16R24_RFI_2-1-2016.pdf

SGE50016R0024 Page 2 of 54 pages CRP & LTS Warehousing & Operations, ELSO / Antwerp, Belgium

REQUEST FOR INDUSTRY INFORMATION / INVOLVEMENT

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES

This contract requires the contractor to provide Consolidated Receiving Point (CRP) services in the Antwerp, Belgium Port District, in accordance with the specifications set forth in the statement of work found as Attachment 1 of Section J of the solicitation. The Government will issue orders against the contract for specific work to be performed.

The contractor shall provide non-personal services for providing receipt, inspection, inventorying, hazardous material identification, consolidation, deconsolidation, export packing, temporary storage, and delivery to pier and related services connected with the forwarding and receiving of U.S. Government-owned furniture, furnishings, commissary items, supplies, personally owned and government owned vehicles, and equipment required by the Department of State for its Foreign Service Posts, and forwarding/receiving household effects (HHE) be-longing to U.S. Government employees. For purposes of this contract, the contractor's place of performance must be within the towns listed in paragraph C.4.2 of the statement of work.

The contractor shall provide on a fixed unit price basis the following services:

1. 34,000 m2 dedicated warehousing space for general cargo and vehicles;

2. 8,000 m2 dedicated long term storage space for general cargo;

3. Material handling to provide efficient and effective warehouse operations as specified in the contract statement of work

B.2 TYPE OF CONTRACT

This is an Indefinite Delivery Indefinite Quantity Requirements Type contract with Firm Fixed Unit Prices for a guaranteed minimum per contract term of:

It is anticipated that each contract term will be fully funded at time of contract award or exercise of the option year respectively.

Per FAR 52.216-22 INDEFINITE QUANTITY (see Section I) the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.

$100.00

The maximum for this indefinite quantity requirements contract (including options) shall be any quantity or combination of supplies and services equal to $30,000.000.00.

The quantities for all CLINs represent estimates only and shall be invoiced and reimbursed on an actual use basis up to but not exceeding the funded level. The funded level shall not be exceeded unless the Contracting Officer (CO) authorizes a modification to the contract. If the estimated quantities are not fully utilized during the specific contract term, the Contracting Officer shall have the unilateral right to de-obligate excess funds.

SGE50016R0024 Page 3 of 54 pages

B.2.1 EFFECTIVE DATE: It is anticipated that this contract will be effective on July 1, 2016 or as near as possible to that date.

B.3 PRICING

B.3.1 The firm fixed unit prices shall include all direct costs, such as salaries, fringe benefits, taxes, insurance costs, materials and equipment costs, maintenance and repair, transition and/or start-up costs, if any, administrative overhead and profit.

B.3.2 In consideration of satisfactory performance, the contractor shall be paid a firm fixed unit price, as set forth herein, for units of services rendered.

B.4 VAT (Value Added Tax) – Offerors shall ascertain with local authorities in

Belgium on value added tax (VAT) and / or goods and services tax (GST) requirements. VAT and / or GST are normally applicable to contracts with the U.S. Government. If VAT and / or GST are applicable, it shall be identified as a separate line item.

END OF SECTION B

SECTION C

DESCRIPTION / SPECIFICATION / WORK STATEMENT

Incorporation of Contractor’s Technical Proposal

a. The contractor shall perform this contract in accordance with its technical proposal dated [DATE to be added by RPSO at time of award] and any revisions thereto submitted in response to Solicitation SGE50016R0024

b. The contractor’s technical proposal is incorporated by reference and hereby made subject to the provisions of FAR 52.215-8 ORDER OF PRECEDENCE in SECTION I of this contract. Under this clause, the contractor’s technical proposal shall follow ‘the specifications’ in the order of precedence.

c. The complete specifications / Work Statement are provided as Attachment 1.

END OF SECTION C

SGE50016R0024 Page 4 of 54 pages

SECTION D

PACKAGING AND MARKING

The complete Section D is provided as part of Attachment 1.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp3401 Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40 (note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE AUG 1996

52.246-4 INSPECTION OF TRANSPORTATION APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR1984

E.2 PERFORMANCE DEFICIENCY – The COR shall inform the contractor in writing of any performance deficiency (including the request that measures be taken to correct them) which may be discovered by quality inspections or otherwise.

The contractor may only be given a maximum twenty-four (24) hour period to take these measures in lieu of the ten (l0) day period specified in FAR 52.249-8 Default (Fixed-Price Supply and Service) Alternate I, in those situations where the COR judges it necessary to protect the interests of the Department.

Failure of the contractor to take immediate measures to correct performance deficiencies so as to prevent their recurrence or the repeated failure of the contractor to comply with any of the provisions of this contract may be cause for the Government to take such steps as authorized by law, whether or not specified in this contract, including, but not limited to, partial or complete termination for default. Under both partial and complete termination for default, the contractor shall be liable to the Government for all costs, in excess of the contractor’s rates for the same services, incident to all services which the Government may have to procure from other sources.

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html%23wp340130 http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html%23wp340130

SGE50016R0024 Page 5 of 54 pages

E.3 QUALITY ASSURANCE – NON-PERFORMANCE CHARGES

Acceptable Quality Level (AQL) requirements are listed below to which values have been assigned for purposes of contract administration. Lack of performance quality issues may be discovered by complaints or inspection and the AQL non-performance charges are for specific circumstances or conditions for which the United States Government (USG) requires means by which the contractor shall maintain specific quality levels. If these quality levels are not maintained, the USG shall invoice the contractor quarterly for administrative or other charges involved.

Written notification shall be given (per occurrence), to the contractor when AQL requirements are not met; this notification will cite AQL items in violation, any supporting documentation, and the amount to be remitted to the USG for the violation (included in E.3.1). Replies to the COR from the contractor for AQL violations are required within seven business days of the date of the AQL notification. The administration of an AQL invoice does not absolve the contractor of any other liability, which may result from his action or inaction.

AQL Items and Non-Performance Charges – Desired outcome: 100% delivery of all Department property in the same condition received within specified contact delivery time/quality standards or industry

SOW

PARA

Amount Charge Unit Description

C.2.1 value of the item or $500 whichever is less

Per occurrence Once freight has been received at warehouse and a shipment receipt issued, contractor shall be able to produce shipment when requested. If not able to produce shipment, contractor voucher payments will be deducted not more than $500.00 for each occurrence, not to exceed the value of the item or $500 whichever is less. The value of the item shall be determined by the COR.

C.2.2 $250.00 Per Incident Inadequate record keeping documentation (to include weight tickets / inventories / warehouse property receipts / accurate locator system)

C.2.2 $250.00 Per shipment Omission of, or erroneous inclusion of, freight on a packing list.

C.3.1-3 $500.00 Per Incident Failure to provide required reports in the specified format or contain the required content

C.4.5 $250.00 Per Incident Warehouse Aisles were not clear of debris

C.4.5 $250.00 Per Incident Fire safety systems inspection not being performed monthly (Fire extinguisher / fire plan / fire / detection equipment)

SGE50016R0024 Page 6 of 54 pages

PARA

Amount Charge Unit Description

C.4.5 $250.00 Per Incident Inspection of fire sprinkler system not being performed quarterly

C.4.5 $100.00 Per Incident Evidence of lack of Rodent control

C.4.5 $250.00 Per Incident Evidence of lack of Insect control

C.4.5 $500.00 Per Incident Evidence of smoking in the warehouse

C.4.5 $500.00 Per Incident Evidence of water damage in the Warehouse

C.4.7 $250.00 Per Incident Evidence of inadequate warehouse security

C.410 $150.00 Per Incident Failure of contractor to notify U.S. Despatch Agent by telephone prior to refusal of shipment(s) of U.S.

Government property being delivered by carriers or vendors, or failure to provide written report of refusal within two working days.

C.4.11 $250.00 Per Incident Weight scales not being calibrated in accordance with state, county, or city codes

C.4.15 $500.00 Per Incident Failure to use pallet(s) / container(s) / crate(s) / liftvan(s) as specified in the contract or failure to construct pallet(s) / container(s) / crate(s) / liftvan(s) to contract specifications, including caulking and / or poly film lining, or lack of ISPM-15 materials

C.4.15 value of the item or $500 whichever is less

Per Incident Failure to properly pack property resulting in damage or repacking being required for shipment

END OF SECTION E

SGE50016R0024 Page 7 of 54 pages

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp3401 Referenced DOSAR provisions and clauses can be obtained from:

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

F.2.1 The performance period of this contract shall be effective on July 01, 2016 and continue for twelve months thereafter, with four separate one-year options.

F.2.2 The Government may extend this contract in accordance with the option clause in

Section I, FAR 52.217-9, Option to Extend the Term of the Contract – Deviation, which also specifies the total duration of this contract.

F.2.3 The Government may exercise the option set forth at Section I, “FAR 52.217-8, Option to Extend Services”, within the currently ongoing period of performance.

F.3 DOSAR 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND

ADMINISTRATIVE LEAVE (FEB 2015)

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

Labor Day Columbus Day

Veterans Day Thanksgiving Day

Christmas Day

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

SGE50016R0024 Page 8 of 54 pages

b. When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday 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. For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

e. If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.

F.4 DELIVERABLES

The following items shall be delivered under this contract (AN = as needed):

Ref. Description QTY

Delivery Date Content Format Deliver to

Attach ment

C.3.1 Receiving Report by ship ment

Daily by close of business

(COB)

As specified in SOW

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD mailto:elsoreports@state.gov

SGE50016R0024 Page 9 of 54 pages

Delivery Date Content Format Deliver to

Attach ment

Summary Receiving Report by day

Daily by close of business

(COB)

As specified in SOW

Contractor Discretion w / COR approval

COR

Departure Report by day

Daily by close of business

(COB)

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

Consolida-tion Report A N A N

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD

C.3.2

Vehicle Protection Plan Report (i.e. Car Condition) A N A N

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

Monthly Inventory Reconcili-ation Report 1

COB last business day, monthly

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

Monthly Claims Status Report 1

COB last business day, monthly

Contractor Discretion w / COR approval

MS Excel;

By LTS or In-Transit ; Stock

COR

elsoreports@ state.gov TBD

C.3.3

Annual Inventory Report 1

COB

January 31st

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD

C.4.5

Quarterly Inspection of Fire Detection System 1

COB last business day of the quarter

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:COR%20elsoreports@state.gov mailto:COR%20elsoreports@state.gov mailto:COR%20elsoreports@state.gov

SGE50016R0024 Page 10 of 54 pages

Delivery Date Content Format Deliver to

Attach ment

C.4.5

Monthly Inspection of Fire Safety System 1

COB last business day, monthly

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD

G.1

Contractor Release (partial)

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

Quality Assurance / Replies

1 / Occ uran ce

3 business days after receipt

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov N/A

L.2.3.

Draft Manage-ment Plan 1

With proposal

As specified in H.1 N/A

G.2 Invoices 1 monthly for lease & clerks for other services -within 30 days after completion of services

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov N/A

H.1 Manage-ment Plan 1

30 days after award

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov N/A

H.5 Insurance 1 21 days after award

Standard Certificate

PDF

document

Contracting Officer HeckC@stat e.gov N/A

I 652.2 39-71 c

IT Security Plan 1

30 days after award

Standard Certificate

PDF

document

COR

state.gov N/A

END OF SECTION F

mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov

SGE50016R0024 Page 11 of 54 pages

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG

1999)

a. The Contracting Officer may designate in writing one or more Government employees, by name 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 the Director of the European Logistical Support Office (ELSO). The alternate COR is the Deputy Director of the European Logistical Support Office

(ELSO).

G.2 SUBMISSION OF INVOICES

Complete invoices (partials shall be accepted on an exceptional basis only) shall be submitted within 30 days after completion of service in one original and three

(3) copies to the Contracting Officer’s Representative (COR) at the following address:

American Embassy Office ELSO Noorderlaan 147, Bus 12A Atlantic House B-2030 Antwerp, Belgium

Charges for storage shall be billed monthly. The invoice shall contain the Contractor’s certification “I hereby certify that the above bill is correct and just and that payment therefore has not been received.”

A ‘Contractor’s Release (Partial)’ (see Attachment TBD) shall be submitted with the final invoice for each contract year, i.e. base year, first option year, etc.

Invoices for other services may be submitted following completion of the service, but shall be separate for each individual lot. Each invoice shall bear the Contractor’s certification. Invoices shall not be submitted prior to receiving the ELSO work order requesting the services.

