SINLEC16Q0089_-_SF-1449_Police_Bicycles.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SINLEC16Q0089

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

DATE

08/17/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Kyle E. Lee

b. TELEPHONE NUMBER (No collect calls) 202-736-9233

c. EMAIL leeke3@state.gov

8. OFFER DUE DATE / LOCAL

TIME

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

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 336991

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

INLMSCODE15. DELIVER TO

Kyle E. Lee Contracts Specialist DOS - INL/RM/GAPP LeeKE3@state.gov

DEPARTMENT OF STATE - MGMT SYSTEMS DIV

(INL/RM/MS)

SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Domestic Funded

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

PO BOX 150008

ATTN: POST SUPPORT UNIT

CHARLESTON, SC 29415

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Anthony L. Pierce 31c. DATE SIGNED

08/17/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SINLEC16Q0089

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

001 ~Police Bicycles~ Fuji Code 1 [Brand Name or Equal]

200.00 EA

- Aluminum Frame

- 24 Speed Shimano Drive Train

- Dual Disc Brakes

- Suspension Fork with Lockout

- Rear Rack Included

- Sizes: Small/Medium 15in; (100 units) Medium 17in (100 units)

- Color: Black

*See RFQ for complete list of specifications* Doc Ref No:

Delivery Date

FOB:

002 ~LED Multifunction Lights~ 200.00 EA Dual strobe LED lights, three different light modes (high beam, low beam and strobe), operate on AA batteries which are to be included upon delivery, and in the price of the item.

Doc Ref No:

Delivery

Date

FOB:

003 ~Bags~ CODE3 Sports Ultimate Bike Trunk Bag [Brand Name or Equal]

200.00 EA

- Velcro strapping (Easy to Take On/Off)

- Decals reading “POLICÍA”

Doc Ref No:

Delivery

Date

FOB:

004 ~Helmets~ Bell Piston [Brand Name or Equal]

200.00 EA

- 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”

Doc Ref No:

Delivery

Date

FOB:

005 ~Tool Kits/Equipment~ Park Tool AK-38 Mechanic Toolkit [Brand Name or Equal]

10.00 EA

- 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

SINLEC16Q0089

Line Item Summary

Solicitation Number:

SINLEC16Q0089

Contract Number: Title: Police Bicycles & Items - INL Georgetown

Date of Solicitation:

08/17/2016

Line Item No. Description Quantity Unit Unit Price Total Cost 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

- 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

Doc Ref No:

Delivery

Date

FOB:

006 ~Bike Multi-Tool~ Blackburn Toolmator [Brand Name or Equal]

250.00 EA

- 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

Doc Ref No:

Delivery

Date

FOB:

007 ~Repair Stand w/ Tote Bag~ Pro Elite Stand by Ultimate Support [Brand Name or Equal]

10.00 EA

- 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)

SINLEC16Q0089

Line Item Summary

Solicitation Number:

SINLEC16Q0089

Contract Number: Title: Police Bicycles & Items - INL Georgetown

Date of Solicitation:

08/17/2016

- 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)

Doc Ref No:

Delivery

Date

FOB:

008 ~Warranty~ 18 Month Minimum

18.00 MO

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.

Doc Ref No:

Delivery

Date

FOB:

101 ~Police Bicycles (Optional Quantity)~ Fuji Code 1 [Brand Name or Equal]

200.00 EA

- Aluminum Frame

- 24 Speed Shimano Drive Train

- Dual Disc Brakes

- Suspension Fork with Lockout

- Rear Rack Included

- Sizes: Small/Medium 15in; (100 units) Medium 17in (100 units)

- Color: Black

*See RFQ for complete list of specifications* Doc Ref No:

Delivery Date

FOB:

102 ~LED Multifunction Lights (Optional Quantity)~ 200.00 EA Dual strobe LED lights, three different light modes (high beam, low beam and strobe), operate on AA batteries which are to be included upon delivery, and in the price of the item.

Doc Ref No:

Delivery

Date

FOB:

SINLEC16Q0089

Line Item Summary

Solicitation Number:

SINLEC16Q0089

Contract Number: Title: Police Bicycles & Items - INL Georgetown

Date of Solicitation:

08/17/2016

103 ~Bags (Optional Quantity)~ CODE3 Sports Ultimate Bike Trunk Bag [Brand Name or Equal]

200.00 EA

- Velcro strapping (Easy to Take On/Off)

- Decals reading “POLICÍA”

Doc Ref No:

Delivery

Date

FOB:

104 ~Helmets (Optional Quantity)~ Bell Piston [Brand Name or Equal]

200.00 EA

- 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”

Doc Ref No:

Delivery

Date

FOB:

105 ~Tool Kits/Equipment (Optional Quantity)~ Park Tool AK-38 Mechanic Toolkit [Brand Name or Equal]

10.00 EA

- 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

- 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

Doc Ref No:

Delivery

Date

FOB:

SINLEC16Q0089

Line Item Summary

Solicitation Number:

SINLEC16Q0089

Contract Number: Title: Police Bicycles & Items - INL Georgetown

Date of Solicitation:

08/17/2016

106 ~Bike Multi-Tool (Optional Quantity)~ Blackburn Toolmator [Brand Name or Equal]

250.00 EA

- 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

Doc Ref No:

Delivery

Date

FOB:

107 ~Repair Stand w/ Tote Bag (Optional Quantity)~ Pro Elite Stand by Ultimate Support [Brand Name or Equal]

10.00 EA

- 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)

Doc Ref No:

Delivery

Date

FOB:

RFL-S5 Shipping Instructions

Packing and Shipping Instructions

The items being acquired [ x ] will, [ ] will not be donated to the government of the ultimate destination (Guyana).

