.
B.3.3 Price Schedule – Option Year 1
* This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.
The above rates shall be applied 7 days a week and 24 hours a day including Saturdays, Sundays and Holidays and shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, vehicles, drivers, driver’s meal expenses, communication equipment, and all vehicle operation expenses, including but not limited to fuel, oil, all other maintenance and insurance of such vehicles.
B.3.3.1 The daily rate shall be charged for any consecutive 8-hour period within a calendar day. Early release of vehicles ordered for 8 consecutive hours shall not incur partial rate invoicing.
B.3.3.2
Any additional periods of 8 hours within calendar day will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 8 hours shall be charged at hourly rate.
B.3.3.3
The Airport Transfer trip rate shall be charged for a one way point-to-point journey from Paris City Center to Paris Regional Airports or from Paris Regional Airports to Paris City Center. This rate shall include a maximum of 3 hours travel time. If a trip takes more than 3 hours then the additional time incurred shall be charge at the hourly rate or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.3.4
The Station/City Transfer trip rate shall be charged for a one way point-to-point journey within Paris including all Railway Stations in Paris. The rate shall include a maximum of 2 hours travel time. If a trip takes more than 2 hours then the additional time incurred shall be charged at the hourly or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.3.5
New Arrival Airport Transfer shall be charged for a round trip from Paris or its surroundings to Paris Airports or vice-versa with two (2) stops on either side by providing a minivan with 7 or 8 passengers seating capacity. If the round trip takes more than 4 hours then the additional time incurred shall be charge at the hourly rate. The trip time is counted from leaving and returning to contractors place/garage.
The driver shall pick-up the sponsor (accompanying person) in Paris or its surroundings before going to the Paris Regional Airport and pick-up arriving members’ then drop-off in a given address and finally drop-off sponsor at the beginning point of this trip.
B.3.3.6
The daily rate shall be charged for any consecutive 12-hour period within a calendar day to support Senior High Level USG Principals Visits. Early release of vehicles ordered for 12 consecutive hours shall not incur partial rate invoicing.
B.3.3.7
Any additional periods of 12 hours within calendar day to support Senior High Level USG Principals Visits will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 12 hours shall be charged at hourly rate.
Rates provided under Section B.3.3.3 and B.3.3.4 shall also be applied for Airport Transfer trips and City Transfer Trips for Senior High Level USG Principal Visits.
B.3.4 Price Schedule – Option Year 2
* This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.
The above rates shall be applied 7 days a week and 24 hours a day including Saturdays, Sundays and Holidays and shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, vehicles, drivers, driver’s meal expenses, communication equipment, and all vehicle operation expenses, including but not limited to fuel, oil, all other maintenance and insurance of such vehicles.
B.3.4.1 The daily rate shall be charged for any consecutive 8-hour period within a calendar day. Early release of vehicles ordered for 8 consecutive hours shall not incur partial rate invoicing.
B.3.4.2
Any additional periods of 8 hours within calendar day will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 8 hours shall be charged at hourly rate.
B.3.4.3
The Airport Transfer trip rate shall be charged for a one way point-to-point journey from Paris City Center to Paris Regional Airports or from Paris Regional Airports to Paris City Center. This rate shall include a maximum of 3 hours travel time. If a trip takes more than 3 hours then the additional time incurred shall be charge at the hourly rate or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.4.4
The Station/City Transfer trip rate shall be charged for a one way point-to-point journey within Paris including all Railway Stations in Paris. The rate shall include a maximum of 2 hours travel time. If a trip takes more than 2 hours then the additional time incurred shall be charged at the hourly or daily rate, whichever is less for the period. The trip time is counted from leaving and returning to contractors place/garage.
B.3.4.5
New Arrival Airport Transfer shall be charged for a round trip from Paris or its surroundings to Paris Airports or vice-versa with two (2) stops on either side by providing a minivan with 7 or 8 passengers seating capacity. If the round trip takes more than 4 hours then the additional time incurred shall be charge at the hourly rate. The trip time is counted from leaving and returning to contractors place/garage.
The driver shall pick-up the sponsor (accompanying person) in Paris or its surroundings before going to the Paris Regional Airport and pick-up arriving members’ then drop-off in a given address and finally drop-off sponsor at the beginning point of this trip.
B.3.4.6
The daily rate shall be charged for any consecutive 12-hour period within a calendar day to support Senior High Level USG Principals Visits. Early release of vehicles ordered for 12 consecutive hours shall not incur partial rate invoicing.
B.3.4.7
Any additional periods of 12 hours within calendar day to support Senior High Level USG Principals Visits will be charged at the daily rate plus hourly rates. Any periods ordered for number of hours less than 12 hours shall be charged at hourly rate.
Rates provided under Section B.3.4.3 and B.3.4.4 shall also be applied for Airport Transfer trips and City Transfer Trips for Senior High Level USG Principal Visits.
B.3.5 If the specified number of sedans, minivans, and shuttles/passenger vans are not available, the following substitutions are allowable:
· Minivans substituted for sedans
· Minibus substituted for minivans
· Medium type of coach/bus substituted for Minibus
Sedans shall not be used in place of minivan or shuttles/passenger vans. Simply stated, larger vehicles may replace smaller vehicles, but smaller vehicles may not replace larger vehicles. If the Contractor makes substitutions, billing and payment shall be at the contract rate for type of vehicle ordered by the Government.
B.4
CONTRACT MINIMUM AND MAXIMUM AMOUNTS
B.4.1 Contract Minimum - During the contract period, the Government shall place orders for a minimum of 10,000 Euros. This is the contract minimum for the period of one contract year.
B.4.2 Contract Maximum - During the contract period, the amount of all orders shall not exceed 500,000.00 Euros. This is the contract maximum for the period of one contract year.
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1
GENERAL
The Contractor shall provide passenger transportation services using motor vehicles with drivers around Paris and its Regions for the Embassy of the United States of America in Paris. The Contractor shall provide all managerial, administrative, direct labor personnel, vehicles, drivers (if required by Section B), communication equipment, all running expenses (i.e., fuel, oil, etc.) including all servicing and insurance of such vehicles that are necessary to accomplish all work required by this contract. VIP/Official visits may require the support of between 40 and 140 vehicles per day depending on the size and scope of the visit. A Fleet Management Team composed of coordinators, dispatchers, managers, accounting staff, etc. is necessary for these visits. The duration of these visits may vary from 7 to 15 days.
C.2
DEFINITIONS
“Calendar Day” means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.
"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.
"Government" means the Government of the United States of America unless specifically stated otherwise.
"Ordering Officer" means the Contracting Officer of the U.S. Embassy in Paris.
“Services” means the services performed, workmanship, and equipment furnished or utilized in the performance of the services.
C.3
MANAGEMENT
C.3.1 Contracting Officer’s Representative. The Contracting Officer’s Representative (COR) is responsible for validating requests from vehicle users, and providing instructions for vehicle use to the Contractor on a daily or less frequent basis. See G.1 regarding the COR. The COR does not have authority to issue task orders under this contract. See G.3 for task order issuance.
C.3.2 Authorized Service Requesters. Each task order will list the names and phone numbers of all authorized service requester(s). Service requesters are only authorized to order service within the boundaries established in the task order and are not authorized to order services from vehicles that were not included in that task order.
C.3.3 Project Manager. The Contractor shall designate a Project Manager who shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, including delegating requests to drivers (if drivers are required by this contract) along with any instruction required, and ensuring a smooth and effective operation. The Contractor’s Project Manager and telephone number are:
Project Manager:
Telephone Number:
C.3.4 Documentation of Usage. Each driver shall obtain a certifying signature from the vehicle user on Daily Vehicle Use Record (Attachment B) at the end of service each day. The Contractor shall attach this form to the invoice as a supporting document to verify the hours of service.
C.4
VEHICLE
C.4.1 Types of Vehicle. The Government requires the following types of vehicles, if ordered under this contract. All vehicles shall be of the latest model and in excellent condition with air-conditioning. The Contractor shall provide registration numbers before the vehicles are used.
| Type |
| Size and Description |
| 1. Sedans |
| Minimum 2-litre, four-door, capable of carrying four passengers |
| 2. Minivans |
| Capable of carrying 6 to 8 passengers |
| 3. Minibus |
| Minimum capacity of carrying 15 passengers |
C.4.2 Replacement/Servicing. The Contractor shall provide a replacement vehicle equivalent to the type that requires replacement, due to accident, breakdown, or any other reason, within one (1) hour of notice by the driver (if drivers are required by Section B) or by the COR.
C.5
COMMUNICATION EQUIPMENT
The Contractor shall provide two-way communication equipment (such as radios, cellular phones, or pagers) which shall be available for use by the driver at all times during the shift.
C.6
DISPATCH POINTS
C.6.1 Dispatch points will be stated in each individual task order.
C.6.2 Level of Service. Vehicles shall be available to pick up passengers at the dispatch points at the time stated in each individual task order.
C.7
PERSONNEL
C.7.1 The Contractor shall provide qualified drivers for each vehicle specified in this contract. Drivers employed to perform services shall be experienced and competent in the performance of such services, and shall possess the license entitled "Carte Professionnelle de Chauffeur de Voiture de Tourisme ", Passenger transport license (Permis de transport en commun) and valid licenses for driving heavy motor vehicles. Despite US Embassy requirements for vehicle shifts that are longer than usual daily work schedule, drivers shall not drive or work more than is authorized by local law or that contravenes French Safety Standards for Drivers (Conduite de VTC) passenger transportation (Transport de Personnes), driving regulations using heavy motor vehicles and the applicable Collective Bargaining Agreements (Convention Collective). The Contractor is responsible for managing these local law and safety standard requirements in whatever manner the Contractor chooses, such as rotating drivers. The drivers of the vehicles of a capacity more than 8 passengers and the drivers of heavy motor vehicles of a capacity of goods carrying more than 3.5 Tons or heavy motor vehicles equipped with ‘chronotachygraph’ (speed and time recorder) loaded or unloaded shall be responsible for informing the US Government Agency Point Of Contact about their authorized driving times, mandatory break-times/rest periods and the need of a second driver when their maximum allowable work time has been reached. The Contractor and the U.S. Government are mutually responsible for respecting passenger transportation legislation in France. No additional payment other than the established contract rates shall be considered under this contract, irrespective of the manner in which the Contractor manages these local law and safety standard requirements.
C.7.2 The Contractor shall provide the Government all information required for drivers with any security clearance, accreditation, vehicle access, and licenses required to provide services under this contract.
C.7.3 Standards. Each driver shall meet minimum standards including:
1. Compliance with the requirements listed in paragraphs H.1 through H.3
2.
English skills - Have a good level of English language skills
3.
Local knowledge - Be completely familiar with Paris and its region in general so as to know alternate routes should primary route be impassable or otherwise not the best alternative at any given time
4.
License - Possess license entitled "Carte Professionnelle de Chauffeur de Voiture de Tourisme ", Passenger transport license (Permis de transport en commun) and valid licenses for driving heavy motor vehicles.
C.7.4 Training. The Contractor shall provide training for all drivers in areas such as operating procedures and communication equipment/systems.
SECTION D - PACKAGING AND MARKING
(RESERVED)
SECTION E - INSPECTION AND ACCEPTANCE
E.1
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 (48 CFR CH. 1):
Clause
Title and Date 52.246-4 Inspection of Services – Fixed Price (AUG 1996)
E.2 Quality Assurance and Surveillance Plan (QASP). This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.
| Performance Objective |
| PWS Para |
| Performance Threshold |
Services.
Performs all vehicle rental services set forth in the performance work statement (PWS)
| C.1 thru C.7 |
| All required services are performed and no more than one (1) customer complaint is received per month |
E.2.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
E.2.2 STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed-Price (August 1996), if any of the services exceed the standard.
E.2.3 PROCEDURES
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
SECTION F - DELIVERIES OR PERFORMANCE
F.1
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 (48 CFR CH. 1):
Clause
Title and Date 52.242-15 Stop Work Order (AUG 1989)
52.242.17 Government Delay of Work (APR 1984)
F.2
PERIOD OF PERFORMANCE
The performance period of this contract is from date of contract award through 12 months for Basic Year of the contract and then 12 months for each option year of the contract if option years are exercised by the USG Government.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1
MONITORING OF THE CONTRACTOR
G.1.1 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
(AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this contract is the Assistant General Services Officer.
G.1.2 Duties The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.
G.2
SUBMISSION OF INVOICES
G.2.1 The Contractor shall submit invoices monthly in an original and 2 (two) copies to the Contracting' Officer's Representative (COR) at the following address:
American Embassy
Attn: FMO Voucher/DBO
2, Avenue Gabriel
75382 Paris Cedex 08
G.2.1.1 VALUE ADDED TAX.
VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.
G.2.2 Each invoice shall only include billing for one task order. For example, if services are provided under two separate task orders overlapping the same time period, submit two invoices.
G.2.3 A proper invoice shall comply with the requirements of Section I.1, FAR 52.232-25, “Prompt Payment”. Additionally, each invoice shall include the following information:
(1) Delivery Order Number;
(2) Description, type and number of vehicles, hourly and/or daily rate, number of days/hours provided and total amount.
(3) Applicable Task Order as well as the Daily Vehicle Use Record (Attachment B) to support the number of hours worked with an approving signature of an appropriate company officer.
G.2.4 Payment. The Government will make all payments in Euros.
G.3
ORDERING
G.3.1 Orders. All services under this contract shall be ordered on a Delivery Order Form OF 347 (Attachment A), issued by the Contracting Officer, as the need arises.
G.3.2 Pricing. Orders will include prices derived from the unit prices in Section B. Normally, each order will include a ceiling based, based upon multiplication of the unit prices by estimated quantities. The Contractor shall notify the COR when vehicle usage has reached a point of 75% of the total estimated amount. The Government may then modify the task order if necessary to add more funding and increase the vehicle usage estimates.
G.4
SELECTION OF AWARDEE FOR INDIVIDUAL TASK ORDERS
(a) If more than one Contractor receives an award for these services, the following procedures shall govern the issuance of individual task orders. The Contractor shall perform no work without a task order issued by the Contracting Officer.
(b) As the need for services arises, the Government will develop a price estimate.
If the estimate does not exceed US$3,000, the Government will follow the procedures in paragraph (c) below. If the estimate exceeds US$3000, the Government will follow the procedures in paragraph (d) below.
(c) Orders not exceeding US$3,000 - The Government will select a Contractor for the task order. This decision will be based on the Government's best interests, which may include factors such as estimated price; past performance record; need to meet contractual minimums; or desire to avoid exceeding task order limitations set forth in Section I, FAR 52.216-19, "Order Limitations".
(d) Orders exceeding US$3,000
(1) Unless one of the exceptions in paragraph (e) below applies, the Government will make its award selection based on the prices in the contract and past performance information gained as a result of Contractor performance under this contract.
(2) Selection of Contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. The Department of State has an Acquisition Ombudsman who will review complaints by Contractors to ensure that all Contractors are afforded a fair opportunity to be considered for these task orders under the terms of this contract.
(e) Exceptions to the procedures in paragraph (d) above:
(1) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or
(2) It is necessary to place an order to satisfy a minimum guarantee.
G.5 The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.
G.6
CANCELLATION OF ORDERS
Services may be cancelled by the U.S. Embassy under the following circumstances before the commencement of requested and/or reserved services:
(a) No penalty payments for cancellations no later than 24 hours.
(b) 50% of penalty payment of total amount of services for cancellations less than 24 hours of the commencement of services.
(c) No temporary interruptions or cancellations for either one or more hours during a daily rental period or for one or more days during a rental period of consecutive days shall result in price reductions or discounts for the US Government. This applies to all vehicle categories.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1
SECURITY
H.1.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract.
H.1.2 Time Requirements. Within ten (10) days after contract award, the Contractor shall submit a list with a minimum number of drivers’ names and their identification documents.
| Type of Vehicle |
| Minimum Number of Drivers |
| Sedan/Minivan/Shuttles |
| 40 |
| Coaches/Buses |
| 5 |
H.1.3 Reserved H.2
STANDARDS OF CONDUCT
(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.
(b) Uniforms. The Contractor's employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms. All employees shall wear accreditation at all times.
(c) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.
(e) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.
(f) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; and organizing or participating in gambling in any form.
H.3
PERSONNEL HEALTH REQUIREMENTS
All employees must be in good general health without physical disabilities that would interfere with the acceptable performance of their duties. All employees shall be free from communicable disease. They shall possess binocular vision, correctable to 20/30 (Snellen) and shall not be colorblind. They shall be capable of hearing ordinary conversation.
H.4
LAWFUL OPERATION, PERMITS, INSURANCE AND INDEMNIFICATION
Bonds. The Government imposes bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.
Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of such costs and must include all such costs in the fixed prices in this contract.
(c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to:
--negligence of the Contractor's personnel in the performance of this contract, or
--any cause arising from accidental, careless or irresponsible discharge of any firearms assigned to the Contractor's personnel.
The Contractor's assumption of absolute liability is independent of any insurance policies.
