SGE50017R0010.pdf

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

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SGE50017R0010 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

11/16/2016

6. REQUISITION/PURCHASE NUMBER

CODE: FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

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

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

SOLICITATION

until __23:59:00__ East Coat time __12/18/2016 __

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 ____

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 14-26

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 5-6 X J LIST OF ATTACHMENTS 26

X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

STATEMENTS OF OFFERORS

27-39

X F DELIVERIES OR PERFORMANCE 8-9

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40-45X G CONTRACT ADMINISTRATION DATA 10-12

X M EVALUATION FACTORS FOR AWARD 46-47X H SPECIAL CONTRACT REQUIREMENTS 12-13

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: MULTISEE

Section G

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)

SGE50017R0010

001 BASE YEAR

see Attachment 1 for detailed specifications

1.00 YR DO NOT ENTER PRICES HERE

(Start to End) Date FOB:

02/01/2017 to 01/31/2018 Destination

1001 FIRST OPTION YEAR

see Attachment 1 for detailed specifications

1.00 YR DO NOT ENTER PRICES HERE

(Start to End) Date FOB:

02/01/2018 to 01/31/2019 Destination

2001 SECOND OPTION YEAR

see Attachment 1 for detailed specifications

1.00 YR DO NOT ENTER PRICES HERE

(Start to End) Date FOB:

02/01/2019 to 01/31/2020 Destination

SGE50017R0010

Line Item Summary

Solicitation Number:

SGE50017R0010

Contract Number: Title: INL JER Date of Solicitation:

11/16/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

SGE50017R0010 INL Jerusalem Legislation & Advisory Bureau Assistance Project Page 3 of 47

SECTION B

SUPPLIES OR SERVICES AND PRICE / COSTS

B.1 INTRODUCTION

The U.S. Department of State Bureau for International Narcotics and Law Enforcement Affairs Section at the U.S. Consulate Jerusalem (INL/J), in partnership with the United States Security Coordinator (USSC), is implementing the Palestinian Authority Security Sector Transformation Program which is now transitioning to a longer-term institutional development focus with an emphasis on maintaining and sustaining Palestinian Authority (PA) capabilities. For further details, see Attachment 1 – SOW.

B.2 PRICES

a. The contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the prices listed in Attachment 2 – Price Schedule. Prices shall include all costs for labor, materials, profit, and, if applicable, value added tax (VAT).

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

b. The currency of this contract shall be fixed by the contractor’s proposal and cannot be changed by modification to the contract.

c. Price Adjustment Based on Laws – Prices may be adjusted during the performance period of the contract as a result of laws enacted by the host government, if such change in the laws has a direct impact on the cost to the contractor to perform this contract at the contracted rate. In that event, the Contracting Officer may enter into negotiations with the contractor to modify the contract to adjust the premium rate(s). The contractor agrees to provide all documentation necessary to support any requested adjustment.

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

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e. Defense Base Act (DBA) Insurance – DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship. This insurance may be obtained from any authorized DBA insurance broker, see Section I, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE

(DEFENSE BASE ACT) (APR 1984).

New DBA insurances policies can be purchased directly from any Department of Labor (DOL) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. All Department of State Acquisition Regulation (DOSAR) clauses requiring DBA purchase from a designated provider are suspended to allow contractors to purchase insurance from any DOL approved insurance carrier.

The contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted.

B.3 SUMMARY OF PRICE SCHEDULE

Total Base Year including taxes and DBA, if applicable

Total Option Year 1 including taxes and DBA, if applicable

Total Option Year 2 including taxes and DBA, if applicable

Contract Total

For detailed breakdown, DBA and tax rates, if applicable, see Attachment 2 – Pricing.

The proposal / contract currency is _________________

END OF SECTION B

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

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SECTION C

DESCRIPTION / SPECIFICATIONS / STATEMENT OF OBJECTIVES

C.1 STATEMENT OF WORK (SOW)

The SOW for this contract is provided as Attachment 1.

