SGE50014R0047.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50014R0047

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

DATE

09/19/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Chris Heck

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL HeckC@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR 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:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

VARIOUS

NOT AVAILABLE

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR MULTICODE18a. PAYMENT WILL BE MADE BY

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

OFFER X 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

See Line Item Detail

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 X ARE 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 __1__ 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.

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50014R0047

10/19/2014, 23:59

VARIOUS

NOT AVAILABLE

001 BASE YEAR 1.00 YR

MAIL SCREENING FACILITY CONTAINERS

(Start to End) Date FOB:

11/15/2014 to 10/14/2015 Destination

1001 FIRST OPTION YEAR 1.00 YR

MAIL SCREENING FACILITY CONTAINERS

(Start to End) Date FOB:

11/15/2015 to 10/14/2016 Destination

2001 SECOND OPTION YEAR 1.00 YR

MAIL SCREENING FACILITY CONTAINERS

(Start to End) Date FOB:

11/15/2016 to 10/14/2017 Destination

3001 THIRD OPTION YEAR 1.00 YR

MAIL SCREENING FACILITY CONTAINERS

(Start to End) Date FOB:

11/15/2017 to 10/14/2018 Destination

4001 FOURTH OPTION YEAR 1.00 YR

MAIL SCREENING FACILITY CONTAINERS

(Start to End) Date FOB:

11/15/2018 to 10/14/2019 Destination

SGE50014R0047

Line Item Summary

Solicitation Number:

SGE50014R0047

Contract Number: Title: OBO MSFC Date of Solicitation:

09/19/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Please do not enter any pricing on this form.

SGE50014R0047 OBO / World Wide Mail Screening Facility Containers & Shipping to Posts Page 3 of 71

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, Prices, Block 23

• Continuation To SF-1449, Schedule Of Supplies / Services, Block 20 Description /

Specifications / Work Statement

• Attachment 2a – Division 1 General Specifications, Sections 011010, 013310, 014010, 017710, 017810

• Attachment 2b – Specification Sections 061000, 072100, 081115, 089000 , 096517, 099112, 099600, 115355, 133435, 230505, 230905, 260505, 260519, 260526, 260534,260553,260923, 262416, 262726, 262816, 262100, 270526, 271305, 271505 and 271543

• Attachment 3.1 through 3.6 – Delivery Order Pricing Request Forms for Sample / Pricing Requirements

• Attachment 4 – Plug Types

• Attachment 5 – Door Types

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

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

Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

• Attachment 1 – Contract Information Sheet / Experience Listing

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SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449

PRICES – BLOCK 23

I BACKGROUND / SCOPE OF SERVICES

A. Contractor shall perform all design, engineering and manufacturing services for the development of review documents and for the manufacture and delivery of prefab mail screening facility containers in accordance with the Statement of Work set forth in Section 1, and the attachments and all other documents incorporated into this contract, and in strict conformance with the contract clauses and any special conditions contained herein.

B. The USG intends to award one to three contracts against the solicitation.

C. The contracts shall remain unfunded. The contracting office shall issue the contractor separate funded task orders per post / requirement.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO

Contracting Officer

COR

Contracting Officer Representative

DO

Delivery Order

GFE

Government Furnished Equipment

GTM

Government Technical Monitor

LS

Lump Sum

OBO

Overseas Buildings Operations

QA

Quality Assurance

QC

Quality Control

QCP

Quality Control Plan

QTY

Quantity

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SOW

Statement of Work

TBD

To be determined

USG

U.S. Government

III PRICES

A. The contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed-price indicated below and within the time specified herein.

This individual project prices shall include all labor, materials, profit, and, if applicable, value added tax (VAT).

Any costs not separately priced will be considered to be included in the individual project prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

Changes in the individual project prices or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government as determined and approved by the Contracting Officer.

The currency shall be fixed and cannot be changed by modification to the contract.

The only reimbursable items shall be the VAT and the Defense Base Act Insurance

(DBA).

