SGE50016R0024 _Solicitation_Document.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SGE50016R0024 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

04/26/2016

6. REQUISITION/PURCHASE NUMBER

CODE: FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

7. ISSUED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until __23:59:00__ local time __05/31/2016 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Chris Heck

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

heckc@State.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1-2 X I CONTRACT CLAUSES 21-41

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 41

X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5-7 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

42-50

X F DELIVERIES OR PERFORMANCE 8-10

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 51-57X G CONTRACT ADMINISTRATION DATA 11-12

X M EVALUATION FACTORS FOR AWARD 58-61X H SPECIAL CONTRACT REQUIREMENTS 13-20

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: ELSO_EUROPEAN LOGISTICS SUPPORT OFFICE (ELSO)

NOORDERLAAN 147, BUD 12-A, B-2030

ATTN: FMC

ANTWERP, B2030

BELGIUM

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SGE50016R0024

001 ELSO CRP - BASE YEAR 1.00 YR

(Start to End) Date FOB:

01/01/2017 to 12/31/2017 Destination

1001 ELSO CRP - FIRST OPTION YEAR 1.00 YR

(Start to End) Date FOB:

01/01/2018 to 12/31/2018 Destination

2001 ELSO CRP - SECOND OPTION YEAR 1.00 YR

(Start to End) Date FOB:

01/01/2019 to 12/31/2019 Destination

3001 ELSO CRP - THIRD OPTION YEAR 1.00 YR

(Start to End) Date FOB:

01/01/2020 to 12/31/2020 Destination

4001 ELSO CRP - FOURTH OPTION YEAR 1.00 YR

(Start to End) Date FOB:

01/01/2021 to 12/31/2021 Destination

5001 ELSO CRP - ADDITIONAL 6-MONTHS OPTION PERIOD 0.50 YR

(Start to End) Date FOB:

01/01/2022 to 06/30/2022 Destination

SGE50016R0024

Line Item Summary

Solicitation Number:

SGE50016R0024

Contract Number: Title: ELSO CRP Date of Solicitation:

04/26/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

SGE50016R0024 Page 3 of 61 pages CRP & LTS Warehousing & Operations, ELSO / Antwerp, Belgium

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. 34,168 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 4 of 61 pages

B.2.1 EFFECTIVE DATE: It is anticipated that this contract will be effective on January 1, 2017 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 and 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 5 of 61 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

52.246-14 INSPECTION OF TRANSPORTATION APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

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

SGE50016R0024 Page 6 of 61 pages 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.

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

SGE50016R0024 Page 7 of 61 pages

PARA

Amount Charge Unit Description

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

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

SPACE DELIBERATELY LEFT BLANK

SGE50016R0024 Page 8 of 61 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 January 01, 2017 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 RESERVED

F.4 DELIVERABLES

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

Ref. Description QTY

Delivery Date Content Format Deliver to Exhibit

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 A

C.3.1

Summary Receiving Report 1

Daily by close of business

(COB)

As specified in SOW

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40 mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov mailto:elsoreports@state.gov

SGE50016R0024 Page 9 of 61 pages

Delivery Date Content Format Deliver to Exhibit

C.3.1

Departure Report 1

Daily by close of business

(COB)

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

C.3.1 Consolida-tion Report 1 As Needed

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

C.3.2

Vehicle Protection Plan Report (i.e. Car Condition) 1 As Needed

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

C.3.2

Monthly Inventory Reconcilia-tion Report 1

COB last business day, monthly

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

C.3.2

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 A

C.3.3

Annual Inventory Report 1

COB

January 31st

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

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

C.4.1

ELP Annual Inventory 1

COB

January 31st

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov A

C.5

Transition Plan (not required for the incumbent) 1

Draft with Proposal

Final Subject to CO Approval

Subject to

CO

Approval

Contractor Discretion w / COR approval

COR

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

SGE50016R0024 Page 10 of 61 pages

Delivery Date Content Format Deliver to Exhibit

E.1

Quality Assurance / Replies 1 per occurrence, 3 business days after receipt of COR e-mail

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD

G.1

Contractor Release (partial) 1

COB

January 31st

Contractor Discretion w / COR approval

Contractor Discretion w / COR approval

COR

elsoreports@ state.gov TBD

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

L.2.3.

Draft Manage-ment Plan 1

With proposal

As specified in H.1 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

elsoreports@ 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

SGE50016R0024 Page 11 of 61 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 Exhibit C) 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;

SGE50016R0024 Page 12 of 61 pages

Cube;

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 61 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 61 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.

SGE50016R0024 Page 15 of 61 pages

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 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.

SGE50016R0024 Page 16 of 61 pages

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 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 all risk insurance adequate to cover the risk of loss or damage to property stored under the contract as specified below and shall furnish the Contracting Officer written evidence thereof.

1. Household Goods (HHG) – Personal household goods and effects, both stored and in-transit within the scope of the Contract, shall be insured at full replacement value on the basis of $8.50 per pound net for each HHG shipment. An HHG shipment is a shipment of used household goods stored by the contractor under a shipping number provided for each HHG shipment by agents of the U.S. Department of State.

2. Privately Owned Vehicles (POVs) – POVs, both stored and in-transit within the scope of the Contract, shall be insured at the value for each POV as determined by the National Automobile Dealers’ Association (NADA) “Blue Book” as of the month the POV was brought into storage by the contractor, converted into local currency (Euro), plus the cost of rental of a comparable vehicle for the period of time during which the vehicle is unavailable due to loss or damage claimed; provided, however, that the cost of rental shall not exceed the value of the POV as determined by the NADA values.

3. Official Vehicles (OFVs) – OFVs, both stored and in-transit within the scope of the Contract, shall be insured at a flat amount for each vehicle of $91,000.00. However, in the event of loss or damage the actual insured value of each OFV shall be determined in accord with the values determined by the National Automobile Dealers’ Association (NADA) as of the month the OFV was brought into storage by the contractor, converted into local currency (Euro). In the event the loss or damage occurs to an OFV which has a value in excess of $91,000.00 under the NADA valuation system, the obligations of the contractor shall not exceed $91,000.00; provided, however, that if the U.S. Department of State believes that the value of any OFV exceeds $91,000.00, then the contracting officer´s representative or other appropriate official may provide to the contractor a Declaration of Higher Value which shall clearly identify the vehicle by vehicle identification number and shall specify in US-dollars the value at which the U.S. Department of State wants to have the Higher Value OFV insured by the contractor. Declarations of Higher Value may be provided monthly or quarterly at the U.S. Department of State’s discretion, and the contractor shall secure supplemental insurance coverage in accordance with the higher value declared.

SGE50016R0024 Page 17 of 61 pages

4. ELP Stock, FAK Materials, Supplies in Transit and HATs – All Supplies, FAK Materials, and HATS stored or in-transit within the scope of the Contract, shall be insured for loss or damage at a value of $8.50 per pound as determined by the gross weight of the Stock, FAK Materials, or HATs. The loss or damage shall be determined with respect to each ELP Stock, FAK Materials or HATs item, and the contractor shall insure and be liable for the value of each item at the $8.50 per pound basis; provided, however, that if the U.S. Department of State believes that the value of any given ELP Stock item, FAK Material item or HATs has a higher value based on item weight multiplied by $8.50/pound, then the contracting officer’s representative or other appropriate official may provide to the contractor a Declaration of Higher Value which shall clearly identify the item by name and available product number and shall specify in U.S. dollars the value at which the U.S.

Department of State wants to have the Higher Value item or HATs insured by the contractor. Declarations of Higher Value may be provided monthly or quarterly at the U.S. Department of State’s discretion, and the contractor shall secure supplemental insurance coverage in accordance with the higher value declared.

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

In addition, the contractor shall procure and maintain for the duration of the contract all insurance adequate to cover the below requirements and shall furnish the Contracting Officer written evidence thereof.

6. 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.

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

8 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.

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.

SGE50016R0024 Page 18 of 61 pages

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.

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 INSURANCE CLAIM PROCEDURES

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

b. 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.

c. 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.

d. 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 19 of 61 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.

SGE50016R0024 Page 20 of 61 pages

• Option Form 174

• 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

SGE50016R0024 Page 21 of 61 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

52.204-9

Personal Identity Verification of Contractor Personnel JAN 1011

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

SGE50016R0024 Page 22 of 61 pages

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

OCT 2015

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…