SIS70017Q0007.pdf
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- Passenger Transportation Services on behalf of the United Stated Embassy in Tel Aviv Israel
- Solicitation number
- SIS70017Q0007
- Issued by
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Department of State US Embassy Tel Aviv
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SIS70017Q0007
COMMERCIAL ITEMS – VEHICLE RENTAL
COMMERCIAL ITEM FORMAT
TABLE OF CONTENTS
Section 1 - The Schedule
SF 1449 cover sheet
Continuation to SF-1449, RFQ Number SIS70017Q0007, Prices, Block 23 & Block 20.
Section 2 - Contract Clauses
Contract Clauses
Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
Solicitation Provisions
Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
Evaluation Factors
Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Representations and Certifications
Offeror Representations and Certifications
Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not
Prescribed in Part 12
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER SIS700-17-Q-0007 SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. GENERAL SCOPE
A. The purpose of this indefinite-delivery indefinite-quantity with firm fixed price line items contract for passenger transportation services in support of the American Embassy Tel Aviv.
B. The contract will be for one-year period from the date of the contract award, with four (4) year options to renew.
2. PRICES
This contract shall be an indefinite-delivery, indefinite-quantity contract with firm-fixed daily rates for the rental of various passenger vehicles with drivers.
2.a Daily Rate Pricing - See Article 2b Below
This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown. Daily Rate shall consist of ten
(10) hours and charged in United States Dollars (USD). The daily rate may begin at any time of the day based on requirements made by the COR.
2.b Overtime hourly Rate Pricing The daily rate shall be charged for any consecutive 10-hour period within a calendar day. For services beyond 10-hour period the contractor is entitled to the Overtime Hourly Rate Pricing.
2.c Vehicle Cancellation The Government shall be liable for the price of each vehicle ordered but not used, unless the
Contracting Officer gave the Contractor an oral or written cancellation no less than one day before to the anticipated effective date of the cancellation.
2.d Vehicle with driver
The below daily rates with driver shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, vehicles (including mileage), drivers, communication equipment, and all vehicle operation expenses, including but not limited to fuel, oil and all other maintenance of such vehicles to include passenger insurance.
2.e – Transfer Rate Pricing
Transfer Rate shall be the rate per one way transfer from Ben Gurion Airport to either Tel Aviv or Jerusalem. Transfer rate may also be a one way transfer from either Tel Aviv or Jerusalem to Ben Gurion Airport.
VALUE ADDED TAX
VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or invoices. All contract tour companies within Israel are issued certificates allowing them to charge in USD and exemption from charging VAT.
3. PRICES BASE YEAR
3.1 Buses
3.1a Rental of BUS L (50 pax Bus) and Driver
Daily Rate Estimated Days Total Qty
$ 27 $
3.1b Rental of BUS M (35 pax Bus) and Driver
$ 16 $
3.1c Rental of BUS S (19 pax Bus) and Driver
$ 13 $
3.1d Overtime for Bus Drivers (over 10 hours daily)
Hourly rate Estimated hours Total Qty
$ 15 $
3.1e Rental of BUS S (19 pax Bus) and Driver for airport transfer
$ 3 $
3.1f Rental of BUS M (35 pax Bus) and Driver for airport transfer
3.1g Rental of BUS L (50 pax Bus) and Driver for airport transfer
Daily Rate Estimated Transfers Total Qty
$ 4 $
3.1h Total Estimates of Bus rentals
3.1a + 3.1b + 3.1c + 3.1d + 3.1e + 3.1f + 3.1g $
3.2. Vans
3.2a Rental of VAN M (11 pax Van) and Driver
$ 90 $
3.2b Rental of VAN L (15 pax Van) and Driver
$ 22 $
3.2c Rental of VAN S (7 pax Van) and Driver
$ 25 $
3.2d Overtime for Van Drivers (over 10 hours daily)
$ 200 $
3.2e Driver Overnight rate (to be used of vehicle needs to stay with delegation)
Daily rate Estimated Days Total Qty
$ 10 $
3.2f Rental of VAN S (7 pax Van) and Driver for airport transfer
3.2g Rental of VAN M (11 pax Van) and Driver for airport transfer
3.2h Rental of VAN L (16 pax Van) and Driver for airport transfer
3.2i Total Estimates of Van rentals
3.2a +3. 2b + 3.2c + 3.2d +3. 2e + 3.2f + 3.2g +3. 2h
3.3 Sedans
3.3a Rental of 4 pax 2.0 litre Sedan and Driver
$ 115 $
3.3b Overtime for Sedan Drivers (over 10 hours daily)
$ 450 $
3.3c Rental of Sedan and Driver for airport transfer
$ 6 $
3.3d Total Estimates of Sedan rentals
3.3a + 3.3b + 3.3c $
3.4 Total for Base Year (3.1h+3.2i+3.3d) $
MINIMUM AND MAXIMUM AMOUNTS
During this contract period, the Government shall place orders totaling a minimum of $1,000. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed $202,000. This reflects the contract maximum for this period of performance.”