B. VAT – If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the US Government.

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C. CONTRACT MINIMUM / MAXIMUM ORDER

The USG guarantees a minimum order of one (1) each container including shipping for the term of the contract. The maximum ordered against any one contract awarded shall not exceed one hundred (100) each containers.

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

D.1 Offeror, insert the currency of prices offered __________________

Offerors shall insert the prices into the delivery order pricing requests provided as Attachments 3.1 through 3.6 (3.1 through 3.5 are ‘fake’ requirements for evaluation purposes only, 3.6 is an actual requirement which will be awarded as a result of this solicitation). For the purpose of this solicitation only, the combinations of posts, electrical outlet types, and required voltage / frequency shall be accepted as factual and correct.

D.2 BASE YEAR – November 15, 2014 through November 14, 2015

All unit prices shall be determined by task order competition or sole source negotiations.

CLIN Description Unit Unit Price Est.

Qty Fixed Price

Production of mail screening facility containers as per OBO approved specifications and shop drawings, to include minor adjustments to match destinations’ electrical system, etc.

job

Priced per delivery order

(Ppdo)

Ppdo

002 Fob Door-to-Door Shipping (including all required documentation, excluding customs clearance and offloading) of item under 001 job Ppdo 20 Ppdo

003 VAT, if applicable ls Ppdo 20 Ppdo

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D.3 FIRST OPTION YEAR – November 15, 2015 through November 14, 2016 specifications and shop drawings, to order (Ppdo)

1002 Fob Door-to-Door Shipping (including all required documentation, excluding customs under 1001

1003 VAT, if applicable

D.4 SECOND OPTION YEAR – November 15, 2016 through November 14, 2017 specifications and shop drawings, to

2002 Fob Door-to-Door Shipping (including all required documentation, excluding customs under 2001

2003 VAT, if applicable

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D.5 THIRD OPTION YEAR – November 15, 2017 through November 14, 2018 specifications and shop drawings, to

3002 Fob Door-to-Door Shipping (including all required documentation, excluding customs under 3001

3003 VAT, if applicable ls Ppdo 20 Ppdo

D.6 FOURTH OPTION YEAR – November 15, 2018 through November 14, 2019 specifications and shop drawings, to

4002 Fob Door-to-Door Shipping (including all required documentation, excluding customs under 4001

4003 VAT, if applicable ls Ppdo 20 Ppdo

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CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES / SERVICES, BLOCK 20

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

IV SPECIFICATIONS

A. PROJECT TITLE

Design, production and world-wide delivery of prefab mail screening facility containers

B. PROJECT DESCRIPTION AND SCOPE

OBO requires design, production and shipping services for prefab mail screening facility containers as per the basic specifications in this contract document plus minor modifications to match the electrical system of the post of delivery. Section 133435 in Attachment 2B shows configuration outlines which are chosen based on specific post outlay and requirements.

Offerors shall provide design / shop drawings / specifications for all three outlines.

The information which design to offer for a specific post shall be included on the individual request form (see Attachment 3.1 through 3.6).

The requirement includes FOB destination door-to-door shipping, i.e. to the final destination (Embassy or Consulate), not just to the nearest port, station, airport or depot. It shall include all documentation required for post’s customs clearance. It shall exclude customs clearance, the offloading, connection or any storage fees if delivery is delayed by the USG. If the contractor does not provide in-house shipping services, it shall subcontract with a reputable and reliable shipping company for that purpose.

C. FORMATS

The contractor shall develop all shop drawings and specifications in a uniform size, industry standard for shop drawings and either A4 or letter sized paper for specifications and other documents. The USG does not require the use of any specific software for the shop drawings. All documents, drawings and specifications shall be prepared English and all shop drawings shall be developed in “hard metric”.

D. REQUIREMENTS / SPECIFICATIONS

The applicable OBO Division 1 and 2 Specifications and Sections are provided as Attachment 2A and 2B and describe OBO’s general requirements for the project. The contractor shall match these to its specific production process and its product offered and submit complete specifications as part of its technical proposal. Examples of various plug types are illustrated in Attachment 4 and of door types in Attachment 5.

