A001_SOW-RFQ_Incinerator.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

09/19/2016

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

INLMSCODE

DEPARTMENT OF STATE - MGMT SYSTEMS DIV

(INL/RM/MS)

2430 E. Street, N.W. (SA-4) ATTN: NAVY HILL SOUTH-Post Funded Services

WASHINGTON, DC 20520

Manuel Mendoza

NAME

202-736-9139

TEL.

mendozama@state.gov

EMAIL

6. ISSUED BY INLMSCODE

DEPARTMENT OF STATE - MGMT SYSTEMS DIV

(INL/RM/MS)

2430 E. Street, N.W. (SA-4) ATTN: NAVY HILL SOUTH-Post Funded Services

WASHINGTON, DC 20520

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

SINLEC16Q0092

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

09/06/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to extend the closing date of the solicitation.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Anthony L. Pierce

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

09/19/2016

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SINLEC16Q0092

001 Incinerator, Installation and 1-Year Warranty. Reference Statement of Work (SOW).

1.00 0.00

1.00 LT

Doc Ref No:

Delivery

Date

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002 Training. Reference SOW. 1.00 0.00

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

003 Base Year: Operations & Maintenance (O&M). Reference

SOW.

1.00 0.00

1.00 LT

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Delivery

Date

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1003 Option Year One (OY1): Operations & Maintenance (O&M) and Warranty (Reference CLIN003)

1.00 0.00

1.00 LT

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Delivery

Date

FOB:

2003 Option Year Two (OY2): Operations & Maintenance (O&M) and Warranty (Reference CLIN003)

1.00 0.00

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

3003 Option Year Three (OY3): Operations & Maintenance (O&M) and Warranty (Reference CLIN003)

1.00 0.00

1.00 LT

Doc Ref No:

Delivery

Date

FOB:

REQUEST FOR QUOTE (RFQ)

SECTION 1

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Free-dom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the sub-mitted documents will be deemed releasable.

SINLEC16Q0092

Line Item Summary

Solicitation Number:

SINLEC16Q0092

Contract Number: Title: Incinerator INL-Guatemala Date of Solicitation:

09/19/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

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.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contracting Officer. Written questions relating to this RFQ shall be accepted through 12:00 P.M. (local Washington D.C.

time) Monday 12 SEPTEMBER 2016. Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Manuel Mendoza Title: Contract Support Specialist E-mail: MendozaMA@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail NLT 2:00 P.M. (local Washington D.C. time) on the following date: Thursday 22 SEPTEMBER 2016. Vendors shall limit the number of pages to no more than fifteen (15), 12 Point Font, Times New Roman, pdf.

Name: Manuel Mendoza Title: Contract Support Specialist E-mail: MendozaMA@state.gov

CONTRACTOR RELATIONSHIPS

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

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

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

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contract-

or) 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.

SECTION 2

STATEMENT OF WORK (SOW)

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 collaborate with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.

SCOPE

The vendor shall provide ALL items stated under APPENDIX A, TECHNICAL SPECIFICATION OF ITEMS of this RFQ.

Packaging and preservation shall be IAW best commercial practices to enable shipment to final destination in Guatemala to the ad-dress specified (e.g. see below), without repacking or incurring damage during shipment and handling.

TYPE OF CONTRACT

This is a firm-fixed price, single award contract, with the optional quantities. Items outlined under APPENDIX A, TECHNICAL SPECIFICATION OF ITEMS below shall be brand name or equal of the purchase request under NAICS 562213. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor will the con-tract price be adjusted on account of fluctuations in the currency exchange rates.

BASIS OF AWARD

The Government anticipates issuing a Purchase Order to the contractor whose quote provides the best value to the Government, price, and other factors considered.

EVALUATION FACTORS

Lowest Price Technically Acceptable (LPTA).

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicit-ation will be most advantageous to the Government, price and other factors considered. Basis for award will be to the vendor provid-ing the lowest price technically acceptable quote determined to meet the minimum requirements as described in the SOW.

Offerors shall include specific details and delivery dates in their responses to this RFQ. All pricing shall reflect USD.

DELIVERY DATE

Delivery Date is sixty (60) days from date of contract award.

SET-ASIDE

This acquisition is Small Business Set-Aside In Accordance With FAR 6.203.

ACQUISITION METHOD

FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items

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 destination country.

Note: This requirement will be a Brand Name or Equal. The items listed below are intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal” products (including products of The brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the SOW.

*** If applicable - manuals shall be furnished in English and Spanish

APPENDIX A

TECHNICAL SPECIFICATIONS OF ITEMS

CLIN001 - INCINERATOR, INSTALLATION AND 1-YEAR WARRANTY (BRAND NAME OR EQUAL)

QUANTITY - 1 LOT

Requirements:

-The offeror shall provide a modular style incinerator with two chambers.

-The first incinerator chamber should be fixed hearth or equivalent, with controlled under-fire air injection, approximately 1,000 cu/ft., with a hearth area to be provide by the contractor, with double burners.

-The second incinerator chamber should be a cyclonic type chamber, full modulating and excess air control;

-The offeror shall provide an adequate skid to support the incinerator.

-The incinerator is preferred to have a combustion air supply to burners, under-fire and secondary air injection.

-The incinerator should have a Siemens s-7 series (or equivalent) touch-screen interface.

-Primary and secondary chamber temperature controls must have temperature actuated fuel and air control

-Burner interface, status and reset access -System status and alarm display

-Hydraulic system control preferred.

-The Incinerator must meet US EPA and/or similar emission standards.

-The offeror shall provide, as an option, a loading system for solids.

-The offeror shall provide, as an option, a loading or injection system for liquids.

-230/460 volt, three phase, 60 hz operation.

-The incinerator shall be capable of incinerating up to 750 kg/hr for liquids.

-The incinerator shall be capable of incinerating up to 75kg/hr os solids.

-The incinerator shall be capable of operating 8 hours per day, five days per week.

Emissions requirements:

-The incinerator shall be capable of incinerating all gases to completely combusted, with the air stream cooled and cleaned.

-The incinerator shall have access capability to remove non-combustible material and residue generated such as ash.

-The fuel available for the incinerator is diesel.

-Temperatures: Core temperature, between 900 to 1100 C for hydrocarbons, 1100 to 1200 for removal of halogenated compounds or equivalent as provide by the offeror.

-The incinerator must meet US EPA standards or equivalent.

CLIN002 - TRAINING

QUANTITY - 1 LOT

The offeror shall provide an in country and on-site training plan. The training shall be for five days for up to 15 incinerator operators.

It is preferred that the training be provided in Spanish. INL will facilitate the names and contacts of qualified translators if necessary.

Training shall include guidance on the correct use and operational maintenance of the equipment, stressing safety standards.

The vendor must also include in their quote a seven (7) day Trouble Shooting and Follow Up training module and technical visit car-ried out on-site at Finca La Estanzuela Km 22.5 Carretera a San José del Golfo, San José del Golfo, Guatemala for all Guatemalan operators approximately four (4) months after the initial training and no later than 10 months after delivery and installation of the equipment.

All original training materials must be printed and provided in both English and Spanish.

CLIN003 – OPERATIONS AND MAINTENANCE (O&M) AND WARRANTY

QUANTITY - 1 LOT

The offeror shall provide a one year warranty.

Operations and maintenance (O&M) offer from vendor will include price for all estimated labor and spare parts.

The offeror shall provide a complete set of operating and maintenance manuals and instructions. Manuals and instructions in Spanish are preferred.

The offeror shall provide technical assistance support in English, Spanish technical support is preferred.

The offeror shall perform all warranty and O&M services on site of the incinerator installation in Guatemala.

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror shall 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).

CLIN1003 – OPTION YEAR ONE (OY1): OPERATIONS AND MAINTENANCE (O&M) AND WARRANTY

(REFERENCE CLIN 003)

QUANTITY - 1 LOT

CLIN2003 – OPTION YEAR TWO (OY2): OPERATIONS AND MAINTENANCE (O&M) AND WARRANTY REFER-

ENCE CLIN 003)

QUANTITY - 1 LOT

CLIN3003 – OPTION YEAR THREE (OY3): OPERATIONS AND MAINTENANCE (O&M) AND WARRANTY

QUANTITY - 1 LOT REFERENCE CLIN 003)

APPENDIX B

SHIPPING

MARKETING AND PACKAGING

All boxes shall be mark as followed (i.e. please see below) with clear visibility.

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

EMBAJADA DE ESTADOS UNIDOS DE AMERICA - INL

Guatemala City, Guatemala

Purchase Order No. (to be determined upon award) Box #__ of __

Improperly marked shipments may be rejected by the Government of Guatemala.

INL/Guatemala Section

SHIPPING ADDRESS

The vendor shall assign consignee as follows:

EMBAJADA DE ESTADOS UNIDOS DE AMERICA – INL

Avenida Reforma 7-01 zona 10 Guatemala, City

The offeror shall consolidate the entire shipment to prevent loss and misdirection. Partial shipments will not be permitted. The US Embassy/INL will assist with coordination of the shipment in Guatemala. The offeror is responsible for all export/import require-ments.

The offeror shall deliver all items to/through Puerto Barrios, Guatemala CIF (incoterm) and then further transported to the final destin-ation for installation.

The offeror shall assemble the incinerator at:

Finca La Estanzuela Km 22.5 Carretera a San José del Golfo, San José del Golfo, Guatemala

(This location is approximately one hour north east of Guatemala City. Exact geo coordinates will be provided. )

The offeror shall be provided water and electricity for the incinerator.

The offeror shall be provided a concrete pad of adequate size to place the incinerator upon.The offeror shall provide pad requirements and specifications to INL within 30 days after notice to proceed.

The offeror shall assemble and demonstrate operation of the incinerator in Guatemala.

Export License:

The offeror shall ensure that all items are prepared for safe shipment and include all necessary export and import approvals, licenses, and paperwork. The offeror’s proposal price shall include delivery to the above-mentioned address and compliance with all applicable export/ITAR licensing requirements, if any.

The offeror shall specify if an export license is required, and track the time to acquire the license as well as acknowledging that NO items will be shipped until necessary export licenses are approved.

DELIVERY INFORMATION

Delivery Terms: THE VENDOR IS RESPONSIBLE FOR THE DELIVERY OF ALL ITEMS LISTED ABOVE UNDER AP-

PENDIX A, TECHNICAL SPECIFICATIONS OF ITEMS.

The items being acquired will be donated to the government of the ultimate destination, the United States Embassy Guatemala. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. 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/carton/package.

PLEASE NOTE:

All orders are 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 Material 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 stand-ards will be rejected and must be corrected at the contractor’s expense.

SOLICITATION CONSIDERATIONS

This is lowest price technically acceptable, 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).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation (I.E. PLEASE SEE SECTION 1 OF SOLICITATION FOR DUE DATE). Submissions can be sent to MendozaMA@state.gov.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Com-ponents of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved dis-tribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to sup-port both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of contract award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that coun-try into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substan-tially transformed, and based solely on its integration into IT or other systems

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions.

They shall not communicate to any person any information known to them by reason of their performance of services under this con-tract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Con-tracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of em-ployment and in all subcontracts hereunder.

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 Guatemala accordance with Section 7, marking and Submission of Documents, of this contract.

EXPORT LICENSE

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) and the Internation-al Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no addi-tional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract per-formance as well as during the entire performance of work under this contract may result in contract termination. Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR, will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

The Contractor shall comply with license requirements of the Commerce Control List and any Export Administrative Regulations (EAR), which may apply.

Language description of Technical Specifications AND Pictures are required with the submission of quote.

INSPECTION AND ACCEPTANCE

The final inspection and acceptance of ALL items shall be performed by the U.S. Government upon their arrival at the customs facil-ity in Guatemala City, Guatemala. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products by the Office of INL in Guatemala.

CONTRACTING OFFICE

U.S Department of State, INL/RM/GAPP Contracting Officer: Anthony Pierce Email: PierceAL@state.gov

D-004 PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

(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)

E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(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 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)

Clause Title

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

Clause Title

52.204-2 Security Requirements (Aug 1996)

52.204-13 System for Award Management Maintenance (JUL 2013)

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

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.232-18 Availability Of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES (FEB 2015)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

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

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of per-formance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written no-tice to the Contractor within 30 days before contract expires.

(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…