“This estimated amount has been established based upon total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount reflected herein.”
4 PRICES 1
ST
OPTION YEAR
4.1 Buses
4.1a Rental of BUS L (50 pax Bus) and Driver
4.1b Rental of BUS M (35 pax Bus) and Driver
4.1c Rental of BUS S (19 pax Bus) and Driver
4.1d Overtime for Bus Drivers (over 10 hours daily)
4.1e Rental of BUS S (19 pax Bus) and Driver for airport transfer
4.1f Rental of BUS M (35 pax Bus) and Driver for airport transfer
4.1g Rental of BUS L (50 pax Bus) and Driver for airport transfer
4.1h Total Estimates of Bus rentals
4.1a + 4.1b + 4.1c + 4.1d + 4.1e + 4.1f + 4.1g $
4.2. Vans
4.2a Rental of VAN M (11 pax Van) and Driver
4.2b Rental of VAN L (15 pax Van) and Driver
4.2c Rental of VAN S (7 pax Van) and Driver
4.2d Overtime for Van Drivers (over 10 hours daily)
4.2e Driver Overnight rate (to be used of vehicle needs to stay with delegation)
4.2f Rental of VAN S (7 pax Van) and Driver for airport transfer
4.2g Rental of VAN M (11 pax Van) and Driver for airport transfer
4.2h Rental of VAN L (16 pax Van) and Driver for airport transfer
4.2i Total Estimates of Van rentals
4.2a +4. 2b + 4.2c + 4.2d +4. 2e + 4.2f + 4.2g +4. 2h
4.3 Sedans
4.3a Rental of 4 pax 2.0 litre Sedan and Driver
4.3b Overtime for Sedan Drivers (over 10 hours daily)
4.3c Rental of Sedan and Driver for airport transfer
4.3d Total Estimates of Sedan rentals
4.3a + 4.3b + 4.3c $
4.4 Total for 1
st option Year (4.1h+4.2i+4.3d) $ one award is made, the estimated amount of work awarded under task
5. PRICES 2
ND
5.1 Buses
5.1a Rental of BUS L (50 pax Bus) and Driver
5.1b Rental of BUS M (35 pax Bus) and Driver
5.1c Rental of BUS S (19 pax Bus) and Driver
5.1d Overtime for Bus Drivers (over 10 hours daily)
5.1e Rental of BUS S (19 pax Bus) and Driver for airport transfer
5.1f Rental of BUS M (35 pax Bus) and Driver for airport transfer
5.1g Rental of BUS L (50 pax Bus) and Driver for airport transfer
5.1h Total Estimates of Bus rentals
5.1a + 5.1b + 5.1c + 5.1d + 5.1e + 5.1f + 5.1g $
5.2. Vans
5.2a Rental of VAN M (11 pax Van) and Driver
5.2b Rental of VAN L (15 pax Van) and Driver
5.2c Rental of VAN S (7 pax Van) and Driver
5.2d Overtime for Van Drivers (over 10 hours daily)
5.2e Driver Overnight rate (to be used of vehicle needs to stay with delegation)
5.2f Rental of VAN S (7 pax Van) and Driver for airport transfer
5.2g Rental of VAN M (11 pax Van) and Driver for airport transfer
5.2h Rental of VAN L (16 pax Van) and Driver for airport transfer
5.2i Total Estimates of Van rentals
5.2a + 5.2b + 5.2c + 5.2d + 5. 2e + 5.2f + 5.2g + 5. 2h
5.3 Sedans
5.3a Rental of 4 pax 2.0 litre Sedan and Driver
5.3b Overtime for Sedan Drivers (over 10 hours daily)
5.3c Rental of Sedan and Driver for airport transfer
5.3d Total Estimates of Sedan rentals
5.3a + 5.3b + 5.3c $
5.4 Total for 2
nd option Year (3.1h+3.2i+3.3d) $ one award is made, the estimated amount of work awarded under task
6. PRICES 3
RD
6.1 Buses
6.1a Rental of BUS L (50 pax Bus) and Driver
6.1b Rental of BUS M (35 pax Bus) and Driver
6.1c Rental of BUS S (19 pax Bus) and Driver
6.1d Overtime for Bus Drivers (over 10 hours daily)
6.1e Rental of BUS S (19 pax Bus) and Driver for airport transfer
6.1f Rental of BUS M (35 pax Bus) and Driver for airport transfer
6.1g Rental of BUS L (50 pax Bus) and Driver for airport transfer
6.1h Total Estimates of Bus rentals
6.1a + 6.1b + 6.1c + 6.1d + 6.1e + 6.1f + 6.1g $
6.2. Vans
6.2a Rental of VAN M (11 pax Van) and Driver
6.2b Rental of VAN L (15 pax Van) and Driver
6.2c Rental of VAN S (7 pax Van) and Driver
6.2d Overtime for Van Drivers (over 10 hours daily)
6.2e Driver Overnight rate (to be used of vehicle needs to stay with delegation)
6.2f Rental of VAN S (7 pax Van) and Driver for airport transfer
6.2g Rental of VAN M (11 pax Van) and Driver for airport transfer
6.2h Rental of VAN L (16 pax Van) and Driver for airport transfer
6.2i Total Estimates of Van rentals
6.2a + 6.2b + 6.2c + 6.2d + 6. 2e + 6.2f + 6.2g + 6. 2h
6.3 Sedans
6.3a Rental of 4 pax 2.0 litre Sedan and Driver
6.3b Overtime for Sedan Drivers (over 10 hours daily)
6.3c Rental of Sedan and Driver for airport transfer
6.3d Total Estimates of Sedan rentals
6.3a + 6.3b + 6.3c $
6.4 Total for 3
rd
Option Year (6.1h+6.2i+6.3d) $ one award is made, the estimated amount of work awarded under task
7. PRICES 4
TH
7.1 Buses
7.1a Rental of BUS L (50 pax Bus) and Driver
7.1b Rental of BUS M (35 pax Bus) and Driver
7.1c Rental of BUS S (19 pax Bus) and Driver
7.1d Overtime for Bus Drivers (over 10 hours daily)
7.1e Rental of BUS S (19 pax Bus) and Driver for airport transfer
7.1f Rental of BUS M (35 pax Bus) and Driver for airport transfer
7.1g Rental of BUS L (50 pax Bus) and Driver for airport transfer
7.1h Total Estimates of Bus rentals
7.1a + 7.1b + 7.1c + 7.1d + 7.1e + 7.1f + 7.1g $
7.2. Vans
7.2a Rental of VAN M (11 pax Van) and Driver
7.2b Rental of VAN L (15 pax Van) and Driver
7.2c Rental of VAN S (7 pax Van) and Driver
7.2d Overtime for Van Drivers (over 10 hours daily)
7.2e Driver Overnight rate (to be used of vehicle needs to stay with delegation)
7.2f Rental of VAN S (7 pax Van) and Driver for airport transfer
7.2g Rental of VAN M (11 pax Van) and Driver for airport transfer
7.2h Rental of VAN L (16 pax Van) and Driver for airport transfer
7.2i Total Estimates of Van rentals
7.2a + 7.2b + 7.2c + 7.2d + 7.2e + 7.2f + 7.2g + 7.2h
7.3 Sedans
7.3a Rental of 4 pax 2.0 litre Sedan and Driver
7.3b Overtime for Sedan Drivers (over 10 hours daily)
7.3c Rental of Sedan and Driver for airport transfer
7.3d Total Estimates of Sedan rentals
7.3a + 7.3b + 7.3c $
7.4 Total for 4
th option Year (7.1h+7.2i+7.3d) $ one award is made, the estimated amount of work awarded under task
8 TOTAL CONTRACT AMOUNT
3.4 TOTAL BASE PERIOD: $__________
4.4 TOTAL FIRST OPTION YEAR: $__________
5.4 TOTAL SECOND OPTION YEAR: $__________
6.4 TOTAL THIRD OPTION YEAR: $___________
7.4 TOTAL FOURTH OPTION YEAR: $___________
GRAND TOTAL Amount (Base and all Option years) $____________
CONTINUATION TO SF-1449,
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT
9. GENERAL
The Contractor shall provide passenger transportation services, vehicles with drivers for the American Embassy Tel Aviv. The Contractor shall provide all managerial, administrative, direct labor personnel, vehicles, drivers , communication equipment, all running expenses (i.e., fuel, oil, etc.), and including all servicing and insurance of such vehicles that are necessary to accomplish all work required by this contract.
10. DEFINITIONS
“Calendar Day” means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.
"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.
"Government" means the Government of the United States of America unless specifically stated otherwise.
"Ordering Officer" means the Contracting Officer of the U.S. Embassy, Tel Aviv Israel.
“Services” means the services performed, workmanship, and equipment furnished or utilized in the performance of the services.
“Vehicle Day” means 10 (ten) hour period within any calendar day.
“Airport Transfer” means one direction movement from Ben Gurion Airport to either Tel Aviv or Jerusalem and vice versa.
“PAX” is in reference to “Passengers”.
11. MANAGEMENT
11.1. Contracting Officer’s Representative. The Contracting Officer’s Representative (COR) is responsible for validating requests from vehicle users, and providing instructions for vehicle use to the Contractor on a daily or less frequent basis. The COR does not have authority to issue task orders under this contract. See Article 9 for task order issuance.
11.2 Authorized Service Requesters. Each task order will list the names and phone numbers of all authorized service requester(s). Service requesters are only authorized to order service within the boundaries established in the task order and are not authorized to order services from vehicles that were not included in that task order.
11.3 Project Manager. The Contractor shall designate a Project Manager who shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, including delegating requests to drivers (if drivers are required by this contract) along with any instruction required, and ensuring a smooth and effective operation. The Contractor’s Project Manager and telephone number are:
Project Manager: [Insert name at time of award] Telephone Number: [Insert telephone number at time of award]
11.4 Documentation of Usage. Each driver shall obtain a certifying signature from the vehicle user on Daily Vehicle Use Record at the end of service each day. The Contractor shall attach this form to the invoice as a supporting document to verify the hours of service.
12. VEHICLES
12.1. Types of Vehicles
The Government requires the following types of vehicles, if ordered under this contract. All vehicles shall be of the latest model, smoke free and in excellent condition with air-conditioning.
The Contractor shall provide registration numbers before the vehicles are used.
Vehicle Type Size and Description
Sedan
Minimum 2-litre engine, four-door, capable of carrying four passengers
Van S Capable of carrying 7 passengers
Van M Capable of carrying 11 passengers
Van L Capable of carrying 16 passengers
Cargo Van
Van with driver and up to 2 passengers with large boxed cargo hold that has window ventilation capabilities.
SUV
Minimum 2-litre engine, four-door, capable of carrying four passengers, 4x4
Bus S Capable of carrying 19 passengers
Bus M Capable of carrying 35 passengers
Bus L Capable of carrying 50 passengers
12.2 Replacement/Servicing. The Contractor shall provide a replacement vehicle equivalent to the type that requires replacement, due to accident, breakdown, or any other reason, within one (1) hour of notice by the driver or by the COR.
12.3 ALLOWABLE VEHICLE SUBSTITUTIONS
If the specified number of sedans, vans and buses are not available, substitutions may be allowable if it is approved by the Contracting Officer. If the Contracting Officer authorizes a substitution and the
Contractor makes substitutions, billing and payment shall be at the contract rate for type of vehicle ordered by the Government.
13. COMMUNICATION EQUIPMENT
The Contractor shall provide two-way communication equipment (such as radios, cellular phones, or pagers) which shall be available for use by the driver at all times during the shift.
14. DISPATCH POINTS
14.1 Dispatch points will be stated in each individual task order.
14.2 Level of Service. Vehicles shall be available to pick up passengers at the dispatch points listed in individual task orders within 15 minutes of a request being made by the authorized requester. Vehicles without drivers shall be delivered to the dispatch point listed in the individual task order within 4 hours of a request being made by the authorized requester.
15. PERSONNEL
15.1 The Contractor shall provide qualified drivers for each vehicle specified in this contract.
Drivers employed to perform services shall be experienced and competent in the performance of such services, and shall possess the appropriate license and insurance.
15.2 The Contractor shall provide the Government all information required for drivers with any security clearance, accreditation, vehicle access, and licenses required to provide services under this contract.
15.3 Standards. Each driver shall meet minimum standards including:
a. Compliance with the requirements listed in paragraphs 15.3.1 through 15.3.3.
b. English skills - have a good level of English language skills
c. Local knowledge - Be completely familiar with local areas; at any given time, know alternate routes should primary route be impassable or otherwise not the best alternative
d. Licenses – Possess a valid driver’s license
15.3.1 SECURITY
The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract.
15.3.2 Time Requirements. Within 24 hours after Notice to proceed, the Contractor shall submit the following minimum number of names for drivers for the types of vehicles listed below: The COR shall give verbal and then written notice to precede orders to the contractor and within a minimum of 24 hours, the contractor shall supply the Government in writing the following information;
Vehicle license # Driver full name Driver ID # Driver Birth date Driver cell phone #
15.3.3 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identify card(s) on the uniform at all times while on providing services under this contract. These identity cards are the property of the Government.
The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government.
15.4 Training. The Contractor shall provide training for all drivers in areas such as operating procedures and communication equipment/systems.
15.5 Standards of Conduct for safety and respectable reasons as noted below.
(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United
States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.
(b) Uniforms. The Contractor's employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms. All employees shall wear accreditation at all times.
(c) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.
(e) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.
(f) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:
falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;
unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; and organizing or participating in gambling in any form.
(g) Smoking. The Contractor shall not allow its employees while on duty to smoke any type of cigarettes, e-cigarettes, cigars, or pipes within the vicinity of any other personnel.
7.3.1.5 Personnel Health Requirements
All employees must be in good general health without physical disabilities that would interfere with the acceptable performance of their duties. To the extent permissible under local law, all employees shall be free from communicable disease. They shall possess binocular vision, correctable to 20/30 (Snellen) and shall not be colorblind. They shall be capable of hearing ordinary conversation.
16. GPS - All vehicles supplied under this contract shall contain an updated GPS device (Or working application) and all drivers shall be fully trained in operating this device (or application).
17. PAYMENT
Payment will be paid by the U.S. Embassy in Tel Aviv Israel or by the individual traveler/user.
Payee will be noted on the individual task order.
18. TASK ORDERS
Task Orders under this contract shall contain the following information:
(a) Name of contractor,
(b) Contract number,
(c) Date of purchase,
(d) Purchase number,
(e) Number of vehicles,
(f) Unit price,
(g) Total price, and
(h) Payee.
The Contracting Officer may place orders orally, telephonically, by facsimile, or in writing. Oral orders shall be confirmed in writing within three calendar days. If more than one contractor has received an award, the following procedures shall govern regarding issuance of individual task orders. The Contractor shall provide no vehicles without an order issued by the Contracting Officer.
(1) The Government will develop a price estimate. If the estimate does not exceed US $3500, the Government will follow the procedures in paragraph (2) below. If the estimate exceeds US $3500, the Government will follow the procedures in paragraph (3) below.
(2) Orders not exceeding US $3,500 - the Government will select a contractor for issuance of the order on a rotating basis. This decision will be based on the Government's best interests, which may include factors such as price, past performance, and unique qualifications which meet the level of quality required.
(3) Orders exceeding US $3,500 - Unless one of the exceptions in paragraph (4) below applies, the Government will:
(a) Make its award based on comparisons of price, past performance, and unique qualifications which meet the level of quality required to meet the Government’s security and logistical requirements. Award will be made to the lowest priced, technically acceptable hotel.
(b) Regardless of whether the procedures in paragraph (1) or (2) above were followed, selection of contractors shall not be protest able to GAO under Subpart 33.1 of the Federal
Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. However, the Department of State does have an Acquisition
Ombudsman who will review complaints by contractors to ensure that all contractors are afforded a fair opportunity to be considered for these task orders, pursuant to the procedures for award of task orders established herein.
(4) Exceptions to the procedures in paragraph (3) above:
(a) The agency need for the required services is of such urgency that providing such competitive opportunity would result in unacceptable delays;
(b) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or
(c) It is necessary to place an order to satisfy a minimum guarantee.
19. LAWFUL OPERATION, PERMITS, INSURANCE AND INDEMNIFICATION
(a) Bonds. The Government imposes no bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.
(b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of such costs and must include all such costs in the fixed prices in this contract.
(c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to:
--negligence of the Contractor's personnel in the performance of this contract, or --any cause arising from accidental, careless or irresponsible discharge of any firearms assigned to the Contractor's personnel.
The Contractor's assumption of absolute liability is independent of any insurance policies.
(d) Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:
General Liability
(1) Bodily Injury Stated in U.S. Dollars:
Per Occurrence $ unlimited
Cumulative $ unlimited
(2)
Property Damage Stated in U.S. Dollars:
Per Occurrence $ 100,000
Cumulative $ 120,000
The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.
The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:
(a) any property of the Contractor,
(b) its officers,
(c) agents,
(d) servants,
(e) employees, or
(f) any other person, arising from an incident to the Contractor's performance of this contract.
The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.
The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.
(e) Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.
20. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the
Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the
Government is to conduct quality assurance to ensure that contract standards are achieved.
Performance Objective PWS Para Performance Threshold
Services.
Performs all transportation services set forth in the performance work statement (PWS).
1. thru 16. All required services are performed and no more than one
(1) customer complaint is received per month
20.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the
Contractor for corrective action.
20.2 STANDARD. The performance standard is that the Government receives no more than one
(1).] customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR
52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.
20.3 PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant.
The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(a) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the
Contracting Officer for appropriate action under the Inspection clause.
SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN
2017), is incorporated by reference (See SF-1449, Block 27a).52.212-5 Contract Terms and
Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN
2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15
U.S.C. 657a).
https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and
(3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15
U.S.C. 637(m)).
X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
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__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April
24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (JUN 2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.
8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(AUG 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).
X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
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__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
X_ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul
2013) (31 U.S.C. 3332).
X (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels…
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