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Contractors shall include in their delivery a small quantity of paint for repair of minor damage incurred during shipping and for later minor repairs at post. Where heaters are required (see section 133435 in Attachment 2B), they shall be supplied in a neutral color, e.g. light gray.

E. SUBMITTAL

The technical submittal shall include:

1. Specifications, including product cut sheets for a/c, heaters and biological safety cabinets.

2. Complete shop drawings

All documents shall be submitted by e-mail.

F. DELIVERABLES / MILESTONES / REPORTS

Deliverable items called out in this contract shall be delivered in accordance with the following delivery schedule. The contractor(s) shall start production within 3 working days of receipt of a signed and funded delivery order and production shall be completed including all tests no more than 62 calendar days later.

NOTE: Any and all costs for the preparation, handling, mailing and submission of progress reports or any other required reports and documentation shall be included in the total price of each delivery order.

The contractor shall be responsible for creating, maintaining, and disposing of only those government-required records that are specifically cited in this SOW. If requested by the USG, the contractor shall provide the original record or a reproducible copy of any such record within five working days of receipt of the request.

Report, Document or Milestone Deliver to and how Due date

Draft version of Management Plan (para R)

CO, by e-mail As part of the offer

Final version of Management Plan (para R)

COR, by e-mail 15 calendar days after receipt of contract award

Progress Report (para G) COR, by e-mail Every 14 calendar days after receipt of signed

DO

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Production and Testing completed (para F) n/a 65th day after receipt of signed DO

Start of Shipping Period (para F) 66th day after receipt of signed DO

End of Shipping Period / Arrival at final destination

Post, as per instructions from Shipping Section

As per instructions on individual DO

Invoices (para U.3 and Section 2, FAR 52.212-4 g.1)

Post, by e-mail Upon receipt of container at post

As-Built / Shop Drawings, Use / Maintenance Instructions and Warranties (para I)

Post: one hard copy and one CD to be included within MSFC

COR: by e-mail

At the same time as shipment of container.

NOTE: Payment on delivery orders will not be approved until receipt of all documents

Shipping Documents (para K) Post: Pre-shipping by e-mail, Documents by courier or express mail

At the same time as shipment of container.

Advance copies may be required depending on the host country regulations.

Warranty Documents (para J) Post, by courier or express mail At the same time as shipment of container.

Insurance (para III.B.b and O.3) COR by e-mail 15 calendar days after contract award

G. PROGRESS REPORT

Progress reports shall be submitted by e-mail to the COR every 14 calendar days after receipt of delivery order. Reports shall contain information relevant to this project, including, but not limited to, production progress in percent, arising or occurring problems and possible or proposed solutions, shipping information and questions that require answers or directions from the COR.

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H. NOTICE OF DELAY

In the event the contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the contractor believes may result in completion of the individual delivery order after the completion date, the contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the production and/or shipping periods, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved production and/or shipping periods shall only be made with the approval of the Contracting Officer.

I. "AS-BUILT" DOCUMENTS

The contractor shall provide one (1) hardcopy and one CD of the “as-built drawings” inside the mail screening facility container. The contractor shall e-mail the “as-built drawings” to the COR upon shipment. Said drawings shall be marked to include deviations from the approved design drawings.

J. SPECIAL WARRANTIES

J.1 Special Warranty Obligations

Any special warranties that may be required under the contract shall be subject to the stipulations set forth in Section 2, 52.246-18, "Warranty of Supplies of a Complex Nature" insofar as they do not conflict with the provisions of such special warranties.

J.2 Warranty Information

The contractor shall obtain and furnish to the Government all information that is required in order to make any subcontractor, manufacturer, or supplier's guaranty or warranty legally binding and effective, and shall submit both the information and the guaranty or warranty to the Government at the same time as shipping the items covered by such guaranty or warranty. Documents shall be submitted by courier or express mail.

K. SHIPPING, DOCUMENTS AND FINAL ACCEPTANCE

K.1 Responsibility Shipping to post or any Government specified destination shall be the contractor’s responsibility.

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K.2 Shipping Documents

The contractor shall obtain and furnish to the Government all information and documents regarding shipment, including but not limited to shipping dates and immediate updates in case of changes or delays (e.g. different vessel), bill of lading, customs clearance, title documents, etc. Pre-shipping information and notifications shall be submitted by e-mail, documents shall be submitted by courier or express mail.

K.3 Acceptance

The USG reserves the right to inspect the mail screening facility container prior to shipment. The contractor shall notify the COR a minimum of 10 business days prior to completion of the facility. The USG shall perform final acceptance at the final destination, the Embassy or Consulate facility.

L. PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material produced for the USG will be the sole property of the USG. The contractor shall not release any concepts, material in production, or produced material to anyone, unless authorized by the USG. The following considerations shall be followed by the contractor and/or shall be incorporated into the design documents / shop drawings.

a. All documents received or generated under the contract are the property of the US

Government.

b. All documents shall be controlled and disseminated on a need-to-know basis.

Reproduction and distribution is prohibited without express approval of the US Government. All design documents / shop drawings generated shall be annotated as follows:

WARNING

This document is the property of the US Government.

Further reproduction and / or distribution are prohibited without the express written approval of the US Government.

c. All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the USG.

d. Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

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e. The USG shall be afforded the opportunity to review all photographs and / or negatives in advance of any public use, and reserves the right to deny such use.

No further dissemination, publication, duplication, or other use beyond that which was requested and approved is authorized without specific advance written approval from the USG.

f. The USG reserves the right to demand retention of all copies of said photographs and / or negatives, following fulfillment of the previously authorized usage.

M. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract / the delivery order issued against it.

N. GOVERNMENT FURNISHED EQUIPMENT

NONE

O. INSURANCE

O.1 The contractor shall provide whatever insurance is legally necessary according to the host country’s laws and regulations. The contractor, shall, at its own expense, provide and maintain during the entire performance period the required insurance.

The contractor shall also obtain adequate insurance for damage to or theft of materials and equipment. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

O.2 The contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the contractor, its officers, agents, servants, and employees, or 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 there from, except in the instance of gross negligence on the part of the Government.

O.3 TIME FOR SUBMISSION – The contractor shall provide evidence of the insurance required under this contract to the COR within fifteen (15) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

P. USG RIGHTS

The USG reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract and / or during the contract performance period.

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R. CONTRACTOR MANAGEMENT PLAN

Offerors shall submit a draft version of their management plan as part of their proposal. Contractors shall submit the final version no later than 15 calendar days after receipt of a contract award.

a. The contractor’s management plan shall:

• describe the organization of the work force,

• specify the names and responsibilities of the principal manager and the supervisors under this project,

• indicate the manner in which you assure quality products and (shipping) service,

• state the frequency of inspections and the use of operational records

• include organizational and functional charts reflecting the line of management responsibility

b. Inspection System – The contractor’s management plan shall establish an inspection system covering all supplies and services stated in Section 1, The Schedule. The inspection system shall:

a. specify areas to be inspected on a scheduled basis;

b. include a method of identifying deficiencies in the quality of supplies and / or services before the level of performance becomes unacceptable;

c. include a filing system for all inspections conducted by the contractor and the corrective action taken.

This documentation shall be made available to the USG during the term of the contract.

The contractor shall obtain the COR’s approval prior to making any changes in its management plan. If directed by the COR, the contractor shall submit said changes in writing as a proposal for Government review and approval / disapproval.

T. LAWS AND REGULATIONS

T.1 Compliance Required – The contractor shall, without additional expense to the

Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

T.2 Labor, Health and Safety Laws and Customs – The contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

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T.3 A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees. Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

T.4 The only items that the USG will consider for price adjustments are those are mandated by the host country government (e.g. changes in the VAT rate) or by other mandatory requirements (e.g. minimum hourly wage or health insurance rate).

U. CONTRACT ADMINISTRATION DATA

U.1 Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

U.2 Government Personnel

Contracting Officer: Frederick Washington

Contract Administrator: Chris Heck E-mail address: HeckC@state.gov

Contracting Officer's Representative (COR): to be named with or after contract award

U.3 Invoices, Review and Payment

Invoices shall be issued upon receipt of the container at post (i.e. final destination).

Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

The contractor shall e-mail the invoice as pdf document to the COR and to post as per the instructions in the individual DOs. The post procurement point of contact will review the invoice and, if it’s correct, forward it to the post FMC for payment. If there are mistakes, the post procurement point of contact shall inform the contractor and the COR which corrections are required.

The post procurement point of contact will confirm to the post finance office if the invoiced work has been performed satisfactorily (i.e. issue the receiving report).

mailto:HeckC@state.gov

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Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

Payment shall be made in the currency the contractor specified in Section I, Prices.

U.4 ADVANCE PAYMENT shall not be authorized under this contract.

U.5 CHANGES IN OWNERSHIP – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract

V. FUNDING / TASK ORDERS / PROCEDURES

V.1 The contract remains unfunded; funding will be provided by issuing separate individual task orders for each MSFC / post. Each task order will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Delivery order number

• Name of person placing the order

• Quantity, unit price, and total price of each item or service, less applicable discounts

• VAT or other taxes as a separate item, if applicable

• COR and post points of contact, including e-mail addresses

• applicable contract clauses, either in reference or in full text if necessary

V.2 Only an RPSO Contracting Officer may place a written order.

V.3 If more than one contractor has received an award against this solicitation, the following procedures shall govern the issuance of individual orders. No work shall be performed without an order or a modification to an existing order being issued to the contractor by the Contracting Officer.

V.4 During the base year, the USG expects to issue twenty (20) orders to various destinations. The USG shall compete each individual requirement among all contractors based on cost and delivery time. The USG shall issue to all contractors an informal request for pricing by e-mail (see Attachment 3 for samples). Said request shall include the final destination, the maximum delivery time, the submission deadline and any other pertinent information. Contractors shall submit their written quotes by e-mail.

V.5 Regardless of whether the procedures in paragraph V.4 above were followed, selection of contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the

Mail Screening Facility Containers & Shipping to Posts Page 18 of 71 scope, period, or maximum value of the contract. However, the Department of State does have an Acquisition Ombudsman who will review complaints by contractors to ensure that all contractors are afforded a fair opportunity to be considered for these delivery orders, pursuant to the procedures for award of task orders established herein.

V.6 Exceptions to the above procedures:

a. The agency need for the item is of such urgency that providing such competitive opportunity would result in unacceptable delays;

b. 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.

W. CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

X. START / PERIOD OF PERFORMANCE

Contract performance is estimated to start November 15, 2014. The period of performance is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

The Government may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

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Y. ASBESTOS-CONTAINING MATERIALS RESTRICTION

Asbestos-free materials shall be used. The Government reserves the right, at no additional cost to the Government, to disapprove and to disallow the installation of any item containing asbestos.

SPACE INTENTIONALLY LEFT BLANK

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SECTION 2 – CONTRACT CLAUSES

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2014)

a. Inspection / Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

b. Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

c. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

d. Disputes. This contract is subject to 41 U.S.C. chapter71. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

e. Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

f. Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, Mail Screening Facility Containers & Shipping to Posts Page 21 of 71 quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

g. Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.

An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—

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System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

h. Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

i. Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109 which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

j. Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

k. Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

l. Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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m. Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

n. Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

o. Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

p. Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

q. Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

r. Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections, 49 U.S.C. 40118, Fly American, n; and 41 U.S.C. chapter 21 relating to procurement integrity.

s. Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

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(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

t. System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

u. Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal…