International_Diplomatic_Pouch_Services_RFQ.doc

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number SIT700-17-Q-0026, Prices, Block 23

· Continuation To SF-1449, RFQ Number SIT700-17-Q-0026, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

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 SIT700-17-Q-0026

PRICES, BLOCK 23

I.

PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price contract is to provide international incoming and outgoing diplomatic pouch services for the U.S. Government in Italy in accordance with the Description/Specifications/Work Statement of this contract.

B. The contract will be for a one-year period from the date of the contract award, with four one-year options.

C. This is a fixed price indefinite-delivery, indefinite-quantity, type contract. Unscheduled orders will be placed by firm-fixed price task orders.

The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as specified in the Delivery-Order Limitations clause or in the paragraph below, there is no limit on the number of orders that may be issued.

D. All prices are indicated for “chargeable” weight, i.e. Kg = chargeable Kg.

E. The Government will make payments in Euros.

F. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP 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 monitor quality to ensure that contract standards are achieved.

Services.

Performs all pouch services set forth in the scope of work.

F.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.

F.2 STANDARD. The performance standard is that the Government receives no more than one (1) [Note to Contracting Officer: Insert other number if desired] 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.

F.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.

(h) 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.]

G. MINIMUM AND MAXIMUM AMOUNTS

During each contract period, the Government shall place orders totaling a minimum of Euro 5,000.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 70,000.00. This reflects the contract maximum for each period of performance.

II. PRICING

II.1

BASE YEAR PRICES

II.1.1

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Pick up at U.S. Embassy, transportation/delivery to Fiumicino airport, export customs formalities and airfreight charges.

Standard Operations (Pick up at U.S. Embassy – delivery to Fiumicino Airport – export customs formalities)

Unit Rate Estimated Total Est.

of Measure per Unit Quantity Amount

Up to 45 Kg ea

_____ __120_ _ _______ For each additional Kg

Kg

_____ _2,500 _ _______ Shipments to Washington:

Airfreight Charges

All American Airlines

Minimum Charge

Less than 45 Kg

Kg

_1500_

Over 45 up to 100 Kg

_1900_

Over 100 Kg

__110__

Air waybill Accessories Charges (fuel, security, x-ray, accessories): as per IATA/Airline ruling

Shipments to other destinations:

Airfreight charges to be agreed upon time to time between the COR and the contractor.

Air waybill Accessories Charges (fuel, security, x-ray, accessories) will be as per IATA/Airline ruling.

II.1.2 INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

_____ __20___ _ _______ For each additional Kg

Kg

_____ _11,000 _ _______

II.1.3

INCOMING INTERNATIONAL DIPLOMATIC CONTAINERS

This service includes: Customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

AKE container

_____ __12__ _ _______ regardless of weight

II.1.4

EMERGENCY PICK-UP/DELIVERY TO AND/OR FROM AIRPORT AND THE U.S. EMBASSY

_____ __3___ _ _______ For each additional Kg

Kg

_____ __15__ _ _______

II.1.5

TARMAC

Per shipment

_____ __10___ __ _______

II.1.6

GRAND TOTAL PRICE FOR BASE YEAR PERIOD

The grand total price for the Base Year period by adding the total estimated amounts of the eleven (11) line items is:

Euro __________________

II.2

FIRST OPTION YEAR PRICES

II.2.1

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Pick up at U.S. Embassy, transportation/delivery to Fiumicino airport, export customs formalities and airfreight charges.

Standard Operations (Pick up at U.S. Embassy – delivery to Fiumicino Airport – export customs formalities)

For each additional Kg

Kg

_____ _2,500 _ _______ Shipments to Washington:

Airfreight Charges

All American Airlines

_1500_

_1900_

__110__

Air waybill Accessories Charges (fuel, security, x-ray, accessories): as per IATA/Airline ruling

Shipments to other destinations:

Airfreight charges to be agreed upon time to time between the COR and the contractor.

Air waybill Accessories Charges (fuel, security, x-ray, accessories) will be as per IATA/Airline ruling.

II.2.2 INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

For each additional Kg

Kg

_____ _11,000 _ _______

II.2.3

INCOMING INTERNATIONAL DIPLOMATIC CONTAINERS

This service includes: Customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

II.2.4

For each additional Kg

Kg

_____ __15__ _ _______

II.2.5

TARMAC

II.2.6

GRAND TOTAL PRICE FOR FIRST OPTION YEAR PERIOD

The grand total price for the First Option Year period by adding the total estimated amounts of the eleven (11) line items is:

Euro _______________________

II.3

SECOND OPTIONYEAR PRICES

II.3.1

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Pick up at U.S. Embassy, transportation/delivery to Fiumicino airport, export customs formalities and airfreight charges.

Standard Operations (Pick up at U.S. Embassy – delivery to Fiumicino Airport – export customs formalities)

For each additional Kg

Kg

_____ _2,500 _ _______ Shipments to Washington:

Airfreight Charges

All American Airlines

_1500_

_1900_

__110__

Air waybill Accessories Charges (fuel, security, x-ray, accessories): as per IATA/Airline ruling

Shipments to other destinations:

Airfreight charges to be agreed upon time to time between the COR and the contractor.

Air waybill Accessories Charges (fuel, security, x-ray, accessories) will be as per IATA/Airline ruling.

II.3.2 INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

For each additional Kg

Kg

_____ _11,000 _ _______

II.3.3

INCOMING INTERNATIONAL DIPLOMATIC CONTAINERS

This service includes: Customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

II.3.4

For each additional Kg

Kg

_____ __15__ _ _______

II.3.5

TARMAC

II.3.6

GRAND TOTAL PRICE FOR SECOND OPTION YEAR PERIOD

The grand total price for the Second Option Year period by adding the total estimated amounts of the eleven (11) line items is:

II.4

THIRD OPTION YEAR PRICES

II.4.1

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Pick up at U.S. Embassy, transportation/delivery to Fiumicino airport, export customs formalities and airfreight charges.

Standard Operations (Pick up at U.S. Embassy – delivery to Fiumicino Airport – export customs formalities)

For each additional Kg

Kg

_____ _2,500 _ _______ Shipments to Washington:

Airfreight Charges

All American Airlines

_1500_

_1900_

__110__

Air waybill Accessories Charges (fuel, security, x-ray, accessories): as per IATA/Airline ruling

Shipments to other destinations:

Airfreight charges to be agreed upon time to time between the COR and the contractor.

Air waybill Accessories Charges (fuel, security, x-ray, accessories) will be as per IATA/Airline ruling.

II.4.2 INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

For each additional Kg

Kg

_____ _11,000 _ _______

II.4.3

INCOMING INTERNATIONAL DIPLOMATIC CONTAINERS

This service includes: Customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

II.4.4

For each additional Kg

Kg

_____ __15__ _ _______

II.4.5

TARMAC

II.4.6

GRAND TOTAL PRICE FOR THIRD OPTION YEAR PERIOD

The grand total price for the Third Option Year period by adding the total estimated amounts of the eleven (11) line items is:

II.5

FOURTH OPTION YEAR PRICES

II.5.1

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Pick up at U.S. Embassy, transportation/delivery to Fiumicino airport, export customs formalities and airfreight charges.

Standard Operations (Pick up at U.S. Embassy – delivery to Fiumicino Airport – export customs formalities)

For each additional Kg

Kg

_____ _2,500 _ _______ Shipments to Washington:

Airfreight Charges

All American Airlines

_1500_

_1900_

__110__

Air waybill Accessories Charges (fuel, security, x-ray, accessories): as per IATA/Airline ruling

Shipments to other destinations:

Airfreight charges to be agreed upon time to time between the COR and the contractor.

Air waybill Accessories Charges (fuel, security, x-ray, accessories) will be as per IATA/Airline ruling.

II.5.2 INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

This service includes: Customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

For each additional Kg

Kg

_____ _11,000 _ _______

II.5.3

INCOMING INTERNATIONAL DIPLOMATIC CONTAINERS

This service includes: Customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

II.5.4

For each additional Kg

Kg

_____ __15__ _ _______

II.5.5

TARMAC

II.5.6

GRAND TOTAL PRICE FOR FOURTH OPTION YEAR PERIOD

The grand total price for the Fourth Option Year period by adding the total estimated amounts of the eleven (11) line items is:

II.6

GRAND GRAND TOTAL PRICE FOR ALL YEARS OF THIS CONTRACT

The grand grand total price for all the years of this contract (base year and four option years), excluding minimum charges, is:

Euro ______________________

III VALUED ADDED TAX

Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

CONTINUATION TO SF-1449,

RFQ NUMBER SIT700-17-Q-0026

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

WORK REQUIREMENTS

1.1 General. The contractor shall provide services for the United States Government in Italy as described. These consist of international incoming and outgoing diplomatic pouch services.

The contractor shall furnish all managerial, administrative, direct labor personnel, materials and transportation that are necessary to assure the safe and efficient transport of any property of the United States Government and its employees, and to accomplish services as weighing, loading, marking, hauling, and whatever related to the scope of this contract as directed by the Government.

The Contractor's work and responsibility shall include, but shall not be limited to, all planning, programming, Contractor administration and management necessary to assure that all services described herein are conducted in accordance with the Contract, the schedules and the instructions contained therein, and all applicable laws and regulations. The Contractor shall ensure that all work meets an acceptable standard of performance. The Contractor shall perform all related Contract administrative services necessary to perform the work, such as supply, procurement, quality control, Contractor financial control, and maintenance of complete records and files. The Contractor shall be responsible to the Government of any shipment, or part thereof, over which he has control or custody under this contract, for any or all loss or damage to such shipment while in his custody except if resulting from an act of God. In the event that repairs or other corrective actions are necessary due to Contractor's negligence or improper performance of duties, such as lack of proper and safe facilities, negligent handling in loading or unloading, or use of unskilled or careless personnel, the Contractor shall be responsible for said repairs or corrective actions and associated costs.

1.2. SUBCONTRACT. The Contractor is hereby prohibited from providing the services specified in this contract through a subcontractor, lease, or other third party arrangement.

1.3 PERSONNEL. The contractor shall provide a qualified work force capable of providing the services specified in this contract. Contractor employees shall be on site only for performance of contractual duties and not for other business purposes. Performance requirements for required work are described below.

1.3.1 Standards of Conduct

(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 price 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.

(d) 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.

(e) 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; or,

· Organizing or participating in gambling in any form.

1.3.2 Security

General - 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 biographic data on all Contractor personnel who shall work on this contract.

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 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.

DEFINITIONS.

"Article" means one item, piece, or package and contents thereof received by the contractor as listed on the inventory.

"Calendar Day" means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.

"Cargo" means any items consigned to the contractor under this contract for inbound or outbound shipment.

“Chargeable Weight” is the actual gross weight or the volumetric weight of the shipment, whichever is the greater.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"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.

“Net Weight – General Freight” (a) The net weight of the shipment shall be determined by deducting the tare weight of the vehicle (determined by having the empty vehicle with a full tank of fuel weighed by a certified weighmaster on a certified scale) from the gross weight of the vehicle (determined by having the loaded vehicle with a full tank of fuel weighed by a certified weighmaster on a certified scale); (b) The Contractor shall attach the original copies of the empty and loaded weight certificates to the invoice for services.

"Ordering Officer" means the Contracting Officer of the U.S. Post, or anyone designated by the Contracting Officer to act as his/her representative (COR).

"Services" means the services performed, workmanship, and material furnished or utilized in the performance of the services.

CONTRACTOR RESPONSIBILITIES.

The contractor is responsible for strict adherence to all instructions and quality requirements stated in this contract and shall provide the appropriate management effort to ensure that all services are performed.

Incoming shipments services involve customs clearance, handling and transportation from Fiumicino Airport to Rome and delivery to U.S. Embassy.

Incoming shipments of diplomatic containers services involve customs clearance, handling and transportation of AKE container(s) from Fiumicino Airport/Customs Area to ASM warehouse and storage; return of the AKE container back to Delta Airlines/Customs Area.

Outgoing shipments services involve picking up at U.S. Embassy, transportation to Fiumicino Airport, export customs formalities, airfreight, air waybill accessories, up to Airport of arrival.

Emergency pick-up/delivery to and/or from the US Embassy and the airport services involve standard incoming/outgoing shipments services performed within 3 working hours after verbal request.

The Contractor shall provide the COR with the air waybill number as soon as the flight has been booked.

TARMAC: Customs assistance involving assistance at airport for special, no-value, courier-escorted diplomatic pouches transiting Rome.

Contractor Responsibility for Receipt of Shipment: The Contractor shall diligently count and examine all goods tendered for shipment, receipt for them, and make appropriate written exception for any goods not in apparent good order.

Contractor Responsibility for Loading and Unloading: (a) (1) Unless otherwise specified in this contract to cover store-door or inside delivery, the Contractor shall load and unload shipments at no additional expense to the Government; (a) (2) The Government or its agent will place or receive freight at the tailgate of the Contractor’s vehicle. Tailgate delivery, for purposes of this contract, is defined as that which enables a forklift truck or similar equipment, with operator only, to place or remove cargo from the tailgate of the Contractor’s vehicle; (b) If loading is the responsibility of the Contractor, the Contractor shall perform all shoring, blocking, and bracing. The Contractor shall provide dunnage at the Contractor’s expense.

Contractor Responsibility for Returning Undelivered Freight: (a) When, through no fault of the Contractor, a shipment cannot be delivered, the Contractor shall contact the shipper for disposition instructions. If the shipment is ordered returned to the origin point, the charges assessed for the return trip shall be the same as the charges assessed for the outbound trip. The shipper shall maintain a record of the goods that, through no fault of the Contractor, could not be delivered and are returned to the shipper. If, at a future date, the returned goods are determined to be related to a claim against the Contractor, the claim will be adjusted accordingly; (b) When, through the fault of the Contractor, a shipment cannot be delivered, the Contractor shall return the shipment to the origin point at no charge to the Government. Any charges incurred for redelivery, which are in excess of the charges that would have been incurred under this contract, shall be for the Contractor’s account in accordance with the Default clause of the contract.

4. SUPPLIES and Equipment.

The Contractor shall provide all services, materials, supplies, labor, tools, equipment and supervision required for the performance of this contract in strict accordance with all terms, conditions, general and special provisions, specifications, exhibits contained herein or incorporated by reference.

The Contractor's offices must be equipped with a multiline telephone system and the Contractor’s personnel must be equipped with cellular phones in order that the Government may always be able to reach it/them during regular working hours.

5.

SCHEDULING AND PLANNING PICKUPS AND DELIVERIES.

5.1 Notification to Contractor. All services required under this Contract shall be requested of the Contractor in writing by the COR. In exceptional circumstances, oral requests may be made; in all instances, the above oral requests shall be confirmed by a written request within 48 (forty eight) hours.

5.2 Schedules. The COR shall coordinate with the Contractor the work schedule. The COR’s scheduling deadlines for initiating and completing work shall in all cases be observed.

5.3 Pickup/Delivery Schedules

At U.S. Embassy Rome and/or Fiumicino Airport:

Two/Three times a week - precise week days to be agreed upon between the COR and the Contractor.

Other shipments will be effected as agreed upon with the COR.

Outgoing shipments shall be picked up on/or about 10:00 am and immediately transferred to the airport.

Incoming shipments shall be cleared through customs the same morning of arrival and delivered to the U.S. Entity at the latest the following day within 10:00 a.m.

RECORD KEEPING REQUIREMENTS.

6.1 Shipping Documents. The COR shall prepare complete, accurate and legible shipping documents. Gross weight of shipment shall be indicated in the shipping documents. The Contractor will review and sign the shipping documents. The original will be retained by the contractor; one copy shall remain with the COR.

6.2 Administrative Records. The Contractor shall prepare and maintain complete files on all incoming and outgoing shipments, and items received for storage. At a minimum, these files shall include all inventories, data on the dates of arrival and departure, copies of bills of lading, relevant flight numbers, and weights. Administrative records shall also include the work in progress, goods expected to arrive/depart and their estimated time of arrival/departure, goods which have arrived/departed and their status.

The COR is authorized to examine the Contractor's administrative files and will do so during the annual performance evaluation of the Contractor's performance.

VEHICLES.

The Contractor shall provide all vehicles necessary for the performance of this contract. Vehicles shall be of appropriate size to enter the Embassy facilities. Upon request the Contractor shall provide truck with lifter of proper size, as necessary, at no additional cost to the U.S. Government. The Contractor shall obtain in advance all permits required for the performance of services under this contract. All vehicles shall be kept in safe operating condition at all times, properly licensed and insured, and shall be driven by licensed and insured drivers. The Contractor shall maintain its vehicles in the proper mechanical condition to assure their full availability when needed and to assure that shipments are reliably and safety transported. Should the Contractor encounter mechanical difficulties which would otherwise prevent the scheduled completion of a scheduled pick-up, the Contractor shall immediately obtain a suitable substitute vehicle at no additional cost to the Government. Non availability of suitable vehicles shall not constitute acceptable justification either for late pickup or delivery, or for additional costs to the Government.

No later than ten days after award the Contractor shall provide a list of the vehicles which will be regularly used to perform the services, specifying model and plate of each vehicle.

Information regarding vehicles requested for special pickups/deliveries shall be provided at least 24 hours in advance.

PACKAGING AND MARKING

The Government retains the right to inspect the packing of al materials and equipment brought to work locations by the Contractor in conjunction with services performed under this contract.

INSPECTION AND ACCEPTANCE

Inspection of Services—Fixed-Price

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

Inspection of Transportation. The Government has the right to inspect and test the Contractor’s services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required o accomplish their inspections and tests.

FACILITIES

Storage facilities shall be constructed, with masonry walls and floors, watertight roofs, and maintained in good condition. The building shall be kept dry, clean, well ventilated, free of dampness, free of moths, rats, mice and other vermin, and in orderly condition at all times.

Each building used for storage under this contract shall have as the minimum standard for qualification either:

(1) an acceptable automatic fire detection and reporting system, or an acceptable automatic sprinkler system; or

(2) a fire prevention and control plan, posted and maintained in each building; and necessary fire extinguishers and/or approved fire-fighting apparatus available and in good working order at all times.

In addition, each storage facility must be protected by an adequate water supply for firefighting and a fire department that is responsive twenty-four hours per day.

NOTICE OF DELAY. In the event the contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the contractor believes may result in completion of the project after the completion date, the contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly, and no more than three (3) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

EXCUSABLE DELAYS. The contractor will be allowed time, not money, for excusable delays. Examples of such cases include 1) acts of God or of the public enemy, 2) acts of the United States Government in either its sovereign or contractual capacity, 3) acts of the government of the host country in its sovereign capacity, 4) acts of another contractor in the performance of contract with the Government, 5) fires, 6) floods, 7) epidemics, 8)quarantine restrictions, 9) strikes, 10) freight embargoes, 11) delays in delivery of Government furnished equipment and 12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the contractor, and the failure to perform furthermore 1) must be one that the contractor could not have reasonably anticipated and taken adequate measures to protect against, 2) cannot be overcome by reasonable efforts to reschedule the work, and 3) directly and materially affects the date of final completion of the project.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL 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:

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).

__ (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.)

__ (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).

__ (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)).

X__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 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 (e)(1)(xvi): 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.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.