RV3_Solicitation.pdf
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- Mobile Field Kitchen Federal contract opportunity
- Solicitation number
- SINLEC16Q0061
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Added FAR Clause 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)
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| RV1_Solicitation.pdf |
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
SINLEC16Q0061 SEALED BID (IFB)
NEGOTIATED (RFP)
2. TYPE OF SOLICITATION 3. DATE ISSUED
05/10/2016
RATING
IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
CODE INLMS
DEPARTMENT OF STATE - MGMT SYSTEMS DIV
(INL/RM/MS)
SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Domestic Funded
WASHINGTON, DC 20037-0101
7. ISSUED BY
DEPARTMENT OF STATE - MGMT SYSTEMS DIV
(INL/RM/MS)
SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Post Funded
WASHINGTON, DC 20037-0101
8. ADDRESS OFFER TO
9. FOR INFORMATION EMAIL: a. NAME
Anthony L. Pierce
b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL pierceal@state.gov
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
11. The Contractor shall begin performance within ______ calendar days and complete it within ______ calendar days after receiving
X award, notice to proceed. This performance period is X mandatory negotiable. ( (See __.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).
YES X NO
12b. CALENDAR DAYS
Sealed offers in original and ____ copies to perform the work required are due at the place specified in item 8 by __17:00:00__ (hour) local time __05/18/2016 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
a.
b. An offer guarantee is, X is not required.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.
d.
Offers providing less than ____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
13. ADDITIONAL SOLICITATION REQUIREMENTS:
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA - FAR (48 CFR) 53.236-1(e)
SINLEC16Q0061
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CONTACT: DUNS:
CODE FACILITY CODE
The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
17.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY
GLOBAL FINANCIAL SERVICES CENTER,
CHARLESTON, SOUTH CAROLINA
PO BOX 150008; Fax To: 1-866-483-3436
ATTN: OFFICE OF CLAIMS
CHARLESTON, SC 29415-5008
27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.
30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
Anthony L. Pierce 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
05/10/2016
31c. DATE
STANDARD FORM 1442 (REV. 4-85) BACK
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work F Deliveries or Performance
52.247-42 C.I.F. Destination (Apr 1984) G Contract Administration Data
01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS
I Contract Clauses
52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.213-2 Invoices (Apr 1984) 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)
52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)
K Representations, Certifications, and Other Statements of Offerors or Respondents 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016)
L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors--Commercial Items (Oct 2015)
001 Mobile Field Kitchen Sert CR500 (like or better) 1.00 EA Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
002 Mobile Field Kitchen Sert CR300 (like or better) 2.00 EA Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
003 Tactical and Operational Training 1.00 LT Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
004 Shipping & Handling 1.00 LT
DELIVERY ADDRESS
INL/APRRP
ATTN: Keith A. Werner 11841 Newgate Blvd Hagerstown, MD 21740
Doc Ref No:
Delivery
Date
FOB:
1001 Option-Mobile Field Kitchen Sert CR500 (like or better) 1.00 EA Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
1002 Option-Mobile Field Kitchen Sert CR300 (like or better) 2.00 EA Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
1003 Option-Tactical and Operational Training 1.00 LT Doc Ref No:
Delivery Date
FOB:
05/09/2016 Destination
1004 Shipping & Handling 1.00 LT
DELIVERY ADDRESS
INL/APRRP
ATTN: Keith A. Werner 11841 Newgate Blvd Hagerstown, MD 21740
Doc Ref No:
Delivery
Date
FOB:
05/09/2016 Destination
SINLEC16Q0061
Line Item Summary
Solicitation Number:
SINLEC16Q0061
Contract Number: Title: Contract APRRP FY15 16 PKO OCO FPU Kitchen
Date of Solicitation:
05/10/2016
Line Item No. Description Quantity Unit Unit Price Total Cost
Section C- Descriptions/Specifications/Statement of Work
SOW SOW
Section 1 General information
INFORMATION TO CONTRACTORS
Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Free-dom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the sub-mitted documents will be deemed releasable.
QUESTIONS
All questions must be submitted in writing. DoS will accept questions via e-mail. Written questions relating to this RFQ will be ac-cepted through 2:00pm Eastern Standard Time, 05/16/2016. Any communications in reference to this RFQ shall cite the reference number and be directed to the following individuals:
Name: Anthony Pierce Title: Contract Specialist E-mail: pierceal@state.gov
QUOTE DELIVERY
Contractors shall submit one quote via e-mail to pierceal@state.gov . This includes Microsoft Word, Excel, and PowerPoint (as ap-plicable and appropriate). PDF format shall be used only for scanned documents.
The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote sub-mission with the same font size restriction.
Contractors should use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the quote.
NOTICE OF RFQ CLOSING DATE AND TIME
All offers shall be submitted to the designated Government Representative via e-mail not later than 2:00pm Eastern Standard Time, 05/18/ 2016.
Name: Anthony Pierce Title: Contract Specialist E-mail: pierceal@state.gov
MULTIPLE QUOTE/ALTERNATIVE SOLUTIONS
Contractors shall not submit, nor will the Government accept or evaluate, multiple quotes offering alternative solutions. Contractors shall not submit, nor will the Government accept or evaluate, multiple solutions within one quote.
PERIOD OF ACCEPTANCE OF OFFERS
Contractors shall agree, if the quote is accepted within 90 calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of quote, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.
SECTION 2
STATEMENT OF WORK (SOW)
GENERAL
The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime. INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. One of the many ways to effectively meet the listed goals is to collaborate with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.
Police are a critically important element of United Nations (UN) peacekeeping operations, as evidenced by the 10 fold growth in po-lice authorized for UN missions over the past 15 years. Recognizing the growing demand for police as well as the increased complex-ity of the roles they play, INL/CAP assists police contributing countries (PCCs) and the UN to improve the quality and timeliness of police deployed to UN missions. INL provides equipment, training, and capacity building assistance to PCCs as well as technical and funding support to the UN Police Division.
President Obama announced the African Peacekeeping Rapid Response Partnership (APRRP) during the August 2014 U.S.-Africa Leaders Summit in an effort to better address this challenge. Through APRRP, the Administration plans to build, strengthen, and in-stitutionalize capabilities to generate and rapidly deploy peacekeepers in six initial partner countries: Ethiopia, Ghana, Rwanda, Senegal, Tanzania, and Uganda. Rapid response includes the ability to quickly plan and deploy Police Contributing Countries (PCCs) within 30 days after the adoption of Security Council resolution and sustain the police for six months. This deployment can include Formed Police Units (FPUs), Individual Police Officers (IPOs), and police support staff. As part of APRRP, INL will focus on build-ing the police peacekeeping capabilities necessary to assist APRRP partners in developing their own capacity so that they are capable of quickly deploying high quality police peacekeepers and independently sustaining them in-mission.
DESCRIPTION OF REQUIREMENTS
Note: This requirement will be a Brand Name or Equal. The items listed below are intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal” products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invita-tion
The Contractor shall provide to the U.S. Government the field kitchen equipment and components described in this solicitation for the stated fixed price. Further, the Contractor shall properly perform the pre-delivery inspection of the kitchen equipment and compon-ents and deliver them to the location set forth in Section below (Place of Delivery), of this contract. The firm fixed price shall include all equipment components that comprise the field kitchen package being quoted, pre-delivery inspection, operator’s manuals and war-ranty certificates. All manuals shall be furnished in the English and French language.
All equipment must be painted white with appropriate United Nations markings IAW the Contingent -Owned Equipment Manual dated 27 October 2011, (see online version for further clarification).
CLIN001 – Mobile Field Kitchen Sert CR500 (like or better) or equal Quantity - 1
The mobile field kitchen shall be configured to allow users to carry out efficient meal preparation for 100 to 150 people three times a day, at a semi-permanent base station. It should be self-contained for food preparation, cooking and heating. The unit shall include multifunction ovens, hot plates, and kettles with a griddle and tables for work space. The kitchen unit should have low electric power consumption to ensure autonomy, and be mounted on an off road chassis and axle so that it can be towed by any tactical utility vehicle or transported by aircraft. There shall be a sheltered platform for users working in the area and provide a catering complex that can be set up adjacent to the field kitchen with a refrigeration trailer. The unit must be able to operate in remote and undeveloped areas.
Equipment and Components
The mobile kitchen unit shall include:
• 2 stainless steel cooking modules multifunctioning as kettles of 125 liters with capacity for pan frying or deep frying with drainage outlets
• 2 ovens with adjustable levels and a unit volume of at least 118 liters
• 1 large hot plate of 78” diameter or 2 hot plates of 26” in diameter and 1 corrugated griddle of 26” diameter
• 3 removable work tables and 2 self-service tables with more than 4 feet working space each
• 3 fuel burners, diesel gas for cooking interchangeably and heating with operating temperatures 50º - 120 º F
• Ergonomic control panels and lighting for night usage
• 1 2.5 removable air-cooled electric generator located in the tow bar during transit
• 1 sanitation unit with water tanks providing hot water for cleaning the unit
• Trailer mounted on a single axle with torsion bar suspension system, and having required components, the trailer shall be able to be closed with white removable PVC coated canvas walls with windows and shutters; have non-slip walk ways with folding sides, adjustable legs to stabilize the unit; tow bar with standard tow ring to allow different height of tow hook, and be equipped with inertia brake system and raised 700 mm above the ground.
CLIN002 – Field Kitchen Sert CR300 (like or better) or equal Quantity – 2
The field kitchen shall be configured to ensure catering service for 40 to 50 people deployed in the field for 3 to 14 days. The kitchen unit shall be equipped with ability to pan fry or deep fry up to 70 liters, and heat meals as required. The field kitchen shall be con-figured to quickly and simply set up the unit to provide meals efficiently. The catering unit shall consume low electric power and in-clude options for preparing full meals or heating rations. The unit must be able to operate in remote and undeveloped areas.
Equipment and Components
The kitchen unit shall include:
• 2 stainless steel cooking modules equipped with bottom fry pan of 70 liters, 50 diameters or pressure cooker of 150 liters
• 2 working tables with stainless steel work plan for the total area of 2.2 m and stored on the trailer
• Central storage unit and two jerry cans for fueling the module with diesel liquid
• White Protective tarpaulin for transport, marked with UN insignias
• White canopy for sheltering cooking modules and user
• Lighting for night use
• Extra kettle or fry pan that is interchangeable
• Diesel powered generator of 2 kVA
• 1 isothermal containers
• Sanitation equipment for cleaning the unit after usage
• Trailer mounted on single axle with new generation flexible suspension
• Articulated tow bar with inertia braking system to allow for ease of adjustments in towing height
• Stabilizing wheels and legs
• Ready to operate in 15 minutes
CLIN003-Tactical and Operational Training
The contractor shall provide training to units selected for train-the-trainer in mission in areas that may be remote and undeveloped.
The training will be scheduled upon notification by the COR once equipment is in country. At INL’s discretion and based on the needs of the partner country and the UN, training will be conducted either during the pre-deployment phase in Senegal, Rwanda, Ghana, Ethiopia, Tanzania, or Uganda, or on-site in a UN peacekeeping mission in Africa, including but not limited to South Sudan, Mali, Central African Republic, Burundi, or other UN or AU mission area. INL will require the vendor’s flexibility and adaptability on the ultimate location for the delivery of training. The vendor shall provide all travel and logistical support to its staff during training. The documentation of completed training shall accompany vendor’s receipt for acceptance for payment of services.
A. Measurement of Training Success
• At the end of training, participants must demonstrate competency regarding handling, operating, and maintaining the equipment to manufacturer’s original specifications, including how to order and install spare parts. INL will require documentation of the satisfactory completion of such training and its representatives may observe the training.
• The vendor will document the number of persons trained, disruptions to the training, if any, and confirm the number of persons who have satisfactorily completed training.
• Additionally, for the vendor to successfully have completed the training, at least 85% of the training group meets the UN standards for vehicle maintenance and operation by the end of the training.
• All trainees who complete this training must demonstrate operational capacity for all outlined equipment items.
If the trainees do not satisfactorily meet the standards of the training evaluation process by failure to meet UN standards, the vendor shall notify the Contracting Officer’s Representative (COR) and the INL program officer immediately.
B. Language Assistance When required to effectively deliver training, the contractor must provide local interpreters for language support. Note: Many of APRRP’s current partner countries are in francophone West and Central Africa.
CLIN 004 - Shipping & Handling Quantity: 1 Lot (see details below)
OPTIONAL QUANTITY
CLIN 1001 - Mobile Field Kitchen Sert CR500 (like or better) or equal Quantity: 1 Each
Specifications: Reference CLIN 001
CLIN 1002 - Field Kitchen Sert CR300 (like or better) or equal QUANTITY: 1 Lot
Specifications: Reference CLIN 002
CLIN 1003 – Training Quantity 1 Lot
CLIN 1004 – Shipping & Handling Quantity 1 Lot
Delivery Information
Delivery will be approximately 45 days after receipt of award. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. When the order is ready for shipment, forward the shipment prepaid directly to:
DELIVERY ADDRESS
INL/APRRP
ATTN: Keith A. Werner 11841 Newgate Blvd Hagerstown, MD 21740
PACKING AND MARKING
REMARKS: Each box, carton, and package shall be marked as follows) INL/African Peacekeeping Rapid Response Partnership (INL/APRRP)
CO
Purchase Order No._____________ Box #__ of __
REMARKS: Improperly marked shipments will be rejected by the USG. Offerors should include specific details and delivery dates in their responses to this RFQ.
No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of contract award.
TYPE OF CONTRACT
This is a firm-fixed price, single award contract, with the optional quantities under FAR Part 13 Subpart 13.5 – Simplified Procedures for Certain Commercial Items. 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 these prices 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.
SET-ASIDE
This acquisition is a 100% small-business set-aside in accordance with FAR 6.203.
EFFECTIVE PERIOD OF CONTRACT
This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are re-ceived, inspected and accepted by the Government.
SECTION 3
INSTRUCTIONS, EVALUATION FACTORS AND METHODOLOGY
Quote submitted in response to this RFQ shall include the following information:
• Product information that demonstrates compliance with all specifications in Section 2
• Itemization of all products and services offered
• Description of special features, testing procedures and any value-added services
• Identification of any non-contract items (i.e. open market items)
• Delivery schedule
• Shipping Services terms and conditions
• Payment terms
• Firm fixed prices for all offered items and services
• Standard warranty offered
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicit-ation will be most advantageous to the Government, price and other factors considered. Basis for award will be to the vendor provid-ing the lowest price technically acceptable quote determined to meet the minimum requirements.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac-ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified ex-piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
SOLICITATION CONSIDERATIONS
The seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).
The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to sup-port both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.
Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that coun-try into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substan-tially transformed, and based solely on its integration into IT or other systems
The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions.
They shall not communicate to any person any information known to them by reason of their performance of services under this con-tract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Con-tracting Officer.
All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of em-ployment and in all subcontracts hereunder.
Section F- Deliveries or Performance
52.247-42 C.I.F. Destination (Apr 1984)
(a) The term "c.i.f. destination," as used in this clause, means free of expense to the Government delivered on board the ocean vessel to the specified point of destination, with the cost of transportation and marine insurance paid by the Contractor.
(b) The Contractor shall--
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements;
(2)(i) Deliver the shipment in good order and condition; and
(ii) Pay and bear all applicable charges to the point of destination specified in the contract, including transporta-tion costs and export taxes or other fees or charges levied because of exportation;
(3) Obtain and dispatch promptly to the Government clean on-board ocean bills of lading to the specified point of destination;
(4) Be responsible for any loss of and/or damage to the goods occurring before delivery;
(5) At the Government's request and expense, provide certificates of origin, consular invoices, or any other doc-uments issued in the country of origin or of shipment, or both, that may be required for importation into the country of destination; and
(6) Obtain and dispatch to the Government an insurance policy or certificate providing the amount and extent of marine insurance coverage specified in the contract or agreed upon by the Government Contracting Officer.
(End of clause)
Section G- Contract Administration Data
01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS
Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.
To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:
(1) Name and Address of the Contractor
(2) Dun and Bradstreet Universal Number System (DUNS)
(3) Date of invoice
(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.
(5) Remittance Contact Information
(6) Shipping Terms, Ship to Address
(7) Payment Terms
(8) Total Quantity of Items
(9) Total Invoice Amount
(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.
(11) Order line item number and information (see below instructions)
The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.
IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:
(1) Description of the services rendered for each line item
(2) Line Item Quantity
(3) Line Item Unit Price
(4) Total Line Item Invoicing Amount
(5) Delivery Date
(6) Contract Line Item Number (CLIN)
(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)
Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.
All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.
Additional correspondence should be addressed to:
Name:
U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center
Mailing Address:
Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:
Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm
To request Payment Status on a Past Due Invoice contact:
Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free
Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)
Section I- Contract Clauses
52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the re-quirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming sup-plies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduc-tion or adequate consideration for acceptance of nonconforming supplies or services. The Government must ex-ercise its post-acceptance rights--
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of per-formance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or re-lating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this con-tract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occur-rence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidem-ics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if au-thorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this con-tract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper in-voice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Man-agement), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Man-agement and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this con-tract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appro-priate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Of-ficer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a de-fault termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become pay-able to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price re-flecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and condi-tions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remed-ies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be li-able to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving preced-ence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Gov-ernment Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccur-ate 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 con-tractual document.
(2)(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 FAR 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; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to per-form the agreement at paragraph (t)(2)(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.
(3) 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 Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contract-or'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.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechan-ism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Govern-ment authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly au-thorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.213-2 Invoices (Apr 1984)
The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state-
(a) The starting and ending dates of the subscription delivery; and
(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.
(End of clause)
52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.222-50 Combating Trafficking in Persons (Mar 2015)
(a) Definitions. As used in this clause
Agent means any…
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