Court.doc

American Embassy Tbilisi

Date: 03/06/12 To:

Prospective Offerors Subject: Solicitation number SGG80012P0001 Enclosed is a Request for Proposals (RFP) for Court Monitoring services for the Department of Justice of US Embassy Tbilisi. If you would like to submit a proposal, follow the instructions in Section L of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 33 that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Proposals are due by 5:00pm (GMT+4) on April 6, 2012

1 | 36

2. CONTRACT NO.

3. SOLICITATION NO.

S-GG800-12-R-XXXX

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

04/12/2007

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

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

American Embassy Tbilisi

11 George Balanchine St.

Tbilisi, Georgia

Phone: (995) 32 277 000 Fax: (995) 32 53 23 08 Procurement Office GSO

US Embassy Tbilisi

11 George Balanchine St.

Tbilisi, Georgia

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specificed, in the depository located in Block 8 until 5:00p.m. local time April 6, 2012 .

(hour)

(date)

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

10. FOR INFORMATION

CALL:

A. NAME

Tamar Jashi

B. TELEPHONE (NO COLLECT CALLS)

(995) 32 2277 000

C. E-MAIL ADDRESS

Jashit2@state.gov

11. TABLE OF CONTENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inseted by the offer) 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.

13. DISCOUNT FOR PROMPT PAYMENT

SEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

0%

20 CALENDAR DAYS

0 %

30 CALENDAR DAYS

0 %

365 CALENDAR DAYS

6 %

(The offeror acknowledges receipt of amendments to the solicitation and related documents ) numbered and dated:

15A.

NAME

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED

ANDADDRESS

OF OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ]

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(2 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) Kevin Allen

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

SCOPE OF SERVICES

Court Monitoring Services for the Department of Justice of US Embassy Tbilisi.

B.2

TYPE OF CONTRACT

This is a fixed price contract.

B.3

LEVEL OF EFFORT

(a) The contractor shall provide the services for the base period of the contract at the rates shown in Section B and any option years exercised by the Government.

(b) The quantities of supplies and services specified in the Schedule are estimates only and are not guaranteed by this contract.

B.4

PRICING

(a) For satisfactory performance of all the scheduled service required under this contract, the Government shall pay the Contractor a fixed-price per unit of service.

(b) The Government will make payment in local currency.

B.5 BASE YEAR PRICES (May 1, 2012 – April 30, 2013) Court Monitoring Project

Total GEL

TOTAL for BASE YEAR: ___________________

B.6 FIRST OPTION YEAR PRICES (May 1, 2013 – April 30, 2014) Court Monitoring Project

Total GEL

TOTAL for FIRST OPTION YEAR : _______________

B.7 SECOND OPTION YEAR PRICES (May 1, 2014– April 30, 2015) Court Monitoring Project

Total GEL

TOTAL for SECOND OPTION YEAR : _______________

B.8 THIRD OPTION YEAR PRICES (May 1, 2015 – April 30, 2016) Court Monitoring Project

Total GEL

TOTAL for THIRD OPTION YEAR : _______________

B.9 FOURTH OPTION YEAR PRICES (May 1, 2016 – April 30, 2017) Court Monitoring Project

Total GEL

TOTAL for FOURTH OPTION YEAR : _______________

B.10 GRAND TOTAL

Base Year Total:

First Option Year Total:

Second Option Year Total:

Third Option Year Total:

Fourth Option Year Total:

GRAND TOTAL:

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1.

Work Requirements.

C.1.1 General requirements Objective: Monitor 1) hearings on pre-trial preventive measures, 2) plea agreement reviews, and 3) substantial reviews conducted at The Tbilisi City Criminal Court, Rustavi, Kutaisi and Mtsketa city Criminal Courts by utilizing a standard court monitoring questionnaire.

Court monitoring shall be carried out on any criminal case, but priority shall be given to monitoring first degree murder cases, corruption crime, any other crime committed by a law enforcement or government official, money laundering, trafficking in person, assault (domestic violence ), child pornography, intellectual property violations, drug trafficking and any other organized crime.

C1.2. Deliverables:

A Contractor will develop and agree with the USG Contracting Officer’s Representative (COR) a standard Court Monitoring Questionnaire. The Contractor shall prepare bi-weekly reports and also produce a monthly and bi-annual report, due not later than the 5th day of the following month, summarizing with sufficient detail the following statistics and proceedings. The Contracting Officer’s Representative shall assess the quality and completeness of the report, based on inclusion of the following categories of data, prior to approving invoices for payment.

COR may add or change standard questionnaire as appropriate. Following is minimum statistical data which should be included in the report.

· Hearings Statistics observed:

· Pre-trial

· Total number

· Total number by Criminal Code Article number

· In Absentia

· Total number

· Total number by Criminal Code Article number

· Plea Agreements

· Total number

· Total number by Criminal Code Article number

· Substantial Reviews

· Total number

· Total number by Criminal Code Article number

· Quality Performance Assessments

· Prosecutors

· Public Defenders

· Private Defense Attorneys

· Police Witnesses

· Witness Statistics

· Number of witnesses per case for prosecution

· Number of witnesses per case for defense

· Number of expert witnesses

· Outcome Statistics

· Bail

· Total number Bail Granted or Denied, by Criminal Code Article number

· Individual Bail Amounts by Criminal Code Article number

· Total number Bail Changed

· To Personal Bail, by Criminal Code Article number

· To Arrest, by Criminal Code Article number

· Rationale for Granting Changes to Bail Amounts. Note: It is essential to specify if the parties’ statements (especially the Prosecution’s) were supported by any evidence.

· Likelihood of Continued Criminal Activity by the Defendant

· Gravity of the Crime /i.e. is facing multiple years in prison

· Previous Conviction

· Flight Risk due to no family ties or link to the community, residence in the breakaway regions

· Repeated Action after Administrative Fine

· Probability of Hindering Investigation and personal characteristics supporting this argument

· Reasons for possibility of Avoiding Participation in Hearing

· Cooperation with Investigation

· Lack of Cooperation with Investigation

· Other (specify)

· Postponement and Delays

· Total number of Hearing Postponements and delays, measured in time

· Reason for Postponement of Hearing or delay

· Absence of Prosecution Witness(es)

· Absence of Defendant(s)

· Absence of Defense Attorney(s) (specify if Public Defender or Private Defense Attorney)

· Appoint Public Defender

· Absence of Prosecutor(s)

· Absence of Victim(s)

· Absence of Interpreter

· Change Crime Qualification

· Merge Cases Involving the Same Defendant

· Negotiation for Plea Agreement

· Preparation for Examination of Evidence

· Need for Newly-appointed Defense Attorney to Examine Case Materials

· Absence of Documents in Case Files

· Need for Expert’s Conclusion

· Preparation for Final Argument

· Need to Hand Over Arraignment to Defendant

· Transportation Difficulties

· Other (specify)

· Convictions

· Total number

· Total number by Criminal Code Article number

· Length of sentence by Criminal Code Article number

· Acquittals

· Total number

· Total number by Criminal Code Article number

· Other Outcomes (specify)

A monthly and bi annual report shall include a word in word transcript of the section of a hearing which was considered by a monitor to be in violation of the fair trial standards (emphasis added). The transcript shall be of the length which will enable a reader to understand what exactly happened in the court and why is it in violation of the law, or may result in bad perception of the Justice System.

Every 6 months, a summary report will be produced by a contractor in Georgian and English languages summarizing statistical info of 6 months. Georgian version will include factual statements only, while English version will include not only factual examples from the monitoring, but will also identify law which was violated, drawing summary conclusions based on the facts of violation and providing recommendations for improvement. Georgian Criminal Procedure Code rules and ECHR standards shall be used as a primary measuring tool to assess state of fair trial practices.

All deliverables shall be in the English language and delivered to Nata Tsnoriashvili

US Embassy Tbilisi - DOJ

11 George Balanchine St.

Tbilisi, Georgia

C.2 pAYMENT The Government will compensate the vendor monthly for the services rendered during a month. The Contractor shall submit a single monthly invoice, together with the monthly report, not later than the 5th day of each month for the preceding month. This single invoice shall cover the Contractor’s full cost for services performed.

The USG Contracting Officer’s Representative (COR) shall examine each monthly report for quality, completeness, and accuracy prior to approving the invoice for payment. If the COR detects any discrepancies in the report, the invoice shall be returned to the Contractor with a thorough and precise explanation of what additional information is required before the invoice will be approved for payment.

Upon receipt of a satisfactory monthly report and a proper invoice, the COR shall approve payment within five work days and forward it to the USG Financial Management Center for liquidation.

The Contractor’s invoice must include the following information and meet the following criteria in order to be processed for payment:

· Shall be written in English

· Shall clearly indicate the period of performance (e.g., April 1-30, 2011).

· Shall clearly indicate the item being billed (e.g., April 2011 Monthly Report of Court Proceedings).

· Shall include the name and address of the contractor.

· Shall bear a date subsequent to the period of performance, but not more than 30 days after the close of the month which the report covers.

· Shall specify an amount of payment equal to the monthly amount specified in the contract award.

· Electronic funds transfer (EFT) banking information

Invoice shall be submitted in original to the following address:

Financial Management Office US Embassy Tbilisi, 11 George Balanchine St.

Tbilisi, Georgia

SECTION D - PACKAGING AND MARKING

RESERVED

SECTION E - INSPECTION AND ACCEPTANCE

E.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-4

INSPECTION OF SERVICES -

AUG 1996

FIXED-PRICE

E.2. 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 performance, 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.

Services.

Performs all janitorial services set forth in the performance work statement (PWS)

E.2.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

E.2.2 STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

SECTION F - DELIVERIES OR PERFORMANCE

F.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-15

STOP-WORK ORDER

AUG 1989

52.242-17

GOVERNMENT DELAY OF WORK

APR 1984

F.2

PERIOD OF PERFORMANCE

The performance period of this contract is from April1, 2012 and continuing for 12 months, with 4 one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

F.3

DELIVERY SCHEDULE

See section C.1.2

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

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

(a) The Contracting Officer may designate in writing one or more Government employees, by name 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.

(b) The COR for this contract is Nata Tsnoriashvili, Legal Assistant of Department of Justice of US Embassy Tbilisi.

G.1.2 Duties The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2

SUBMISSION OF INVOICES

The Contractor shall submit invoices in an original and 2 copies to the Financial Management Office at the following address:

US Embassy Tbilisi

11 George Balanchine St, Tbilisi, 0131.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

STANDARDS OF CONDUCT

General. The Contractor shall maintain satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

(c) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

(d) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

· falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

· unauthorized use of Government property, theft, vandalism, or immoral conduct;

· unethical or improper use of official authority or credentials;

· security violations; or,

· organizing or participating in gambling in any form.

H.2

LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

(a) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

(b) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

(d) Amount Of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain insurance during the entire performance.

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

(e) Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the performance of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

SECTION I - CONTRACT CLAUSES

I.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.202-1

DEFINITIONS

JUL 2004

52.203-3

GRATUITIES

APR 1984

52.203-5

COVENANT AGAINST CONTINGENT FEES

APR 1984

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES

SEP 2006

TO THE GOVERNMENT

52.203-7

ANTI-KICKBACK PROCEDURES

OCT 2010

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY

JAN 1997

OF FUNDSFOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL

OR IMPROPER ACTIVITY

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.204-4

PRINTING/COPYING DOUBLE-SIDED ON

RECYCLED PAPER

AUG 2000

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

JUL 2010

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST

DEC 2010

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2

AUDIT AND RECORDS - NEGOTIATION

52.215-8

ORDER OF PRECEDENCE

OCT 1997

UNIFORM CONTRACT FORMAT

52.215-11

PRICE REDUCTION FOR DEFECTIVE CERTIFIED

COST OR PRICING DATA – MODIFICATIONS

AUG 2011

52.215-13

SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA – MODIFICATIONS

52.215-14

INTEGRITY OF UNIT PRICES

52.215-21

REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING

DATA--MODIFICATIONS

52.222-19

CHILD LABOR – COOPERATION WITH

JULY 2010

AUTHORITIES AND REMEDIES

52.222-50

COMBATTING TRAFFICKING IN PERSONS

FEB 2009

52.223-18

CONTRACTOR POLICY TO BAN TEXT MESSAGING

WHILE DRIVING

AUG 2011

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN

FEB 2006

PURCHASES

52.225-14

INCONSISTENCY BETWEEN ENGLISH

FEB 2000

VERSION AND TRANSLATION OF CONTRACT

52.228-5

INSURANCE-WORK ON A GOVERNMENT

INSTALLATION

52.229-6

TAXES - FOREIGN FIXED-PRICE

JUN 2003

CONTRACTS

52.232-1

PAYMENTS

MAY 2001

52.232-8

DISCOUNTS FOR PROMPT PAYMENT

FEB 2002

52.232-11

EXTRAS

52.232-17

INTEREST

52.232-24

PROHIBITION OF ASSIGNMENT OF CLAIMS

JAN 1986

52.232-25

PROMPT PAYMENT

OCT 2008

52.232-34

PAYMENT BY ELECTRONIC FUNDS TRANSFER

OTHER THAN CENTRAL CONTRACTOR

REGISTRATION

MAY 1999

52.233-1

DISPUTES

JUL 2002

-- ALTERNATE I (DEC 1991)

52.233-3

PROTEST AFTER AWARD

AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

OCT 2004

52.237-2

PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

52.237-3

CONTINUITY OF SERVICES

JAN 1991

52.242-13

BANKRUPTCY

JUL 1995

52.243-1

CHANGES - FIXED-PRICE

AUG 1987

-- ALTERNATE II (APR 1984)

52.245-1

GOVERNMENT PROPERTY

JULY 2010

52.245-2

GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES

JUNE 2007

52.246-25

LIMITATION OF LIABILITY – SERVICES

FEB 1997

52.248-1

VALUE ENGINEERING

FEB 2000

52.249-4

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM)

52.249-8

DEFAULT (FIXED-PRICE SUPPLY AND

SERVICE)

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

FAR clauses in full text:

I.2 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.

I.3

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MARCH 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 _5 (five) years.__ I.4

RESERVED

I.5

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I.7

652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. The contracting officer must make all modifications to the contract in writing.

I.8

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

I.10.

652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;

(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.

I.11.

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

Regulations at 22 CFR Part 136 require that U.S. Government employees and their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes. Should the Contractor experience importation or tax privileges in a foreign country because of its contractual relationship to the United States Government, the Contractor shall observe the requirements of 22 CFR Part 136 and all policies, rules, and procedures issued by the chief of mission in that foreign country.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

NONE

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985)

The offeror certifies that -

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

Each signature on the offer is considered to be a certification by the signatory that the signatory -

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ____________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.2 52.203‑11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision – “Lobbying contact” has the meaning provided at 2 USC 1602(8). The terms “agency”, “influencing or attempting to influence”, “officer or employee of an agency”, “person”, “reasonable compensation”, and “regularly employed” are defined in the FAR clause of this solicitation entitled Limitation on Payments to Influence Certain Federal Transactions (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contract on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its officer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 USC 1352. Any persons who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $150,000, for each failure.

K.3

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) Taxpayer Identification Number (TIN).

___ TIN: _____________________.

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of a Federal, state or local government;

___ Other. State basis. _________________________

(d) Corporate Status.

___ Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

___ Other corporate entity;

___ Not a corporate entity;

___ Sole proprietorship

___ Partnership

___ Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

___ Name and TIN of common parent:

Name _____________________________

TIN ____________________________

K.4 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification (AUG 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

K.5 52.204-8 Annual Representations and Certifications (Nov 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561720.

(2) The small business size standard is $16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25,…