SGE500R0042.pdf

Request for Proposal

Radio Communication Project for INL Office in Beirut, Lebanon

RFP No. SGE50016R0042

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 D-60435 Frankfurt am Main Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50016R0042

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

DATE

07/12/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wilhelm Fleming

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL flemingwm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

08/11/2016 15:00:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 423430

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING A7

RFQ IFB X RFP

14. METHOD OF SOLICITATION

BEIRUCODE15. DELIVER TO

AMERICAN EMBASSY BEIRUT

ANTELIAS, PO BOX 70-840

ATTN: INL

BEIRUT

LEBANON

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR BEIRUCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BEIRUT

ANTELIAS, PO BOX 70-840

ATTN: INL

BEIRUT

LEBANON

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Tandra Jones 31c. DATE SIGNED

07/12/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50016R0042

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

1.1 Supplies and Services

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

1.2 Type of Contract

1.3 Prices/Costs

1.4 Value Added Tax (VAT)

1.5 Statement of Work

1.6 Abbreviations

1.7 Clarifications of Solicitation Requirements

1.8 Introduction

1.9 General Requirements

1.10 Duty-Free Clearance

1.11 Inspection and Acceptance

1.12 Quality Assurance and Surveillance Plan (QASP)

1.13 Use of Equipment by the Local Authorities / Government

1.14 Delivery Schedule

1.15 Period of Performance

1.16 Authority of Contracting Officer

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

1.17 Invoice Requirements

1.18 Advance Payment

1.19 Security

1.20 Governing Law

1.21 Laws and Regulations

1.22 Responsibility of Contractor

1.23 Safeguarding Information

1.24 CONTRACTOR SECURITY PLAN REQUIREMENT (April 2016)

1.25 Contractor Vetting After Award

1.25 Attachments

2 Contract Clauses 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.204-12 Data Universal Numbering System Number Maintenance (Dec 2012) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (Mar 2008) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES

(FEB 2015)

652.236-70 ACCIDENT PREVENTION (APR 2004)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

3 Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-16 Commercial and Government Entity Code Maintenance (Jul 2015) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004) 52.204-7 System for Award Management (Jul 2013)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

3.1 Proposal Due Date

3.2 CONTRACTOR VETTING AS A CONDITION OF AWARD

52.233-2 Service of Protest (Sept 2006)

4 Evaluation Factors 52.212-2 Evaluation - Commercial Items (Oct 2014) 52.217-5 Evaluation of Options (July 1990) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

4.1 Separate Charges

4.2 Award Without Discussions

5 Representations and Certifications 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 652.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Criminal Conviction under any Federal Law. (DEVIATION)(Sept 2014)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

5.1 Authorized Contract Administrator

5.2 Submittal of Electronic Proposals

52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016)

5.3 Certification (05/95)

NOTE TO OFFERORS:

The below line items prices are to be inserted by the offeror. The complete detailed description is on the Statement of Work referenced in Section J.

001 Handheld Portable Radios with full Keypad (See SOW for complete description)

300.00 EA

Doc Ref No:

Delivery

Date

FOB:

002 Handheld Portable Radios with limited Keypad (See SOW for complete description)

1,700.00 EA

Doc Ref No:

Delivery

Date

FOB:

003 ACCESORIES:

Desktop dual-unit charger for charging radio and spare battery simultaneously for the full keypad radio [European Plug]

300.00 EA

Doc Ref No:

Delivery

Date

FOB:

004 ACCESSORIES:

Multi-Unit Charger (MUC) [6 slots] [European Plug] for the limited keypad radio

250.00 EA

Doc Ref No:

Delivery

Date

FOB:

005 ACCESSORIES:

Audio Kit (earphone with microphone and PTT button) for the full keypad radio

300.00 EA

Doc Ref No:

Delivery

Date

FOB:

006 ACCESSORIES:

Audio Kit (earphone with microphone and PTT button) for the limited keypad radio

200.00 EA

Doc Ref No:

Delivery

Date

FOB:

007 ACCESSORIES:

Vehicle Charger for the full keypad radio

100.00 EA

Doc Ref No:

Delivery

Date

FOB:

008 ACCESSORIES:

Remote Speaker Microphones (RSM) for the limited keypad radio

1,800.00 EA

Doc Ref No:

Delivery

Date

FOB:

SGE50016R0042

Line Item Summary

Solicitation Number:

SGE50016R0042

Contract Number: Title: LE-Beirut INL TETRA Mobile Radio Project

Date of Solicitation:

07/12/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

009 ACCESSORIES:

Remote Speaker Microphones (RSM) for the full keypad radio

300.00 EA

Doc Ref No:

Delivery

Date

FOB:

010 Vehicular Mobile Radios (for complete techincal description see SOW)

250.00 EA

Doc Ref No:

Delivery

Date

FOB:

011 Tank Mobile Radios (for complete technical desctiption see SOW)

20.00 EA

Doc Ref No:

Delivery

Date

FOB:

012 Fixed Base Radios (for complete technical description see SOW)

35.00 EA

Doc Ref No:

Delivery

Date

FOB:

013 Programming Software and Cables 0.00 LT Doc Ref No:

Delivery Date

FOB:

AA

Hand Portable Radio programing kit software and cables 10.00 EA

Doc Ref No:

Delivery

Date

FOB:

AB

Vehicular Mobile Radio programming kit software and cables

5.00 EA

Doc Ref No:

Delivery

Date

FOB:

AC

Tank Mobiles Radio programming kit software and cables 2.00 EA

Doc Ref No:

Delivery

Date

FOB:

AD

Fixed Radio programming software kit and cables 2.00 EA

Doc Ref No:

Delivery

Date

FOB:

014 60 hours of training for ten (10) LISF members, to be selected by the end-users, and to take place in Lebanon.

Training must be provided by certified Trainers

1.00 JB

SGE50016R0042

Line Item Summary

Solicitation Number:

SGE50016R0042

Contract Number: Title: LE-Beirut INL TETRA Mobile Radio Project

Date of Solicitation:

07/12/2016

Doc Ref No:

Delivery

Date

FOB:

015 Standard one year warranty for all equipment to start upon acceptance of the products by the US Government at destination in Lebanon.

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

016 Value Added Tax (VAT) if applicable for line items 001 - 015

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

017 OPTIONAL LINE ITEM:

Factory Acceptance Test (FAT) in the provider factory premises for 5 working days for 7 people, the FAT should test all the features stated in the offer (see Statement of Work).

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

018 Value Added Tax (VAT) if applicable for optional line items 017

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

019 OPTIONAL LINE ITEM:

Extended commercial warranty for an additional two year period.

1.00 LT

By exercising this option (upon award of the contract) the total commercial warranty period will be extended to a three year period for all equipment purchased in this contract.

Doc Ref No:

Delivery

Date

FOB:

020 Value Added Tax (VAT) if applicable for optional line items 019

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

PROPOSAL CURRENCY:______________________

(TO BE COMPLETED BY THE OFFEROR)

Summary Info Continuation Page

SGE50016R0042

Line Item Summary

Solicitation Number:

SGE50016R0042

Contract Number: Title: LE-Beirut INL TETRA Mobile Radio Project

Date of Solicitation:

07/12/2016

Section 1- Solicitation/Contract Form

1.1 Supplies and Services

The Contractor shall provide all equipment, materials, labor, services, transportation, shipping and handling, training and maintenance, and warranty services for the country wide Land Mobile Radio Project (LMR) in Le-banon, in accordance with the Statement of Work (SOW) included herein and all other documents incorporated into this contract. The contractor is to perform the services in accordance with the terms and conditions of this solicitation, and in strict conformance with the contract clauses and any special conditions contained herein.

Clause Title

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

1.2 Type of Contract

This is a firm fixed-price contract with optional line items payable entirely in the currency indicated by the Con-tractor in the pricing section of the proposal.

No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

1.3 Prices/Costs

The prices submitted shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the following delivery address:

Embassy of the United States of America, Beirut ATTN: Macram Abichacra (Mobile # +961-70 259172) Directorate General of the Internal Security Forces C/O Colonel Isam Takkoush (Mobile # +961-70 242324) Beirut-Ashrafieh,Lebanon

Or a warehouse/office within the city limits as designated by the End User in Beirut, Lebanon.

1.4 Value Added Tax (VAT)

If applicable, the contractor shall be responsible for paying to the appropriate authority, the applicable rate of Value Added Tax. Of-ferors shall identify Value Added Tax (VAT) as a separate line items in Section B. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government. Any refund of VAT to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

1.5 Statement of Work

The Statement of Work (SOW) referenced herein, provides as a detailed list of all the equipment that is to be procured for this project. It is a requirement for Offeror to provide unit prices requested in the line item sum-mary of this solicitation.

1.6 Abbreviations

CLIN Contract Line Item Number CO Contracting Officer COR Contracting Officer’s Representative DOSAR Department of State Acquisition Regulation EA Each FAR Federal Acquisition Regulation GOL Government of Lebanon INL International Narcotics & Law Enforcement JB Job LT Lot NET PRICE Contract Amount without Value Added Tax, Employee Tax or DBA SOW Statement of Work QTY Quantity USG United States Government

1.7 Clarifications of Solicitation Requirements

It is a business decision as to which currency you submit your proposal in; the USG will not compensate the contractor for currency fluctuations. There will be no Bonds required under this solicitation/contract.

1.8 Introduction

PROJECT TITLE: Bureau of International Narcotics Law Enforcement Affairs (INL) Office project for the im-provement of Lebanon's newly acquired TETRA Network.

PROJECT DESCRIPTION AND SCOPE OF WORK: The Contractor shall purchase, deliver, test commission, train and warrant all new equipment and software purchased on behalf of the INL Office at the American Em-bassy Beirut, Lebanon.

The contractor shall be responsible for integrating the new equipment into the current system and shall ensure that the existing equipment is fully operational and tested as part of the field/site acceptance testing and com-missioning process.

SYSTEM BACKGROUND: The Lebanese Internal Security Forces (LISF) recently acquired an Land Mobile Radio TETRA Network for Beirut and the surrounding area. The Network consists of 3T communications, Central Switching Node services (CSN), eXTRAS FR400 base stations, and dispatcher consoles INL is solicit-ing 2,305 radio terminals to use on the LMR TETRA Network.

1.9 General Requirements

This solicitation describes the TETRA subscriber radio terminals INL seeks to purchase and transfer to the Le-banese Internal Security Force (LISF). The terminals will be part of Lebanon’s newly acquired TETRA Net-work. INL intends to award the ensuing terminal contract to the lowest priced - technically acceptable offerer;

proposed bids will be evaluated against both suitability to pricing and technical criteria.

1.10 Duty-Free Clearance

In accordance with the procedure described herein, if applicable, Duty-free clearance, all shipping containers or otherwise, shall be labeled as follows:

ATTN: Customs & Shipping (CONTRACT number) to be completed by the contractor

American Ambassador American Embassy Beirut Antelias, PO Box 70-840 Beirut Lebanon

For: INL Land Mobile Radio Project in Lebanon Contract No. SGE500-16-C-_____.

Items shall be marked as “Diplomatic Cargo”.

1.11 Inspection and Acceptance

INSPECTION: The contractor shall maintain a system of Quality Assurance and Quality Control to ensure that the MATERIALS SUPPLIED AND WORK PERFORMED UNDER THIS CONTRACT meet the require-ments of this contract. The Government reserves the right to inspect the contractor's work as well as its system of Quality Assurance / Quality Control.

ACCEPTANCE: Acceptance of the supplies and services shall be made by the COR.

CORRECTIVE ACTION: The quality management program must clearly define responsibility and procedures for corrective action if deficiencies in the services or resulting supplies are found.

1.12 Quality Assurance and Surveillance Plan (QASP).

This plan is designed to provide an effective surveillance method to promote effective Contractor performance.

The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor per-formance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

1.13 Use of Equipment by the Local Authorities / Government

Right to use. The local Government may take over and operate such equipment as is necessary for security of the country, as soon as the installation is sufficiently complete to permit operation.

Notice. The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equip-ment will be operated, and the date and time such operation shall begin.

Effect on warranties. Operation of equipment will not relieve the Contractor of any warranty or correction ob-ligations elsewhere provided for in this contract. The applicable correction period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

Warranty. The Contractor agrees to provide the manufacturer’s most favorable commerical warranty condi-tions given to any customer for the required products, but a minimum of 12 months warranty after acceptance by the US Government.

The Contractor shall provide a copy, in English, of the applicable manufacturer’s commercial warranty with each product covered by such a warranty at no additional cost to the Government.

The Contractor shall further provide, at the time of delivery of the products, a list of the manufacturer’s author-ized dealers in Lebanon that are capable of providing warrant, repair services, and supplying spare parts for the proposed products.

1.14 Delivery Schedule

Delivery of the items to the final destination (see the Statement of Work page 12 of 16 for detailed shipping information and final des-tination) shall be within 60 calendar days (2 months) after award.

If optional line item 016 (Factory Acceptance Test) is exercised, then the Contractor shall have the premises ready for factory tesing within two months after award of the contract. After conclusion of the factory testing, the contractor shall ship the items to the final destination within 60 calendar days (2 months) thereafter.

1.15 Period of Performance

The contract shall be effective from the date of Award and shall remain in effect for twelve (12) months after acceptance of the items at the final destination in Lebanon, with two option years (if exercised) for the warranty in accordance with FAR 52.217-9.

1.16 Authority of Contracting Officer

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate au-thorized representatives to act for the Contracting Officer, as specifically provided in the designation of that in-dividual.

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 posi-tion 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, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is [insert job title of COR] .

(End of clause)

1.17 Invoice Requirements

The contractor shall submit his invoices to the designated billing address indicated in this contract, with a separ-ate copy (eMail) to the Contracting office (RPSO). The COR will determine if the invoice is complete and proper as submitted. The COR will also determine if the materials billed are correct. If the amount billed is in-correct, the COR will, within seven days, request the contractor to submit a revised invoice.

The contractor shall specifically identify the last invoice as "Final Invoice." The final invoice shall include the remaining payments due under the contract and any and all modifications issued.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Date of invoice

(3) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(4) Remittance Contact Information

(5) Payment Terms

(6) Total Quantity of Items and services performed

(7) Total Invoice Amount

(8) Contract Number and Order/Award Number, with modification number if applicable.

(9) Line item number and information (see below instructions)

Copy of invoice to: (the Contracting Office via mail) American Consulate General Frankfurt ATTN: RPSO Wilhelm M. Fleming Contract No. SGE500-16-C________ Giessenerstrasse 30 D-60435 Frankfurt am Main, Germany or email to: FlemingWM@state.gov.

1.18 Advance Payment

Advance Payments shall not be authorized during the performance of this contract.

1.19 Security

The Contractor shall provide the names, biographic data and police clearance (if required by the host nation) on all Contractor personnel who shall work on this contract.

1.20 Governing Law

This contract and the interpretation thereof shall be governed by the laws of the United States of America.

1.21 Laws and Regulations

(a) Compliance Required The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Unless otherwise direc-ted by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In case of a conflict between the contract and such laws, regu-lations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Con-tractor's proposed course of action for resolution by the Contracting Officer.

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

(c) Subcontractors The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others per-forming work on or for the project have obtained all requisite licenses and permits.

1.22 Responsibility of Contractor

(a) Damage to Persons or Property The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contract-or's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

(b) Responsibility for Work Performed The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work, which may have been accepted in writing under the contract.

1.23 Safeguarding Information

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

1.24 CONTRACTOR SECURITY PLAN REQUIREMENT (April 2016)

Work under this contract will be performed in a country that may experience security contingencies due to civil unrest, terrorism, political violence, and crime. Prime contractors and other service providers must develop and implement a comprehensive security program to protect their employees, and the employees from each sub-contract, regardless of their country of origin from such contin-gencies; and must develop a means to monitor, assess, and communicate changes in the security environment to their employees throughout the region. Contractors should seek professional advice in developing a security program tailored to the region where the work will be performed, or where an activity is undertaken to facilitate that work, to ensure the security program adequately mitigates the risks specific to that locale.

The security program shall, at a minimum, address physical, personal, and procedural security for employee housing/residences, trans-portation from housing to and from work venues, an action plan for medical/security-related emergencies, and the contractor's security policy for employees for off-duty recreational activities and those areas of the host nation that are deemed off limits due to the security environment. The comprehensive security program shall be documented in writing and submitted to the contracting officer within 30 days after award. The contractor will provide plan updates as necessary.

Adherence to this clause is considered integral to the performance of this contract, and failure to submit a plan consistent with these requirements or implement the plan may provide adequate ground for termination of the contract for default.

This clause is to be read in agreement with FAR 52.225-19, which is incorporated into this contract, and nothing in this clause shall be read or construed as limiting the responsibilities of the contractor or its subcontractors as set out in to that clause.

(end of clause)

1.25 Contractor Vetting After Award

Contractors shall advise the Contracting Officer of any changes in personnel listed in the DS Form 4184 and shall provide vetting information on new individuals. The government reserves the right to vet these personnel changes and to terminate contracts for convenience based on vetting results.

(end of clause)

Section 1- Solicitation/Contract Form Identifier Title Date Number of

Pages

1.25 Attachments

Attachment Statement of work

Statement of Work, INL - Lebanese Internal Security Forces - Land Mobile Radio Project (16 pages) Dated June 3, 2015 (rev. July 05, 2016)

Section 2- Contract Clauses

Clause Title

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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 giv-en in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this / these address(es):

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/ http://www.gsa.gov/portal/content/101126

(End of clause)

52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)

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

"Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recom-mendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental func-tions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the con-tract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical ad-visory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employ-ment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the con-tract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of nonpublic information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation.

Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of nonpublic information accessed through performance of a Government contract for personal gain;

and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitig-ate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcon-tract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause)

52.204-12 Data Universal Numbering System Number Maintenance (Dec 2012)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this clause, 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.

(b) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.

A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--

(1) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1–866–705–5711 if located within the United States; or

(2) If located outside the United States, by contacting the local Dun and Bradstreet office.

(End of clause)

52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. 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 Contract-ors.

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 suf-fix.) This 4-character suffix may be assigned at the discretion of the business concern to establish addition-al SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.f

"Registered in the System for Award Management database (SAM) means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 num-ber, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Ac-countability 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 Con-tact 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 cent-ralized 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 Govern-ment;

(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

(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 re-gistered in the SAMf 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 con-ditions 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 minimum of one business day’s written notifica-tion of its intention to--

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

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

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to per-form the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, As-signment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.

A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1–866–705–5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at ht-tps://www.acquisition.gov.

(End of clause)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or re-lating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this con-tract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if au-thorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper in-voice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Man-agement), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Man-agement and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.--

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

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

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

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

(5) Overpayments. If the Contractor…