INVOICE CONTENT – Invoices shall contain:

The Contract Number;

Work order number;

ELSO File Number or other designated shipment ID number;

Name of owner;

The specific or inclusive dates of service;

The type of services rendered (by CLIN);

The gross weight;

Cube;

SGE50016R0024 Page 12 of 54 pages

Storage Lot Number Origin;

Destination.

PAYMENT – Payment will be made after receipt of a proper invoice by the appropriate office, in accordance with the Prompt Payment Act (reference paragraph I.1 52.232-25) and upon COR’s timely certification of acceptance of services.

G.3 PAYMENT DEDUCTIONS FOR NON-PERFORMANCE

Invoiced payment requests may be reduced for non-performance as listed in Section E.3 of this contract.

G.4 ORDERING PROCEDURES

a. In accordance with FAR 52.216-18 “ORDERING,” the following individuals and activities are authorized to issue delivery orders or task orders hereunder:

Department of State Contracting Officer Department of State, Despatch Agent, ELSO

b. Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information.

c. Issuance of orders by facsimile or e-mail is authorized in accordance with FAR

52.216-18 “ORDERING.”

TRANSPORTATION ORDERS – Services to be performed for the Department of State will be ordered or authorized by the issuance of an appropriate written request or authorization by the U.S. Despatch Agent or his authorized representative(s). Form of transportation orders that are in compliance with CFR Title 49, Federal Management Regulations Subchapter D, 102-117 and 102-118.

Services to be performed for the Department of State will be ordered or authorized to the contractor by the issuance of an appropriate written Packers Authorization and / or OBL / GBL / Work Order. Such authorization will show the appropriate contract item number or numbers for services being requested of the contractor under this contract. Requests for services may be made orally by the Government and confirmed by the issuance of a written authorization. The written request or authorization will be in the form of a Work Order (Packing / containerization Order) or other appropriate document issued by the U.S.

Despatch Agent.

END OF SECTION G

SGE50016R0024 Page 13 of 54 pages

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 THE MANAGEMENT PLAN – The contractor shall establish a complete management program to assure that the requirements of the contract are provided as specified. The contractor’s management plan shall ensure timely, professional, and quality performance and achievement of deadlines. A draft version of the plan shall be provided as part of the proposal (see Section L), and the final plan shall be delivered to the COR 30 days after award.

a. Contractor’s Organization and Management – The contractor’s management plan shall describe the organization of the work force, specify the names and responsibilities of the principal manager and all supervisors, and indicate the manner in which quality service is to be assured, including the frequency of inspections and the use of operational records. The plan shall include organizational and functional charts reflecting line of management responsibility.

It shall describe the procedures whereby the contractor will respond to the requirements of this contract, as specified herein, and as defined by the COR on a daily basis. The plan shall include specific and detailed information concerning the contractor’s ability to handle overflow cargo, and comprehensive information as to where, how and in which manner the contractor intends to warehouse overflow cargo and the method of shifting into the dedicated warehouse storage area. The plan shall describe management procedures for logistical administrative support of all functions, including procedures for timely payment of personnel. It shall also describe the level of available computer aided support, which the contractor intends to utilize in the execution of all aspects of the services described in the solicitation document.

b. Contractor’s Inspection System – The contractor’s management plan shall establish an inspection system covering all the services stated in Attachment 1.

The inspection system shall:

1. specify areas to be inspected on both a scheduled and an unscheduled basis,

2. include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable, and

3. include a filing system for all inspections conducted by the contractor and the corrective action taken. This documentation shall be made available to the Government during the term of the contract.

c. Contractor’s Maintenance, Use, and Inventory Programs – The contractor’s management plan shall include written maintenance, use, and inventory programs for all property, equipment, and materials used in performance of the contract.

The maintenance program shall include preventive maintenance, major repair, replacement, and other capital rehabilitation work. Use procedures shall ensure that the property, equipment, and materials shall be used only for those purposes authorized in the contract.

The inventory program shall include procedures for conducting physical inventories, including scheduling, responsibilities, and record keeping, for all property, equipment, and material used by the contractor.

SGE50016R0024 Page 14 of 54 pages

d. The contractor’s accepted management plan shall be incorporated into this contract as Attachment 5 of Section J, List of Attachments. The contractor shall obtain the COR’s approval prior to making any changes in the contractor’s management plan. If directed by the COR, the contractor shall submit said changes in writing as a proposal for Government review and approval / disapproval.

H.2 STANDARDS OF CONDUCT

a. General – The contractor shall maintain satisfactory standards of employee competence and conduct and shall be responsible for taking such disciplinary action with respect to employees as required. The Government reserves the right to direct the contractor to remove an employee from use under this contract for failure to comply with the standards of conduct.

b. Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the work site security.

c. Intoxicants and Narcotics – The contractor shall not allow its employees while on or off duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances, which produce similar effects.

d. Criminal Actions – Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.

H.3 PERSONNEL HEALTH REQUIREMENTS – All employees shall be in good general health without physical defects or abnormalities, which would interfere with the performance of their duties. They shall be free from communicable disease.

H.4 LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

a. Bonds – The Government imposes no specific bonding requirement on this contract. The contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

b. Employee Salary Benefits – The Government shall fund and pay only those employee benefits included in the fixed prices or hourly rates incorporated in this contract. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits, which may subsequently

SGE50016R0024 Page 15 of 54 pages arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the contractor shall be responsible for payments of such costs and shall include all such costs in the fixed prices or hourly rates incorporated in this contract.

c. Personal Injury, Property Loss or Damage (Liability) – The contractor shall assume absolute responsibility and liability for any and all personal injuries or death and / or property damage or losses suffered due to negligence of the contractor’s personnel in the performance of the services required under this contract. The contractor’s assumption of absolute liability is independent of any insurance policies.

d. Worker’s Compensation and Employer’s Liability – The contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary under the laws and statutes of the applicable country. 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.

e. Permits – Without additional cost to the Government, the contractor shall obtain all permits, licenses, and appointments required for the performance of work under this contract. The contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any license required by the host government shall be entirely the responsibility of the contractor.

f. Timely Performance of Services – Services detailed and specified in

Attachment 1 shall be performed within the time limits set forth. The Government will not be responsible for additional storage and / or delivery charges for contractual services not performed within the timeframe identified in the contract. Repeated instances of failure to perform promptly or delay in excess of one week on any one shipment may constitute grounds for default.

g. Liability / Claims – The contractor accepts responsibility for the safekeeping of all goods tendered to it under this contract, as soon as acceptance of the goods has occurred, and when in transit to or from the destinations listed or, where applicable, while in storage. Such responsibility extends to loss and / or damage however caused which occurs to goods in the contractor’s custody. The contractor accepts full responsibility for fulfilling documentation requirements and paying such fines or penalties as may be levied by customs authorities in instances of loss or partial loss of goods in bond.

Any condition, such as fire, theft, robbery or burglary, which could affect some or all goods in the contractor’s custody shall be brought to the attention of the COR as soon as possible, but not later than 48 hours after the event. The COR will verify loss or damage promptly and notify affected parties. Claims for loss or

SGE50016R0024 Page 16 of 54 pages damage under such circumstances will be initiated within one year of the date the COR notifies the owner of the goods by registered letter or telegram. Where the COR has not been notified of probable loss or damage, the time limit for claims is two years from the last date that services were ordered for the particular goods in question.

H.5 INSURANCE REQUIREMENTS – The contractor shall procure and maintain for the duration of the contract insurance in the following amounts and shall furnish the Contracting Officer written evidence thereof.

a. Workers’ compensation and employer’s liability – The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

b. General liability

1 Bodily injury liability insurance coverage written on the comprehensive form or policy, of at least $500,000 per occurrence.

2. Property damage liability only in special circumstances.

c. Comprehensive Automobile Liability (if this contract includes contractor provided vehicles which are used to transport personnel to and from the worksite). Bodily injury liability insurance coverage, written on the comprehensive form or policy, of at least $200,000 per person and $500,000 per occurrence.

d. Household Effects Insurance – Contractor Liability for Loss of and / or

Damage to Household Goods – The contractor maximum liability to the Government as subrogee or assignee for loss destruction or damage shall be $8.50 times the net weight of the shipment or National Automobile Dealers’ Association (NADA) value of POV.

e. The contractor shall assume liability for all loss and damage of freight on hand up to maximum of $50,000,000.

H.6 CERTIFICATE OF INSURANCE

a. The contractor shall furnish the Contracting Officer with a current certificate of insurance as evidence of the insurance-required. In addition, the contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not-less than (30) calendar days before such change, expiration or cancellation is effective. When coverage is provided by self-insurance, the contractor shall not change or decrease that coverage without the Contracting Officer’s approval.

SGE50016R0024 Page 17 of 54 pages

b. The contractor shall give the Contracting Officer or his representative (COR) immediate notice in writing of any suit or action filed against the contractor arising out of performance of this contract. The contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the contractor.

Insofar as the following shall not conflict with any policy or contract of insurance and upon request of the Contracting Officer, the contractor shall do any and all things to effect an assignment and subrogation in favor of the Government of all contractors rights and claims against the Government, arising from or growing out of such asserted claims, and if required by the Contracting Officer shall authorize a representative of the Government to settle and / or defend any such claim and to take charge of any such litigation affecting the contractor.

c. The contractor shall indemnify and hold harmless the Government from and against all losses and all claims, demands, payments, suits and actions, recoveries and judgments of every nature and description brought or recovered against the Government or the contractor by reason of any act or omission of the contractor, its agents, or employees, in the execution or protection of the work.

The contractor’s assumption of-liability continues independent of the insurance policies.

H.7 LOSS OF OR DAMAGE OF FREIGHT

a. The contractor shall be liable to the Government for the full cost or repair or replacement, of actual value of the property at time of loss or damage, when loss or damage occurs to any article over which the contractor has control of custody under this contract, except that:

b. The contractor shall not be liable for any loss or damage caused by earthquake, war, civil disturbance, or similar casualty arising without fault or negligence on his part.

c. The contractor shall acknowledge, in writing and within three working days of its receipt, each claim of the Government for loss or damage.

d. The contractor shall pay, deny or propose an equitable settlement of each claim of the Government for loss or damage within thirty (30) days after the above acknowledgment.

e. The contractor is advised that the Government will monitor all claims closely to ensure that they are promptly acknowledged, and thereafter, equitable settled by the contractor. In the event that claims are not equitably settled, the Contracting Officer will take steps to obtain a settlement which may include set-off action as provided for in 4 CFR 102.3.

f. The contractor, upon request, shall furnish the Department of State with a certificate or certificates of insurance or other satisfactory evidence of the contractor’s ability to pay claims for loss or damage.

SGE50016R0024 Page 18 of 54 pages

H.8 NONPAYMENT FOR UNAUTHORIZED WORK – No payments will be made for any unauthorized supplies or 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 / COR. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.9 ORGANIZATIONAL CONFLICT OF INTEREST

a. The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the contractor has disclosed all such relevant information.

b. The contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

c. If the contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

d. The contractor shall insert the substance of this clause, including this paragraph

(d), in all subcontracts.

H.10 MODERATE RISK PUBLIC TRUST (MRPT) CERTIFICATION PROCESSING

a. The contractor shall obtain approval from the Program Office for all contractor personnel requiring MPRT Certification post-award (the data entry clerks). The Approval Notification / Bio Approval made by the Program Office to the contractor shall be made part of the MRPT Certification package (security package) submitted to US Embassy Brussels (HR). A security package that does not include the notification will be considered incomplete and will be cause for rejection of the submission.

b. The contractor shall ensure that all required personnel complete all related forms necessary to process the MRPT Certification. All required documentation shall be submitted to the US Embassy Brussels in English and must be readable. The HR office shall provide the contractor security personnel guidance and training for the submission of security packages. Contractor personnel requiring MRPT certification shall be initiated for processing as quickly as possible; however, submission of security packages will not be accepted without the Program Office Approval Notification, if required, as noted above.

c. The following forms and documentation are required for each employee submitted for MRPT Certification processing. The Government reserves the right to require the use of different forms if deemed necessary. The contractor will be advised if the use of different forms is required. HR will advise the contractor to submit any additional documentation, as necessary.

• Option Form 174

SGE50016R0024 Page 19 of 54 pages

• Signed DS-4002 Credit Release form

• Proof of citizenship

• Bio Approval Notification from Program Office (as applicable)

• Family Biographical Sketch (as applicable)

• National ID Card (copy of front and back of card) (as applicable)

• Other Country Release of Information Forms (as applicable)

• Police Record

The contractor shall submit the required forms in the most expeditious manner possible to:

US Embassy Brussels Attn: Human Resources Blvd. Du Regent 27 B-1000 Brussels Belgium

H.11 COMMERCIAL WARRANTY – The contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

H.12 CONTINUATION OF CONTRACT – 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.

H.13 GOVERNMENT’S RIGHT TO REMOVAL OF GOODS – The Government, as the depositor of goods placed in an Offeror’s facility, reserves the right to order goods removed at any time.

END OF SECTION H

SPACE DELIBERATELY LEFT BLANK

SGE50016R0024 Page 20 of 54 pages

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp3401 Referenced DOSAR provisions and clauses can be obtained from:

52.202-1

Definitions NOV 2013

52.203-3

Gratuities APR 1984

52.203-5

Covenant Against Contingent Fees MAY 2014

52.203-6

Restrictions On Subcontractor Sales to the Government SEP 2006

52.203-7

Anti-Kickback Procedures MAY 2014

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12

Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.203-13

Contractor Code of Business Ethics OCT 2015

52.203-17

Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

APR 2014

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2015

52.204-15

Service Contract Reporting Requirements for Indefinite-Delivery Contracts

JAN 2014

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

OCT 2015

SGE50016R0024 Page 21 of 54 pages

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011) ALTERNATE I

JAN 2011

52.211-5

Material Requirements AUG 2000

52.215-2 Audit and Records – Negotiation

OCT 2010

52.215-8 Order of Precedence – Uniform Contract Format

OCT 1997

52.215-14 Integrity of Unit Prices

OCT 2010

52.215-19 Notification of Ownership Changes

OCT 1997

52.222-19 Child Labor – Cooperation with Authorities and Remedies

JAN 2016

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.225-14 Inconsistency Between English Version and Translation of Contract

FEB 2000

52.228-3 Workers’ Compensation Insurance (Defense Base Act)

JUL 2014

52.229-6 Taxes - Foreign Fixed-Price Contracts

FEB 2013

52.232-4 Payments Under Transportation Contracts and Transportation- Related Services Contracts

APR 1984

52.232-8 Discounts for Prompt Payment

FEB 2002

52.232-11 Extras

52.232-17 Interest

52.232-23 Assignment of Claims

52.232-25 Prompt Payment

JUL 2013

52.232-33

Payment by Electronic Funds Transfer – System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.233-1 Disputes (MAY 2014) ALTERNATE I

DEC 1991

52.233-3 Protest after Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim OCT 2004

52.237-3

Continuity of Services JAN 1991

SGE50016R0024 Page 22 of 54 pages

52.242-13

Bankruptcy JUL 1995

52.243-1

Changes - Fixed-Price (AUG 1987) ALTERNATE II APR 1984

52.244-6

Subcontracts for Commercial Items DEC 2015

52.246-25

Limitation of Liability – Services FEB 1997

52.247-5

Familiarization with Conditions APR 1984

52.247-10

Net Weight – General Freight APR 1984

52.247-11

Net Weight – Household Goods or Office Furniture

52.247-12

Supervision, Labor or Materials APR 1984

52.247-13

Accessorial Services – Moving Contracts

52.247-14

Contractor Responsibility for Receipt of Shipment APR 1984

52.247-17

Charges APR 1984

52.247-18

Multiple Shipments APR 1984

52.247-21

Contractor Liability for Personal Injury and / or Property Damage APR 1984

52.247-22

Contractor Liability for Loss of and / or Damage to Freight Other Than Household Goods

52.247-23

Contractor Liability for Loss of and / or Damage to Household Goods JAN 1991

52.247-27

Contract Not Affected By Oral Agreement APR 1984

52.248-1

Value Engineering OCT 2010

52.249-2

Termination for Convenience of the Government (Fixed Price) APR 2012

52.249-8

Default (Fixed-Price Supply and Service) Alternate I (APR 1984) APR 1984

652.204-70

Department of State Personal Identification Card Policy and Procedures

FEB 2015

652.247-70

Notice of Shipments FEB 2015

SPACE DELIBERATELY LEFT BLANK

SGE50016R0024 Page 23 of 54 pages

I.2 FAR CLAUSES INCORPORATED IN FULL TEXT

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

a. Definition. As used in this clause--

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

SGE50016R0024 Page 24 of 54 pages

b. The Contractor is responsible 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.

c. (1)

(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…