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

C.2 ABBREVIATIONS / DEFINITIONS

Acronym Definition

Calendar Day The twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days

CLIN Contract Line Item Number

CO

Contracting Officer

COR

Contracting Officer Representative (Amman Human Resources Officer)

A / COR The Alternate Contracting Officer's Representative.

This person will take over the COR’s responsibilities and duties during the COR’s absence.

Employer The United States Government = USG

FMO Financial Management Officer = paying office

GSO

Officer in charge of the General Services Office at post

LS

Lump Sum

QA

Quality Assurance

QC

Quality Control

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Acronym Definition

QTY

Quantity

SOW

Statement of Work

TBD

To be determined

USG

U.S. Government

END OF SECTION C

SECTION D

PACKAGING AND MARKING

D.1 MARKING OF REPORTS

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

a. Name and Business address of the Contractor;

b. Contract number;

c. Date of report; and

d. Program office (s).

D.2 DELIVERY ADDRESS

All reports shall be sent electronically to the COR Mr. Tim Farrell at FarrellTP@state.gov and a hard copy to:

U. S. Consulate General Jerusalem INL, Attn: Tim Farrell 18 Agron Road, Jerusalem

END OF SECTION D

mailto:FarrellTP@state.gov

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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#wp340130

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)

NUMBER TITLE DATE

52.246-3 INSPECTION OF SUPPLIES – COST REIMBURSEMENT MAY 2001

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

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of services, reports and other required deliverables or outputs shall take place at:

U. S. Consulate General Jerusalem Attn: INL 18 Agron Street, Jerusalem.

or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 INSPECTION AND ACCEPTANCE - SERVICES

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

END OF SECTION E

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

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SECTION F

DELIVERIES OR PERFORMANCE

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

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#wp340130

Referenced DOSAR provisions and clauses can be obtained from:

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

Contract performance shall be February 1, 2017 through January 31, 2018 with two possible option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

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

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

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

F.3 REPORTS AND OTHER DELIVERABLES / DELIVERY SCHEDULE

All reports and other deliverables required under this contract shall be delivered to the following address:

American Consulate General Jerusalem

ATTN: INL

FarrellTP@state.gov

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NOTE: Any and all costs for the preparation, handling, mailing and submission of required reports and documentation shall be included in the total price.

Description QTY Submission Date Deliver to and how:

Reference G.4 Invoices 1 ea Monthly COR e-mail

H.3 Evidence of Insurance 1 ea 10 days after contract award COR e-mail

REPORTS FROM ATTACHMENT 1

Report Type Sequence Description / Purpose Bi-weekly Report to INL Bi-weekly Inform INL on key developments and alert to issues / challenges and staffing report. Electronic.

Quarterly Newsletter Every three months A newsletter to inform USG, internationals and Palestinians on quarterly work and progress. Electronic.

“Fast balls” and other periodic reporting

As needed. Contractor will periodically receive time sensitive requests for information on program activity. Electronic.

Consultant Reports As needed. Submitted by consultants at the end of consultancy to address activities and findings.

Final Report NLT 30 days after completion of the contract.

Summarize major result, problems, successes and recommendations for follow-up activities. Include final data on all metrics / performance measures.

Electronic.

END OF SECTION F

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

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

b. Government Personnel

Contracting Officer Tandra Jones

Contract Administrator Chris Heck

HeckC@state.gov

Contracting Officer's Representative (COR) Timothy Farrell, INL Manager

American Consulate Jerusalem, Israel

FarrellTP@state.gov

G.2 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 authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual.

G.3 DOSAR 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 or 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.

mailto:HeckC@state.gov

Legislation & Advisory Bureau Assistance Project Page 11 of 47

b. Limit on Authority: The CORs may not alter or modify the specifications or contract terms and conditions, or waive the Government's requirements as to price, delivery, or other terms and conditions of the contract. Any changes in these conditions must be authorized in writing, by the Contracting Officer.

c. Responsibilities - The responsibilities of the CORs and Alternate CORs include, but are not limited to:

1. Recommending deductions for contract payment for hours not worked;

2. Advising the Contracting Officer of nonperformance or unsatisfactory performance;

3. Advising the Contracting Officer of any factors that may cause delay in performance of work.

4. Reviewing and approving invoices for payment.

G.4 INVOICES, REVIEW AND PAYMENT

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

The contractor shall e-mail the invoice as pdf document to the COR (see above).

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

Payment Schedule Fixed price payments shall be made monthly. Cost reimbursable expenses shall be reimbursed upon submission of complete and accurate supporting documentation.

Payment shall be made in the currency the contractor specified in Section B.

b. Designated Government Payment Office:

Financial Management Office American Consulate General 18 Agron Street, Jerusalem, Israel

c. CLIN Breakdown Structure: The contractor's invoice shall include a breakdown by

CLIN as well as by accounting and appropriation data as reflected on each CLIN.

d. Reimbursable Cost: The contractor will be reimbursed for all travel expenses such as air fare, hotel costs, meals and miscellaneous expenses (Per Diem) not exceeding the “Not-To-Exceed” amount in the contract. Air travel shall follow the Federal Travel Regulations, limiting travel to full fare economy or restricted fare if such fares are available to the contractor. Per Diem will be authorized for lodging and meals at the rate authorized by the DoS for each country visited. Lodging costs will only be reimbursed for the actual cost of lodging including service and taxes. The Contractor shall provide supporting documents, e.g. flight tickets, hotel invoices etc for the reimbursable line items.

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G.5 FINAL INVOICE – The contractor shall specifically identify the last invoice as the

"Final Invoice". The final invoice shall include the remaining amounts claimed to be due under the basic contract. It shall include a certification that all subcontractor's, suppliers, and consultants have been paid (or will be paid upon contractor's receipt of payment), and that all Government Furnished or contractor Acquired Property has been disposed of in accordance with COR direction. The final invoice shall include the Contractor's Release of Claims.

G.6 ADVANCE PAYMENT shall not be authorized under this contract.

G.7 CHANGES IN OWNERSHIP – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 OWNERSHIP OF DOCUMENTS – All documents delivered to the Government as the result of this contract are the property of the Government and for the use of the Government as it deems appropriate.

H.2 GOVERNING LAW – This contract and the interpretation thereof shall be governed by the laws of the United States of America.

H.3 INSURANCE

See Section K, clause 652.228-70 – Defense Base Act Insurance for requirements.

Evidence to be submitted to the COR 10 days after contract award.

H.4 RELEASE OF INFORMATION / SECURITY – All data furnished to the contractor and data developed in connection with the project shall be considered privileged.

The contractor shall make no public announcements, including news or press releases about this contract. The following considerations shall be followed by the Contractor and/or shall be incorporated into the documents.

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

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

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

WARNING

This document is the property of the US Government. Further reproduction and/or distribution is prohibited without the express written approval of the US Government.

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

d. Those receiving proposed and/or actual contract documents, to include blueprints, other technical drawings, sketches, photographs, exposed negatives, and/or descriptive narratives pertaining to the project, shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the US Government.

e. The US Government shall be afforded the opportunity to review all photographs and/or negatives in advance of any public use, and reserves the right to deny such use. No further dissemination, publication, duplication, or other use beyond that which was requested and approved is authorized without specific advance written approval from the US Government.

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

H.5 TRAVEL REIMBURSEMENT – Air travel, if required, shall be IAW Department of State (DoS) travel regulations, limiting travel to full fare economy or restricted fare if such fares are available to the contractor. Business class tickets will not be reimbursed.

H.6 CONTRACTOR VETTING

See Attachment 1, paragraph C.8.

END OF SECTION H

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SECTION I

CONTRACT CLAUSES

I.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#wp340130

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)

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

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

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52.204-9

Personal Identity Verification of Contractor Personnel JAN 1011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-14

Service Contract Reporting Requirements OCT 2016

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

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.215-2 Audit and Records – Negotiation

OCT 2010

52.215-8 Order of Precedence – Uniform Contract Format

OCT 1997

52.215-19 Notification of Ownership Changes

OCT 1997

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor – Cooperation with Authorities and Remedies

OCT 2016

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-40 Notification of Employee Right Under the National Labor Relations Act

DEC 2010

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

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.225-14 Inconsistency Between English Version and Translation of Contract

FEB 2000

52.225-19

Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAR 2008

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

JUL 2014

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas

JUL 2014

52.229-6 Taxes - Foreign Fixed-Price Contracts

FEB 2013

52.232-1 Payments

APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

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52.232-11 Extras

APR 1984

52.232-17 Interest

52.232-23 Assignment of Claims

52.232-25 Prompt Payment

JUL 2013

52.232-33

Payment by Electronic Funds Transfer – System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.233-1 Disputes (MAY 2014) ALTERNATE I

DEC 1991

52.233-3 Protest after Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim OCT 2004

52.237-3

Continuity of Services JAN 1991

52.242-13

Bankruptcy JUL 1995

52.243-1

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

52.244-6

Subcontracts for Commercial Items NOV 2016

52.246-25

Limitation of Liability – Services FEB 1997

52.248-1

Value Engineering OCT 2010

52.249-2

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

52.249-8

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

652.204-70

Department of State Personal Identification Card Policy and Procedures

FEB 2015

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF

1979, AS AMENDED (AUG 1999)

AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad

AUG 1999

652.242-73 Authorization And Performance AUG 1999

652.243-70

Notices AUG 1999

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The following clauses are provided in full text:

52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

a. Definition. As used in this clause--

“Electronic Funds Transfer (EFT) indicator” means a fourcharacter suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

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

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

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

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

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

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

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

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“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) The Contractor is responsible for the accuracy and

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

c. (1)

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

(A) Change the name in the SAM database;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform 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, Assignment of Claims). Assignees shall be separately registered in the SAM. 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.

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(3) The contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier 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 unique entity identifier does not necessarily require a novation be accomplished.

d. Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the

Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

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

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.222-50 – COMBATING TRAFFICKING IN PERSONS – ALTERNATE I (MAR 2015)

a. Definitions. As used in this clause—

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

http://www.sam.gov/ https://www.acquisition.gov/

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“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced Labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a sub-contractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor or firm that furnishes supplies or services to or for a prime contractor or another subcontractor

“United States” means the 50 States, the District of Columbia, and outlying areas.

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b. Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors and contractor employees and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract.

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers’ licenses, regardless of issuing authority:

(5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment –

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States; or

(B) For an employee who is not a United States national and who was brought in the United Sates for the purpose of working on a U.S.

Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed outside the United States; except that

(ii) The requirement of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is –

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

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(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands.

If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

c. Contractor requirements. The Contractor shall—

(1) Notify its employees of— (i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from:

Applies to performance in / at:

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[Contracting Officer shall insert title of directive / notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.]

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but not be limited to, removal from the contract, reduction in benefits, or termination of employment;

and

(2) Take appropriate action, up to and including termination, against employees, agents or subcontractors that violate the policy in paragraph

(b) of this clause.

d. (1) Notification. The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee, or their agent has engaged in conduct that violates this policy (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud; and

(ii) Any actions taken against a Contractor employee, subcontractors, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the

Contractor shall inform the Contracting Officer for the contract with the highest dollar value.

e. Remedies. In addition to other remedies available to the Government, the

Contractor’s failure to comply with the requirements of paragraphs (c), (d), (g), (h) or

(i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

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f. Mitigating and aggravating factors. When determining remedies, the Contracting

Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons awareness program at the time of the violation or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The contractor failed to abate an alleged violation or enforce the requirement of a compliance plan, when directed by the Contracting Officer to do so.

g. Full cooperation. (1) The Contractor shall, at a minimum –

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extend of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors’ and investigators’ requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of this contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine’

(ii) Require any officer, director, owner, employee or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Firth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation’ or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

h. Compliance plan. (1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

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(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government’s policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan…