SINLEC16Q0089_-_Police_Bicycles_-_INL_Georgetown.pdf

SINLEC16Q0089

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

United States Department of State (DoS)

United States Embassy Georgetown, Guyana

Bureau of International Narcotics and Law Enforcement Affairs (INL)

Police Bicycles and Items

Request for Quote (RFQ):

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See FAR 3.104

SECTION 1

GENERAL INFORMATION

The Government intends to award a firm fixed price contract for ALL “Brand Name or

Equal” specifications listed under this RFQ.

1.1 INFORMATION TO VENDORS:

Vendors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom 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 submitted documents will be deemed releasable.

1.2 QUESTIONS CONCERNING THE REQUEST FOR QUOTE:

Offerors are warned against contacting any INL personnel other than the Contracting Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contract Specialist by email. Written questions relating to this RFQ shall be accepted through 4:00 P.M., EST on 25 AUGUST 2016. Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Kyle Lee Title: Contracting Specialist E-mail: LeeKE3@state,gov

1.3 NOTICE OF RFQ CLOSING DATE AND TIME:

All offers shall be submitted to the designated Government Representative via e-mail No Later Than (NLT) 2:00 P.M., EST on 1 SEPTEMBER 2016.

Name: Kyle Lee Title: Contracting Specialist E-mail: LeeKE3@state,gov

Name: Anthony Pierce Title: Contracting Officer E-mail: PierceAL@state.gov mailto:GuilloryYR@state.gov

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1.4 CONTRACTOR RELATIONSHIPS:

The Department of State (DoS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest identified in the proposal to ensure proper firewalls established prior to award.

1.5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS:

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

1.6 PERIOD OF ACCEPTANCE OF QUOTES:

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, 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.

1.7 TYPE OF CONTRACT:

This requirement will result in the award of a Firm-Fixed-Price (FFP) Delivery Order for the requirements identified in this RFQ. The FFP price shall include all direct and indirect costs, profit, shipping/delivery charges (if any), and any and all insurances. The price will not be subject to adjustment after award.

1.8 BASIS FOR AWARD:

This request for quotations uses procedures in accordance with FAR Part 12 Commercial Items and FAR Part 13.5, Test Program for certain commercial items. The Government intends to make an award based on the lowest price technically acceptable (LPTA) source selection process (IAW:

FAR 13.106-2(g) & 15.101-2).

1.9 ACQUISITION METHOD:

The U.S. Government will issue a purchase order under FAR 12 with a procurement set-aside to 100% Total Small Businesses. ONLY qualified SBA certified Small Businesses under the applicable NAICS code, shall be considered for award in accordance with FAR Part 19.

1.10 SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery, of this contract. The firm fixed price shall include the products pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by the Government under the NAICS code 336991 Motorcycle, Bicycle, and Parts Manufacturing.

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See FAR 3.104

1.11 OFFEROR PROPOSAL

Vendor proposal/ price quotation shall include the following:

Submission shall be viewable in either: Microsoft Word 2010, Excel 2010, PowerPoint 2010, Adobe Reader XI, or Adobe Acrobat Pro X (as applicable and appropriate). Pricing information shall be provided in the attached “Price Matrix” excel spreadsheet. Should the offeror find the attached spreadsheet insufficient to accurately describe the pricing quotation, the vendor may include supplemental pricing information in a separate document, but the price matrix provided must also be completed.

Vendor shall be limited to no more than three (3) separate digital files for a proposal package.

The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote submission, including but not limited to font size, and spacing/kerning. For email based submissions, vendors shall use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the quote.

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

At a minimum, a complete proposal package must include:

• Completed Pricing Matrix (attached)

• Detailed itemized technical specifications

• Past Performance (See: Section 3.4.6, Past Performance)

• The contractor’s GSA FSS catalog (if applicable)

• Description of any special features, testing procedures and any value-added services

• Delivery information and shipping services including terms and conditions

• Payment terms

• Firm fixed prices for offered items/services

• Highlighted discounts offered compared GSA FSS price (if applicable)

• Detailed warranty information/terms & conditions (if applicable)

Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal. For more information on minimum warranty specifications, see: Section 2.3.4, CLIN 003, Warranty.

Proposals that include only the information found in the solicitation (E.g. copied/pasted) will not be considered a complete proposal. Vendor submissions must include a detailed description of the

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104 items that will be provided. This information may include, but is not limited to, part or manufacturer numbers, brand names (if applicable), line drawings, or photographs (see Section

1.11.1 below).

1.11.1 Product Images Required – Yes/No: _YES_

If marked “YES” above, the offeror must provide color photographs, clearly depicting the items described in “SECTION 2” of this solicitation. This requirement does not apply to Line Items that do not reference physical products capable of being photographed, such as training services or warranty.

Amplifying information regarding requirements for offeror submissions specific to this solicitation may be found in Section 3.3, “QUOTE SUBMISSION. Additionally, offerors are highly encouraged to review Federal Acquisitions Regulations (FAR) Part 13 – Simplified Acquisitions Procedures, Part 14.3 – Submission of Bids, Part 15.404 – Proposal Analysis, Part 52.214-12 – Preparation of Bids.

*The Government reserves the right to disqualify offerors that do not submit all required documentation, or otherwise do not comply with the above proposal guidlines, or any other requirements outlined in this document.*

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SECTION 2

DESCRIPTION OF REQUIREMENT

2.1 BACKGROUND

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 partner 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.

Community Policing-The Community Policing Project and the amendment of the same name signed the 22nd day of September of 2015 is working with the Government of Guyana - Community Outreach Program. This program declares that all members of Guyanese law enforcement, from elite tactical officers to the foot patrol officer, are community police officers. In order to strengthen this program, INL Guyana will continue to provide training, advisory, material, and technical support to the Guyanese Police Force to promote the sustainable deployment and implementation of the program.

2.2 SCOPE

The U.S. Department of State, bureau of International Narcotics and Law Enforcement (INL), United States Embassy – Guyana has a requirement to provide Police Bicycles to the Guyana Police Force. This acquisition will require an optional quantity of bicycles matching the initial requirement below. Please see the corresponding Price Matrix for pricing instructions on optional quantities.

2.3 DELIVERABLES & SPECIFICATIONS

This solicitation outlines a “Brand Name or Equal” requirement. The items listed below are intended to be descriptive, but not restrictive, and are 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 their respective proposals, and are determined by the Government to meet fully the salient characteristics requirements listed in the solicitation.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

2.3.1 Tab. 1

CLIN Description QTY 001 Police Bicycle 200 002 Lights 200 003 Bag 200 004 Helmet 200 005 Mechanic Tool Kits 10 006 Bike Multi Tool 250 007 Repair Stand with Tote Bag 10 008 Warranty 1

2.3.2 CLIN 001 – Police Bicycle

FUJI CODE 1 (Brand Name or Equal)

• Aluminum Frame

• 24 Speed Shimano Drive Train or equal

• Dual Disc Brakes

• Suspension Fork with Lockout

• Rear Rack Included

• Sizes: Small/Medium 15” (100 units) Medium 17" (100 units)

• Color: Black

• Main frame: Aluminum with down tube, Tri shaped top tube, Oversized seat tube and integrated head tube, double water bottle mounts

• Rear triangle: Aluminum with S-bend stay, Cold forged dropout and disc mount w/replaceable hanger

• Fork: SR Suntour XCT or equal with Mechanical Lockout 80mm travel

• Crankset: Full Forged, 22/32/42T

• Bottom bracket: Sealed Cartridge Bearing Square Taper

• Front Derailleur: Shimano Acera or equal

• Rear Derailleur: Shimano Acera or equal

• Shifters: Shimano Acera Trigger shifter, 24-speed

• Cassette: Shimano HG31, 11-32T 8-speed or equal

• Chain: KMC Z-72 or equal

• Wheelset: Formula Sealed Alloy 36H Disc Hubs, Alex DM-18 alloy double wall rims or equal

• Tires: Kenda, K-841, Police Knite Glo reflective sidewall, 26 x 1.95" or equal

• Brake set: Tektro Novela Mechanical Disc w/ 160mm rotor or equal

• Brake levers: Tektro RS-360 Forged Alloy or equal

• Headset : 1 1/8" semi-integrated, 30mm spacers

• Handlebar: Alloy flatbar, w/ bar ends Stem: Fuji forged w/ removable faceplate or equal

• Saddle: Full seat with steel rails

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• Pedals: FDP with Alloy Cage, toe clip and strap

• Seat post: Fuji Alloy micro-adjust, 350mm or equal

2.3.3 CLIN 002 – Lights

• Dual strobe LED lights, three different light modes (high beam, low beam and strobe), operate on 4 AA batteries which are to be included on delivery and the price

2.3.4 CLIN 003 – Bag

CODE3 SPORTS ULTIMATE BIKE TRUNK BAG (Brand Name or Equal)

• Velcro strapping that is easy to take on an off.

• Decals reading “POLICÍA”

2.3.4 CLIN 004 – Helmets

BELL PISTON (Brand Name or Equal)

• Black or dark in color

• Easy to adjust cam-lock levers

• In-mold construction with an ErgoDial fit system

• Extra-large vents to provide ample air flow

• Decals reading “POLICÍA”

2.3.5 CLIN 005 – Tool Kits/Equipment

PARK TOOL AK-38 MECHANIC TOOL KIT (Brand Name or Equal)

• AWS-1 4, 5, 6mm Hex Wrench Set

• AWS-3 2, 2.5, 3mm Y Hex Wrench Set

• BBT-9 Bottom Bracket for 16 notch external crankset system cups (SRAM, Shimano, FSA, Truvativ, Race Face, Zipp, etc)

• BBT-22 Cartridge Bottom Bracket Tool (for 20 tooth internal splines, such as

Shimano, FSA, etc.)

• BO-2 Bottle Opener

• CBW-1 8 and 10mm Open End Wrench

• CBW-4 9 and 11mm Open End Wrench

• CC-3.2 Chain Checker Chain Wear Indicator

• CL-1 Synthetic Blend Chain Lube

• CM-5.2 Cyclone Chain Cleaner o CN-10 Cable and Housing Cutter o CNW-2

Chainring Nut Wrench

• CT-3.2 Professional Screw Type Chain Tool

• CWP-7 Crank Puller for Splined Octalink, ISIS Drive, and square-taper type

• FR-5 Cassette Lockring Tool for Shimano and similar brands

• GSC-1 GearClean Brush

• HT-8 8mm Hex Tool

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

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• PPL-1 PolyLube 1000 Grease

• PW-3 Pedal Wrench

• SCW-13 13mm Professional Shop Cone Wrench

• SCW-14 14mm Professional Shop Cone Wrench

• SCW-15 15mm Professional Shop Cone Wrench

• SCW-16 16mm Professional Shop Cone Wrench

• SCW-17 17mm Professional Shop Cone Wrench

• SCW-18 18mm Professional Shop Cone Wrench

• SCW-19 19mm Professional Shop Cone Wrench

• SD-0 Shop Screwdriver #0 Phillips

• SD-2 Shop Screwdriver #2 Phillips

2.3.6 CLIN 006 – Bike Multi Tool

BLACKBURN TOOLMATOR (Brand Name or Equal)

• 17-Function Multi Tool

• One-piece aluminum frame with an ultra slim design

• Mini Shock Pump for trailside adjustments

• Hardened, forged and drawn chrome vanadium tool bits

• 1.5mm, 2mm, 2.5mm, 3mm, 4mm, 5mm, 6mm and 8mm Hex Keys

• Torx T25 and T30, Schrader Valve adjuster

• Bladed and Philips #2 Screwdrivers

• 10s chain breaker

• 14/15 gauge spoke wrenches

2.3.7 CLIN 007 – Repair Stand with Optional Tote Bag (CLIN 004)

PRO ELITE STAND BY ULTIMATE SUPPORT (Brand Name or Equal)

• Secure-Lock mechanism allows quick placement of bicycle in stand

• Push ready button quickly and easily releases the bike

• Torque-amplifying conical clutch securely holds bicycle during 360 degree rotation

• Hinged arm folds down for transport and storage

• Anodized red aluminum

• Clamp height 42" - 71" (1067mm-1800mm)

• Clamp opening accommodates tubes up to 2.6" (66 mm)

• Jaw width 3.25" (82.5 mm)

• Base diameter 57" (1450 mm)

• Folded size 5.5 x 8 x 46" (140 x 203 x 1168 mm)

• Load capacity 85 lbs. (38.6 kg)

• Weight 13 lbs. (5.9 kg)

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

2.3.8 CLIN 008 – Warranty

In accordance with the Contractor’s proposal, the subject vehicles shall be covered by a minimum manufacturer’s warranty of 18 months. To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror must provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer.

This includes, but is not limited to:

• Information to ensure full compliance with ITAR regulations and no delay in providing the Reference RA# and a shipping address.

• Control Base Stations (Part Number for reference, followed by description and quantity)

The warranty offered must include the entire quantity of ordered vehicles, including any that may be ordered in the optional quantity.

2.4 SHIPPING & DELIVERY

DELIVERY TERMS: Delivery will be approximately 30 days after receipt of award to FOB Destination. 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. Partial shipments are not allowed. When the order is ready for shipment, forward the shipment prepaid directly to:

Dispatch CRP:

GEO, last 7 digits of PO, Goldbelt Specialty 11380 NW 34th Street Doral, Fl 33178 Phone: 305-640-4574 Fax: 305-715-3502 E-mail: Despatch_Agency_Miami@state.gov

The items being acquired will be donated to the government of the ultimate destination Guyana.

The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, licenses, and paperwork. Purchase order price includes delivery to the above-mentioned address and compliance with all applicable export/ITAR licensing requirements. If an export license is required, the items shall not be shipped until necessary export licenses are approved.

MARKING REQUIREMENTS:

American Embassy Guyana Police Bikes and Accessories POC: Leon Carr Purchase Order No. (To be provided upon award) mailto:Despatch_Agency_Miami@state.gov

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

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*NOTE*: 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.

2.5 CUSTOMS CLEARANCE AND TAX EXEMPTIONS

If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Guyana in accordance with Section 8.1, Marking Requirements.

2.6 ADDITIONAL CONSIDERATIONS

New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel.

The Offeror confirms to have sourced all products submitted in their proposal from manufacturer

– approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Offeror must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this acquisition which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this acquisition 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 employment and in all subcontracts hereunder.

2.7 INSPECTION/ACCEPTANCE (Addendum to FAR 52.212-4(a) )

Final inspection/acceptance of deliverables will occur at the US Embassy Guyana by a Government representative. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the products at the Office of INL in Guyana.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SECTION 3

INSTRUCTIONS, EVALUATION FACTORS AND METHODOLOGY

3.1. BASIS FOR AWARD

The Government reserves the right to eliminate from consideration for award, any or all offers at any time prior to award of the contract.; As well as award the contract to the offeror submitting the proposal of the best value (i.e. LPTA).

The Government intends to evaluate proposals, and award a contract without discussions with offerors, but reserves the right to conduct such discussions at any point if determined necessary.

The Government considers it to be in its best interest to award to the lowest priced technically acceptable offeror. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

The criteria identified below will be used to evaluate the Offeror’s ability to meet all requirements identified in the SOW.

3.2. TECHNICAL ACCEPTABILITY / UNACCEPTABILITY:

*Note: Unrealistically low proposed prices or cost estimates, initially or subsequently, may be grounds for eliminating a quotation from competition either on the basis that the offeror does not understand or the offeror has submitted unrealistic quotations.

3.3. QUOTE SUBMISSION

Quote submitted in response to this RFQ shall include the following information:

3.3.1 – Price: Firm fixed prices for all offered items and services (identify any discounts offered). Include delivery charges, and cost of warranty. Itemize all requirements.

3.3.2 –Description: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and specifications as outlined in the RFQ (i.e. Section 2). Also include description of warranty terms, special features or value-added items and services, and any non-contract items (i.e.

open market items).

3.3.3 – DUNS, CCR: Include DUNS number and statement that the vendor is registered in CCR/SAM as appropriate business type under referenced NAICS code. (See section 3.5)

Acceptable Offeror provides suitable products and meets all the salient characteristics outlined in Section Two of the Solicitation; or exceed the specifications outlined on this solicitation ;

Unacceptable Fails to meet all the salient characteristics of Section Two of the Solicitation;

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3.3.4 – Certifications: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

3.3.5 – Past Performance: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five

(5) references.

3.4. 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 support 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 country 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, substantially 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 contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use 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 employment and in all subcontracts hereunder.

https://orca.bpn.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SECTION 4

CLAUSES AND PROVISIONS

4.1 PAYMENT TO CONTRACTOR

Department Of State Invoice Instructions (11/08) Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, unless otherwise indicated. Each invoice must be transmitted separately.

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

1. Name and Address of the Contractor

2. Dun and Brad Street Universal Number System (DUNS)

3. Date of Invoice

4. Unique Vendor 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 INFORMATION: 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 contain 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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104 umbrella Contract 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 payments to domestic claims shall be disbursed by electronic funds transfer EFT. Vendors who are registered in the System for Award Management (SAM) should verify and re-confirm their financial information 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

4.2 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 Phone: 843-202-3881

4.3 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Sub-Contractors, dated July 11, 2012.

• Upon receipt of accelerated payments from the Government, the contactor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

mailto:commercialclaims@state.gov mailto:GFS-ChiefVC@state.gov

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

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• Include the substance of this clause, including this paragraph (b), in all sub-Agreements with small business concerns.

• The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

Clauses Incorporated by Reference:

The following DOSAR clauses and provisions are incorporated by reference:

652.206-70, Competition Advocate / Ombudsman (AUG 1999) (Deviation) 652.229-70, Excise Tax Exemption Statement for Contractors within the United States (JUL 1988) 652.232-70, Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.242-72, Shipping Instructions (DEC 1994)

52.247-42 C.I.F. DESTINATION (APR 1984) which states the contractor shall (ii) Pay and bear all applicable charges to the point of destination specified in the contract, including transportation costs and export taxes or other fees or charges levied because of exportation.

2.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

(a) The Contractor shall--

(1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;

(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203); (3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to

704. (b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http:// www.dol.gov/owcp/dlhwc/lsdba.htm. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERICAL ITEMS

(May2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements 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 supplies or performance of nonconforming services at no increase in contract price. If repair/replacement or performance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise 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 performance 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 Government wide 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 relating 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 contract, 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 causedby an occurrence 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, epidemics, 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 http://www.dol.gov/owcp/dlhwc/lsdba.htm

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104 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 authorized) 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 contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, 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 Management), 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 Management 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 contract, 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 appropriate 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.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

(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 sub line 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 at 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 Officer (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 default 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 payable 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.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

(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 reflecting 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 conditions, 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 remedies 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 liable 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 precedence in the following order:

(1) The schedule of supplies/services.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government 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 inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(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 Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.