Contracting Officer will check the following, if applicable:

[ x ] An export license is required. Any items requiring an export license shall not be shipped until the license is received.

All items [ x ] should, [ ] should not be export packed.

Each box, carton, and package shall be marked as follows:

SINLEC16Q0089

Line Item Summary

Solicitation Number:

SINLEC16Q0089

Contract Number: Title: Police Bicycles & Items - INL Georgetown

Date of Solicitation:

08/17/2016

AMERICAN EMBASSY

INL Georgetown - Police Bicycles Order No. SINLEC16[-----]

Georgetown, Guyana Box #__ of __

When the order is ready for shipment, please forward the shipment prepaid directly to [select one of the follow-ing]:

[ x ] Despatch/CRP:

Just In Time Services, Inc.

11450 NW 34th Street, suite 100 Doral, FL 33178 Ph. 305-477-4140 Fax 305-477-4745

[ ] CCE

1609 NW 84th Avenue Miami, FL 33126 Tel.: (305) 629-3849 attn. Richard Issa

[ ] Just In Time Services 11119 N.W. 122ND Street , Unit 8 Miami, FL 33178-3171 Tel: 305-887-2535 Hours of operation 0830 to 1630

[ ] Interport Services, Attn. Cari Cossio 2023 NW 84th Ave.

Miami, FL 33122 Tel.: 305-477-1910 ext206

[ ] Continental Freight Services 5900 NW 97th Avenue, Suite 6 Miami, FL 33178

(305) 592-8198

One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the "lead" or number one box/carton/package, or individually attached to the outside of each box/car-ton/package. If you have any problems in complying with these instructions, please contact the Contracting Of-ficer.

Please include a copy of the packing list with your original invoice to the Contracting Officer or other office designated in the order that will provide us advance information for Customs clearance purposes.

Partial shipments [ ] are, [ x ] are not allowed. This does not include optional quantities.

PLEASE NOTE: This order is ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Materi-al in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor's expense. If you have any question regarding this re-quirement, please contact the Contracting Officer.

Your cooperation is greatly appreciated.

(End of Clause)

C-003 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

(a) The Contractor shall perform this contract in accordance with its technical proposal dated [TBD] and any re-visions thereto submitted in response to Solicitation No. SINLEC16Q0089.

(b) The Contractor's technical proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" clause in SECTION I of this contract. Under the "ORDER OF PRECED- ENCE" clause, the Contractor's technical proposal shall follow "the specifications" in the order of precedence.

(end of clause)

D-002 MARKING OF REPORTS

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

(a) Name and business address of the Contractor;

(b) Contract number and delivery order number, if applicable;

(c) Date of report; and

(d) Program office(s).

(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.

(end of clause)

D-005 WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the sup-plies are found to be defective.

(end of clause)

D-007 PACKAGING AND PALLETIZING

VENDOR NOTE: The packing and palletizing - if palletizing is required for this order - must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regu-lating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicat-ing that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm OR www.aphis.usda.gov/ppq/wpm/import.html.

(end of clause)

D-008 PACKAGING INSTRUCTIONS

All items must be domestic boxed. Vendor - Mark all crates and boxes with the Order No. referenced in Block 3.

(end of clause)

D-009 PACKAGE MARKING

Each and every box or package containing materials shipped pursuant hereto, shall be marked with the follow-ing: the consignee address as shown in Block 6, the name and address of the contractor in Block 7, the order number in Block 3, and the requisition/reference number in Block 4. Packing lists will be attached to the out-side of the box. Palletized stacked material will not exceed the height of 52 inches. Vendor will not ship par-tials without the proper approval of the consignee. Vendor will supply a copy of the purchase order with the packing list.

(end of clause)

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)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-027 WARRANTY

At a minimum, the Contractor shall warrant supplies provided under this contract in accordance with the War-ranty Clause in SECTION I of this contract. To the extent that the manufacturer's warranty for these items ex-ceeds the requirements of this clause, the manufacturer's warranty shall apply; and a copy of the warranty shall be attached to this contract at SECTION J. This warranty shall in no way impair or diminish the rights of the Government under any other clause of this contract.

(end of clause)

H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(end of clause)

H-033 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased be-cause of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over oth-er parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical consulting and management support services.

(i) The Contractor shall be ineligible to participate in any capacity in Department con-tracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this con-tract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any technical consulting or management support services work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially in-volved in their development or marketing.

(ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(2) Access to and use of information.

(i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approval from the Contracting Officer it shall not: (a) use such in-formation for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government which is based on such in-formation until one year after such information is released or otherwise made available to the public; or (d) re-lease such information unless such information has previously been released or otherwise made available to the public by the Department.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, busi-ness, or financial information under this contract, it shall protect this information from unauthorized use or dis-closure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(iii) The Contractor shall have, subject to patent, data, and security provisions of this contract; the right to use technical data it first produces under this contract.

(c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of interest is dis-covered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This dis-closure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mit-igate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant informa-tion to the Contracting Officer, the Government may terminate the contract for default.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts of any tier which involve performance or work of the type specified in subparagraph (b)(1) of this clause or access to information of the type covered in subparagraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended subcontractor or consultant. The Contractor shall not enter into any subcontract nor engage any consultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likeli-hood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

(e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any rel-evant facts required to be disclosed concerning this contract, the Government may terminate the contract for de-fault, disqualify the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract.

(f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing.

(g) Modifications. Prior to any contract modification (except for the exercise of options) which (1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Organizational Conflict of Interest Certification and Disclosure.

(end of clause)

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

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

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

(5) Overpayments. If the Contractor 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)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rein-vestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting…