SINLEC17Q0006.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SINLEC17Q0006

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

DATE

12/14/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Erwin C. Cablay

b. TELEPHONE NUMBER (No collect calls) 202-736-9157

c. EMAIL cablayec@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: 33411

SIZE STANDARD: 1250 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

CODE15. DELIVER TO

Kosovo Bureau of International Narcotics and Law Enforcement Affairs (INL) Kosovo Pristina

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; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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)

Erwin C. Cablay 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SINLEC17Q0006

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 Forensic Workstation (FFP). Reference attached Appendix A, Technical Specifications of Items.

6.00 EA

Doc Ref No:

Delivery Date FOB:

002 International Shipping and Handling (FFP) 1.00 LT Doc Ref No:

Delivery Date FOB:

REQUEST FOR QUOTE (RFQ)

SECTION 1

GENERAL INFORMATION

INFORMATION TO CONTRACTORS

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

QUESTIONS

All questions must be submitted in writing. DoS will accept questions by e-mail ONLY. Written questions relating to this RFQ will be accepted not later than [Wednesday, January 4, 2017 by 2:00 pm Eastern Standard Time ]. Any communications in reference to this RFQ shall cite the reference number and be directed to the following individuals:

To:

Name: Erwin Cablay Title: Contract Specialist E-mail: CablayEC@state.gov

Cc:

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

QUOTE DELIVERY

Contractors shall submit one electronic copy of Volume I (Technical Quote) and Volume II (Cost/Price Quote). This includes Mi-crosoft Word, Excel, and PowerPoint (as applicable and appropriate). PDF format shall be used only for scanned documents. Volume I shall be on a separate electronic file from Volume II.

The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote sub-mission with the same font size restriction.

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative not later than [Wednesday, January 11, 2017 by 2:00pm Eastern Standard Time ].

To:

Name: Erwin Cablay Title: Contract Specialist E-mail: CablayEC@state.gov

Cc:

Name: Anthony L. Pierce Title: Contracting Officer

SINLEC17Q0006

Line Item Summary

Solicitation Number:

SINLEC17Q0006

Contract Number: Title: CONTRACT INL Kosovo Forensic Workstation

Date of Solicitation:

12/14/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

E-mail: PierceAL@state.gov

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor will the Government accept or evaluate, multiple quotes offering alternative solutions. Contractors shall not submit, nor will the Government accept or evaluate, multiple solutions within one quote.

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the quote is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of quotes, to furnish any or all of the requirements upon which prices are pro-posed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

SECTION 2

REQUEST FOR QUOTE

FORENSIC WORKSTATION

BACKGROUND

The mission of the Bureau of International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of transnational crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering greater bilateral and multilateral law enforcement and rule of law cooperation. INL leads the Department of State (DoS) anticrime and counternarcotic efforts, including through assistance programs which aid partner nations in building their capacities to extend the reach of justice under the rule of law, considering respect for human rights and gender equality, and to deny safe haven to criminals who would otherwise operate with near impunity. INL programs fight illicit drug production and trafficking, corruption, cybercrime, intellectual property rights fraud, and activities funding crime and using the proceeds of crime.

SCOPE

The vendor shall provide ALL items stated under Appendix A, Technical Specifications of Items in this RFQ. Packaging and preser-vation shall be In Accordance With (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. Items outlined under Appendix A, Technical Specifications of Items shall be brand name or equal of the purchase request under [NAICS 33411]. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

BASIS OF AWARD

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

EVALUATION FACTORS

Lowest Price Technically Acceptable (LPTA) Offerors shall include specific details and delivery dates in their responses to this RFQ.

All pricing shall reflect USD.

DELIVERY DATE

Delivery Date is ninety (90) days from date of contract award.

SET-ASIDE

This acquisition is Total Small Business Set-Aside accordance with FAR 6.203.

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.

APPENDIX A

TECHNICAL SPECIFICATIONS OF ITEMS

CLIN 001 Forensic Recovery of Evidence Device (FRED) – FRED Sr (Dual Xeon) Configuration [F3130] AND Training [B1100] or Equal (Quantity 6 EACH)

Dual(2) Intel® Xeon® E5-2695 v4 CPU, (18 Core) 2.1 GHz, 45MB Cache, 9.6 GT/s Intel® QPI [T1339] 128 GB (8x16GB) PC4-17000 DDR4 2133 MHz ECC Memory [T2318] 1 x 512 GB Solid State SATA III Drive – OS Drive [T3048] 1 x 1.0 TB Solid State SATA III Hard Drive – Temp/Cache/DB Drive [T3303] 1 x 8.0 TB 7200 RPM SATA III Hard Drive – Data Drive installed in HotSwap Bay1 [T3071] Nvidia GTX 1080 8GB 256 bit GDDR5 w/ 1 DVI-D, 1 HDMI, and 3 DisplayPorts [T0019] 10 GbE (10 gigabit) Network Card - 2 port CAT6A Copper [T6232] 22” WideScreen LED Monitor with Built-in Speakers [T6999] Triple RAID Chassis Option [T5111] 16 Channel PCIe 12 Gb/s SAS/SATA RAID Controller Qty 3 – 5 bay RAID Chassis RAID Set #1

8.0 TB 7200 RPM SATA III Hard Drive Set (Set of 5 Drives) [T3133] RAID Set #2

8.0 TB 7200 RPM SATA III Hard Drive Set (Set of 5 Drives) [T3133] RAID Set #3

8.0 TB 7200 RPM SATA III Hard Drive Set (Set of 5 Drives) [T3133] Includes Controller Card, Tape Drive, 1 Tape(2.5 TB uncompressed/ 6.25 TB compressed), 1 Cleaning Tape Windows 10 Professional (64 bit) [T0018] Other Operating Systems included:

-SUSE Professional Linux (64 bit) System Restore Media – Bootable Blu-ray disc containing restore environment and factory configured operating system images Hardware Write Blocking:

Digital Intelligence UltraBay 4d Hardware Write-Blocker with touch screen display:

-Integrated IDE Drive Write Blocker -Integrated SATA Drive Write Blocker -Integrated SAS Drive Write Blocker -Integrated USB 3.0/2.0 Write Blocker -Integrated FireWire IEEE 1394b Write Blocker -Integrated PCIe Write Blocker -Write-Block and Read/Write visibility via Lock/Unlock LEDs -Read and write mode capabilities for all device ports controlled via front panel -Allows simultaneous imaging of 2 attached devices Digital Intelligence Integrated Forensic Media Card Reader – Read-Only and Read/Write switchable

Detailed System Specifications:

ATX Double-Wide Black Server Case 23 x 5¼"Bays, 23 ½" High(25½" w/Wheels),16¼" Wide, 28" Deep 1100 Watt Modular power supply Dual Intel Socket 2011-3 Motherboard for Xeon® processor E5-2600 v4 Product Family.

Intel C612 Chipset.

8 DIMM Slots supporting DDR4 1600/1866/2133 Registered ECC memory 7 PCI-Express 3.0(x16)Slots 8 ports Intel® 6 Gb/s SATA Controller 1 port Intel® SATA Express Controller (or 2 x SATA 6 Gb/s ports) 1 port ASMedia® SATA Express Controller (or 2 x SATA 6 Gb/s ports) 8-Channel High Definition Audio CODEC 2 Intel I210-AT Gigabit LAN RJ45 ports 1 PS/2 Ports (Keyboard & Mouse Combo) 2 USB 2.0 ports – Back Mounted 9 USB 3.0 ports - 6 Back Mounted, 3 Front Mounted 1 USB 3.1 port – Back Mounted 1 USB 3.1 Type C port – Back Mounted 1 Write Blocked USB 3.0/2.0 port - Front Mounted 1 FireWire IEEE 1394b (800 MB/s) ports – Front Mounted(Write Blocked) 2 x Shock Mounted SATA Removable Hard Drive Bays (IDE Capable) 3 x HotSwap Shock Mounted Universal (IDE/SATA compatible) Removable Hard Drive Bays BD-R/BD-RE/DVD±RW/CD±RW Blu-ray Burner Dual-Layer Combo Drive Extendable/Retractable Imaging Workshelf with integrated ventilation 103 key Keyboard and Mouse Combo - Wireless Toolbox containing: Adapters, Cables, Digital Camera, Security Screwdriver Set and OEM Documents

Other Software included: Symantec Ghost, CD Authoring Software Warranty 1 year parts and labor

Training [B1100]:

On-site Digital Forensics training course

CLIN002 International Shipping and Handling (Quantity 1 LT) Ministry of Internal Affairs Luan Haradinaj St. n.n.

10000 Pristina, Republic of Kosovo

APPENDIX B

DELIVERY

SERVICE AND MAINTENANCE

All parts, accessories, service and repairs – if applicable for the above items shall be available in [Kosovo] and obtainable within reas-onable period.

WARRANTY

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).

DELIVERY INFORMATION

FOB Destination Ministry of Internal Affairs. The Contractor shall consolidate the entire shipment to prevent loss and misdirection.

The contractor upon notification shall replace any lost or damaged items during shipment.

The items being acquired will be donated to the government of the ultimate destination, the Ministry of Internal Affairs 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.

Required Delivery Date: Ninety (90) calendar days after receipt of award. If an export license is required, delivery shall be 30 days after receipt of export license, and export license application shall be accomplished expeditiously after award.

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 Offer-or 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).

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 employ-ment 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 Kosovo].

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 li-cense requirements of the Commerce Control List and any Export Administrative Regulations (EAR), which may apply.

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 [Pristina, Kosovo]. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products the Office of INL in [Kosovo].

D-001 DATA PACKAGING REQUIREMENTS

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.

(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

(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-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)

E-004 INSPECTION AND ACCEPTANCE (Services)

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

(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-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)

52.204-13 System for Award Management Maintenance (Oct 2016)

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

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

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…