SFSIAQ13Q0017.pdf

SOLICITATION/CONTRACT/ORDER FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

103103242113

5. SOLICITATION NUMBER

SFSIAQ13Q0017

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/03/2013

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Erin E. Williams

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL williamsee3@State.gov

8. OFFER DUE DATE / LOCAL

TIME

06/05/2013 09:00:00

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611430

SIZE STANDARD:

$7 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITYCODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY

BUDGET OFC (FSI/EX/BUD)

FOREIGN SERVICE INSTITUTE

BUDGET & MANAGEMENT OFFICE

WASHINGTON, DC 20520-4201

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN__3__COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Erin E. Williams 31c. DATE SIGNED

05/03/2013

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SFSIAQ13Q0017

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Summary Info Continuation Page Continuation Sheet

Table of Contents

Section Description Page Number

A Solicitation/Contract Form 0 Commercial Clauses

FSI1 FSI Invoicing Instructions B Supplies or Services and Prices/Costs

B Supplies or Services and Prices C Descriptions/Specifications/Statement of Work

C.1 Statement of Work Senior Executive Threshold Seminar E Inspection and Acceptance

E Inspection and Acceptance F Deliveries or Performance

F Period of Performance G Contract Administration Data

G Contract Administration Data

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

H Special Contract Requirements H Requirements

I Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2012) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.212-3 Offer Representations and Certifications--Commercial Items (Feb 2012)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors--Commercial Items (Feb 2012) L Instructions 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M Evaluation Criteria 52.212-2 Evaluation - Commercial Items (Jan 1999)

Section 0 - Commercial Clauses

FSI1 FSI Invoicing Instructions 01/01/2005

Contractor shall submit invoice to one of the following addresses:

FSIPayable@state.gov or

Department of State

Foreign Service Institute

Washington, D. C. 20520-4201

ATTN: Office of Budget and Management

Your invoice must include the following information:

(1) your name and address to which payment is to be made;

(2) your DUNS number and tax identificiation numbers (for individuals this is your SSN);

(3) the order numbers in Blocks 3 and 4;

(4) the correct amount owed by FSI;

(5) time payment discount, even if 'net';

(6) itemized billing;

(7) show ordering office in block 10;

(8) cite contract number (Block 2) as well as requisition number (Block 4) in all correspondence;

(9) unique vendor invoice number;

(10) contact name and telephone number;

(11) invoice date;

(12) description, price, and quantity of goods/services.

Failure to submit an invoice with all required information will result in invoice being returned for proper submission.

Payment under this purchase order will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the designated office, or (2) the date the services are accepted by the Government.

(end of clause)

001 Senior Executive Threshold Seminar See Section C.1 for Statement of Work

0.00 EA

Base Year Doc Ref No: 103103242113

Delivery Date (Start to End) Date FOB:

07/01/2013 to 06/30/2014 Destination

002 Senior Executive Threshold Seminar See Section C.1 for Statement of Work

0.00 EA

Option Year 1 Doc Ref No: 103103242113

Delivery Date (Start to End) Date FOB:

07/01/2014 to 06/30/2015 Destination

003 Senior Executive Threshold Seminar See Section C.1 for Statement of Work

0.00 EA

Option Year 2 Doc Ref No: 103103242113

Delivery Date (Start to End) Date FOB:

07/01/2015 to 06/30/2016 Destination

004 Senior Executive Threshold Seminar See Section C.1 for Statement of Work

0.00 EA

Option Year 3 Doc Ref No: 103103242113

Delivery Date (Start to End) Date FOB:

07/01/2016 to 06/30/2017 Destination

005 Senior Executive Threshold Seminar See Section C.1 for Statement of Work

0.00 EA

Option Year 4 Doc Ref No: 103103242113

Delivery Date (Start to End) Date FOB:

07/01/2017 to 06/30/2018 Destination

B Supplies or Services and Prices

Section B – Supplies or Services, and Prices/Costs

B. 1. The Foreign Service Institute, Department of State, anticipates the award of a

Blanket Purchase Agreement (BPA), which establishes the terms and conditions applicable to future purchases and orders.

B. 2. The services shall be performed in accordance with Section C –Description, Specifications, and Statement of Work and as further described elsewhere in this document.

B.3 Contractor shall provide a PER SESSION fully loaded, firm fixed labor rate as outlined.

CLIN 001 – Senior Executive Threshold Seminar (On or about)

Base Year: $__________ per session July 1, 2013 – June 30, 2014

SFSIAQ13Q0017

Line Item Summary

Solicitation Number:

SFSIAQ13Q0017

Contract Number: Title: Solicitation for SETS presentation

Date of Solicitation:

05/03/2013

Line Item No. Description Quantity Unit Unit Price Total Cost

Option Year 1: $__________ per session July 1, 2014 – June 30, 2015

Option Year 2: $__________ per session July 1, 2015 – June 30, 2016

Option Year 3: $__________ per session July 1, 2016 – June 30, 2017

Option Year 4: $__________ per session July 1, 2017 – June 30, 2018

B.4 This solicitation is open to all sources. This will not be set-aside for any Office of Small and Disadvantaged Business Utilization groups.

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work Senior Executive Threshold Seminar

Presentation to the Senior Executive Threshold Seminar

Global Trends Impacting Foreign Affairs

I. OVERVIEW

Professional services are required by the Executive Development Division (EDD) Division, to deliver four (4) to five (5) annual offerings of a two hour strategic thinking presentation during the Senior Executive Threshold Seminar (SETS) at the George P. Shultz National Foreign Affairs Training Center in Arlington, Virginia.

The Leadership and Management School, Executive Development Division provides senior-and executive-level training for Civil Service, Foreign Service and in some instances, military employees.

Courses on how to coach, lead a team or solve problems in creative ways are offered through this division. Custom workshops, conference sessions and consulting are offered as well.

The Senior Executive Threshold Seminar prepares newly promoted Senior Executive Service and Senior Foreign Service Officers for the challenges they will face leading across agency and international boundaries. The culmination of the mandatory leadership training continuum, SETS focuses on the specific skills necessary for successful performance at the most senior levels of government including visioning and strategic thinking, working across organizational boundaries, and managing conflict.

II. GENERAL REQUIREMENTS

The contractor will design, develop, and deliver classroom training presentation to support the course goals and objectives.

Audience: Approximately 24 - 28 newly promoted senior federal executives including Senior Foreign Service (FE-OC), Senior Executive Service (SES) Officers and on occasion senior officials from the military and other federal agencies with involvement in foreign affairs.

Length of SETS course: 10 days

Length of presentation: 2 hours - 90 minute presentation and 30 minutes for questions and answers

***This solicitation is not for the entire course. 90 minute presentation only and 30 minute question and answer session***

III. GOALS OF PRESENTATION

Participants of the course will learn how to effectively pursue US Government (USG) interests in foreign affairs environments, specifically long - term strategic planning in an international environment in the years 2030 and beyond.

The presentation should provide students with data in a manner that allows students to think innovatively about how key global trends will affect foreign policy development now and for decades to follow. Of particular interest would be information on global trends in population , resource management, climate change, technological innovation and diffusion, information and knowledge management, economics, the nature and mode of security, and the challenge of governance.

Participants learn to:

* Refine executive-level interpersonal skills;

*Increase abilities to build interdisciplinary teams and collaborative relationships across organizational and political boundaries;

* Understand the challenges and expectations of people at the top of their organizations;

* Develop strategies for successful inter-agency and multilateral approaches to domestic and international problems

Office of Personnel Management (OPM) Competencies Addressed:

Conflict Management

Creativity and Innovation

Decisiveness

Developing others

External Awareness

Influencing/Negotiating

Integrity/Honesty

Interpersonal Skills

Oral Communication

Partnering

Problem Solving

Strategic Thinking

Team Building

Vision

Foreign Service (FS) Precepts Addressed:

Active Listening

Critical Thinking

Decision Making and Judgment

Oral Communication

Persuasion and Negotiation

Professional Standards

Team Building

Workplace Perceptiveness

IV. SPECIFIC REQUIREMENTS

Quote proposals should base presentation on bi-partisan research, use of foreign policy participants and provide web resources for class participants who can access studies.

*The presentation should identify trends that will shape the world in the next 10-20 years.

*The presentation should be research-based.

*The presentation should be tailored to leaders in the foreign affairs arena.

*The presentation should incorporate and reflect the thinking of well-known leaders in foreign affairs (e.g., former Secretaries of State, National Security Advisors, etc.)

*The presentation cannot be partisan.

Section E - Inspection and Acceptance

E Inspection and Acceptance

Section E – Inspection and Acceptance

E. 1. Inspection and acceptance of the services to be provided hereunder shall be made by the Government Technical Monitor (GTM) or Contracting Officer's Representative (COR).

All work performed under this contract shall be of the highest quality standards, consistent with best industry practices, to assure timely provision of services, optimum Department of State satisfaction, and adequate protection of Government assets.

All work performed under this contract shall be of the highest quality standards, consistent with best industry practices, to assure timely provision of services, optimum Department of State satisfaction, and adequate protection of Government assets.

All work performed under this contract shall be of the highest quality standards, consistent with best industry practices, to assure timely provision of services, optimum Department of State satisfaction, and adequate protection of Government assets.

E. 2. The Role of Government Personnel and Responsibility for Contractor Administration:

A. Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

B. Contracting Officer's Representative (COR): The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority;

using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered.

C. Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities. The responsibilities of the GTM include, but are not limited to: monitoring and inspecting the Contractor's progress and performance; evaluating contractor performance with the terms and conditions of this contract; acting as the Government's representative at the work site; advising the contractor of proposed deductions for non-performance or unsatisfactory performance; preparing receiving reports and/or approving invoices for payment; and advising the COR of any factors which may cause delay in work performance.

Section F - Deliveries or Performance

F Period of Performance

Section F – Deliveries or Performance

F.1- PERIOD OF PERFORMANCE (On or about)

This Blanket Purchase Agreement is for one base year with four one-year options. Actual task orders for services may be issued any time from date of award through June 30, 2018, provided both option years are exercised. Specific dates, days and number of hours will be coordinated between the contractor and the Contracting Officer's Representative and specified in each Task Order.

Base Year: July 1, 2013 – June 30, 2014

Option Year 1: July 1, 2014 – June 30, 2015

Option Year 2: July 1, 2015 – June 30, 2016

Option Year 3: July 1, 2016 – June 30, 2017

Option Year 4: July 1, 2017 – June 30, 2018

F.2 PLACE OF PERFORMANCE

Services under this contract will be performed primarily at the Government's facility located at the George P.

Shultz National Foreign Affairs Training Center (FSI) at 4000 Arlington Boulevard Arlington, VA.

F.3 NORMAL HOURS OF OPERATION

The normal hours of operation at FSI are Monday through Friday from 8:15 am to 5:00 pm.

F.4 SESSIONS

Scheduling of course will be at the discretion of the program office. The tentative course dates for fiscal year 2013 are as follows:

The week of January 28, 2013

The week of April 22, 2013

The week of August 12, 2013

The week of September 9, 2013

The week of October 21, 2013

Additional sessions may be scheduled by the program office on an as needed basis.

F.5 GOVERNMENT CLOSURE

Should the Federal Government of the Department of State, Foreign Service Institute, close for any reason (e.g., snow storm, terrorist threat, emergency situation, etc.) and the contractor is unable to perform the services, the contractor shall not be paid for that day.

Observance of Legal Holidays and Government Closure:

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

New Year's Day

Martin Luther King's Birthday

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

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

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

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

(d) Government Closure (Per Session/Per Course) Should the Federal Government or the Department of State, Foreign Service Institute, close for any reason (e.g., snow storm, terrorist threat, emergency situation, etc.) and the contractor is unable to perform services, the contractor shall not be paid for that day. If the contractor has done preparation prior to the cancelled session (verified by the COR), the contractor shall be paid xx percent of the cost of one session for preparation time. If the course is rescheduled, the contractor will be given an opportunity to provide services on a new date. If the course is partially completed when Government closure occurs, the contractor shall be paid based upon the actual number of days worked. For example, if a 5-day course is cancelled after completion of the third day due to Government closure, the contractor shall be paid 3/5 of the contract price.

F.6 Course Cancellation

Should the Department of State need to cancel a class due to low enrollment or any other reason, the Government will give the Contractor notice of at least 10 business days before the class without penalty.

Should the Department of State cancel a class within the 10 day window, the COR will discuss with the Contractor and review and prep work that has been done up to that point. Any reimbursement will be made at the discretion of the COR.

Section G - Contract Administration Data

G Contract Administration Data

The Contracting Officer shall issue a written BPA Call to the Contractor providing the necessary funding and authorizing the Contractor to begin work.

The Government shall not be obligated to pay the Contractor any amount in excess of the total BPA Call funded amount, and the Contractor shall not be obligated to continue performance if to do so would exceed the total BPA Call funded amount. The contractor shall not perform work beyond the period of performance unless a modification is issued by the Contracting Officer.

The Government reserves the right to terminate for convenience of the Government a BPA Call, upon written notice from the Contracting Officer.

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) 08/01/1999

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is to be determined upon award of each BPA Call.

(End of clause)

Section H - Special Contract Requirements

H Requirements

Section H – SPECIAL CONTRACT REQUIREMENTS

H.1 REMOVAL FROM DUTY

The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance.

The Contractor shall be responsible for maintaining satisfactory standards of conduct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

H.2 CONTRACTOR RESPONSIBILITY

The contractor, not the government shall exercise supervision and control over the contractor's personnel. The contractor is responsible to the government.

The contractor is to ensure that the professional personnel assigned to this contract have the training, skills, clearances and certifications necessary to perform the general requirements of this contract.

The contractor shall be responsible for the health and safety of its employees and for any injury or damage to them. The contractor shall be responsible at its own expense for loss and/or damage to government property or personnel resulting from contractor fault or negligence or from the fault of its employees.

H.3 CONTRACTOR SELF IDENTIFICATION

All contractor personnel attending meetings, answering Government telephones, and/or working in other siutations where their contractor status is not obvious to thirs parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel, or Congress that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize Government letterhead for any correspondence between the contractor and any other entity depicting or imitating that the Contractor is a member/employee of the US Government, either as an individual or as a company/corporation. Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

H.4 Non-Payment for Unauthorized Work No payments will be made for any unauthorized services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.5 Smoke Free Workplace Notice

(a) The Department of State has been designated a smoke free workplace.

(b) Definitions: “Smoking” means a lighted cigar, cigarette, pipe or other tobacco product. “Smoking areas” means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Shultz Center complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented, or leased vehicles.

(d) Policy: It is the policy of the Department of State to promote a healthy environment. Accordingly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.

No payments will be made for any unauthorized services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.5 Smoke Free Workplace Notice

(a) The Department of State has been designated a smoke free workplace.

(b) Definitions: “Smoking” means a lighted cigar, cigarette, pipe or other tobacco product. “Smoking areas” means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Shultz Center complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented, or leased vehicles.

(d) Policy: It is the policy of the Department of State to promote a healthy environment. Accordingly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.

H.6 FSI Parking Program All parking related documentation will be given to the awarded contractor at the post-award orientation.

However, it is assumed that all motor traffic regulations will be followed and FSI parking permits will be obtained per the General Service Office’s guidance.

Section I - Contract Clauses

Clauses By Reference Clause Title Date 52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012) 02/02/2012

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2012)

02/02/2012

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

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

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

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

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

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

[Contracting Officer check as appropriate.] x(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

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

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

x(4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L.

109–282) (31 U.S.C. 6101 note).

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

111-5).

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

__(7) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313).

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

110–161).

__(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(11) [Reserved]

__(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__(ii) Alternate I (Nov 2011).

__(iii) Alternate II (Nov 2011).

__(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

x(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

__(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

x(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2011) (15 U.S.C. 632(a)(2)).

__(24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__(25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

x(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

x(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

x(29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

x(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

x(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

x(32) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

__(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__(34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).

__(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

__(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

__(36) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

x(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

x(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__(40)(i) 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act (June 2009) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__(41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x(42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

__(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

__(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C.

2307(f)).

x(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C.

3332).

x(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

__(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

351, et seq.).

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

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

206 and 41 U.S.C. 351, et seq.).

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 03/27/2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 02/01/1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

52.212-3 Offer Representations and Certifications--Commercial Items (Feb 2012) 02/02/2012

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology --

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically --

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"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 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 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 size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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 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 business concern" means a concern which 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 its stock is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"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 its stock is owned by one or more women; and

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women…