(d) Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:
General Liability
(1) Bodily Injury stated in Euros:
Per Occurrence/Cumulative
Unlimited
(2) Property Damage stated in Euros:
Per Occurrence/Cumulative
Unlimited
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.
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.
The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.
Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.
H.5
GOVERNMENT AS ADDITIONAL INSURED
The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State,” as an additional insured with respect to operations performed under this contract.
H.6
TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE
The Contractor shall provide evidence of the insurance within five (5) 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 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. When a self-insurer provides coverage, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval.
H.7
ORDERING OFFICIAL
The Contracting Officer is the designated ordering individual for this contract.
SECTION I - CONTRACT CLAUSES
I.1
FAR 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates the following 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 of an Internet "search engine" (for example, Google, Yahoo or Excite) is suggested to obtain the latest location of the most current FAR.
The following Federal Acquisition Regulation clauses are incorporated by reference (48 CFR CH. 1):
52.202-1
DEFINITIONS (NOV 2013)
52.203-3
GRATUITIES (APR 1984)
52.203-5
COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(SEP 2006)
52.203-7
ANTI-KICKBACK PROCEDURES (MAY 2014)
52.203-8
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2010)
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER
CONTENT PAPER (MAY 2011)
52.204-10
REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013)
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (AUG 2013)
52.209-9 Updates of PUBLICLY AVAILABLE Information Regarding
Responsibility Matters (JUL 2013)
52.215-2
AUDIT AND RECORDS - NEGOTIATION
(OCT 2010)
52.215-8
ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-11
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING
DATA – MODIFICATIONS (AUG 2011)
52.215-13
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –
MODIFICATIONS (OCT 2010)
52.215-14
INTEGRITY OF UNIT PRICES (OCT 2010)
52.215-21
REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA
OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS
(OCT 2010)
52.222-19
CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES
(JAN 2014)
52.222-50
COMBATING TRAFFICKING IN PERSONS (FEB 2009)
52.223-18
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING (AUG 2011)
52.225-5
TRADE AGREEMENTS (NOV 2013)
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)
52.225-14
INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)
52.228-4 Worker’s Compensation and War-Hazard Insurance
Overseas (APR 1984)
52.228-5
INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6
TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.232-1
PAYMENTS (APR 1984)
52.232-8
DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
52.232-11
EXTRAS (APR 1984)
52.232-17
INTEREST (OCT 2010)
53.232-18
AVAILABILITY OF FUNDS (APR 1984)
52.232-24
PROHIBITION OF ASSIGNMENT OF CLAIMS (JAN 1986)
52.232-25
PROMPT PAYMENT (JUL 2013)
52.232-32
PERFORMANCE-BASED PAYMENTS (APR 2012)
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.233-1 DISPUTES (JUL 2002), Alternate I (MAY 2014) 52.233-3
PROTEST AFTER AWARD
(AUG 1996)
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (APR 1984)
52.237-3
CONTINUITY OF SERVICES (JAN 1991)
52.242-13
BANKRUPTCY (JUL 1995)
52.243-1 CHANGES - FIXED-PRICE (AUG 1987), Alternate I (APR 1984) 52.245-9
USE AND CHARGES (APR 2012)
52.246-25
LIMITATION OF LIABILITY – SERVICES (FEB 1997)
52.248-1
VALUE ENGINEERING (OCT 2010)
52.249-4
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)
(SHORT FORM) (APR 1984)
52.249-8
DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
52.253-1
COMPUTER GENERATED FORMS (JAN 1991)
FAR Clauses Included in Full Text
I.2 52.216-18
ORDERING (OCT 1995)
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of Contract award through base period or option periods if exercised.
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
I.3 52.216-19
ORDER LIMITATIONS (OCT 1995)
Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 Euros, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of 50 vehicles per day;
(2) Any order for a combination of items in excess of, 100 vehicles per day; or
(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
I.4
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 Deliver-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.
I.5 RESERVED
DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES:
I.6
DOSAR FULL TEXT CLAUSES
652.204-70
DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (MAY 2011)
(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
652.216-70
ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)
The Government shall use one of the following forms to issue orders under this contract:
The Optional Form (OF) 347, Order for Supplies or Services and Optional Form 348, Order for Supplies or Services Schedule – Continuation; or
The Optional Form (OF) 206, Purchase Order, Receiving Report and Voucher, and Optional Form 206A, Continuation Sheet.
652.225-71
SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979
as amended (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel,…
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