Solicitation Life Insurance SKU200-12-R-0195 final.doc

Kuwait City, Kuwait Jan 08, 2012

Dear Prospective Offeror:

SUBJECT: Solicitation Number SKU200-12-R-0195 for Group Life Insurance Services for Locally Engaged Staff (LES) of the American Embassy Kuwait.

The Embassy of the United States of America invites you to submit a proposal for customized Group Life Insurance Services for: Locally Engaged Staff (LES) of the American Embassy Kuwait.

The Embassy intends to conduct a pre-proposal conference, and all prospective offerors who have received a solicitation package are invited to attend. See Section L.8 of the attached Request for Proposals (RFP).

For Informational Purposes Only: The current Group Life Insurance contract value for five years is KD 215108.000 with Metlife Alico, Kuwait. Contract No: SKU200-07-D-0610.

Your proposal must be submitted in a sealed envelope marked "Proposal Enclosed" to the Contracting Officer on or before 1400 hours local time April 11, 2012. No proposal will be accepted after this time.

In order for a proposal to be considered, you must also complete and submit the following:

1.

SF-33

2.

Section B, Pricing Schedule

3.

Section B, Retention Amounts in B.3 and B.7

3.

Section K, Representations and Certifications;

4.

Additional information as required in Section L.

Direct any questions regarding this solicitation in writing by email or fax to all of the following:

· Larry D. Carson:

Email CarsonLD@state.gov, Fax 965-2259-1938

· Zeyad I Qishawi:

Email QishawiZI@state.gov, Fax 965-2259-1938

· Hilary (Norbert):

Email DsouzaHN@state.gov, Fax 965-2259-1938

Please note: proposals that contain more benefits (even if there is no increase in cost) or fewer benefits than those stated in the solicitation may be deemed technically unacceptable.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Sincerely, /s/

Larry D. Carson Contracting Officer

UNDER DPAS (15 CFR 350)

1 |

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

SKU200-12-R-0195

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

Jan 08. 2012

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

8. ADDRESS OFFER TO (If other than item 7)

American Embassy Kuwait

Phone: 965-2259-1234 Fax: 965-2259-1938

NOTE: In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in American Embassy Front Gate until April 11, 2012, local time 1400.

(date)

(hour)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Larry D. Carson

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT

965 2259-1464

C. E-MAIL ADDRESS

CarsonLD@state.gov

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

SEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The offeror acknowledges receipt of amendments to the solicitation and related documents ) numbered and dated:

15A.

NAME

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ]

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

SECTION B

PART II PRICE - GROUP LIFE INSURANCE

B1. RESERVED

B2. RESERVED

B3 RESERVED

B4. RESERVED

B.5.

GROUP LIFE INSURANCE SERVICES

The Contractor shall provide the Group Life Insurance services described herein to employees of the Government of the United States of America in Kuwait. The groups of employees who shall be provided this insurance are listed in C.2.3. This insurance shall be provided in accordance with Section C and the Exhibits in Section J.

B.5.1.

Official Residence Expense (ORE) Staff and American Embassy Welfare Association (AEWA) Employees are included under this contract only as a rider; the Contractor shall bill the Chief of Mission and Deputy Chief of Mission (for ORE Staff) and the Embassy Association (for AEWA) separately, at the rates specified below. See Section G for billing procedures.

B.6.

GROUP LIFE INSURANCE RATES

This is a fixed-price with economic-price- adjustment-requirements type contract under which the Government will issue firm-fixed price task orders. The fixed prices/premium rates are identified in Kuwaiti Dinars or US Dollars per one thousand of salary to provide life insurance, accidental death and dismemberment and partial and total disability coverage are as follows:

Note: Billing shall be structured to mirror the pricing schedule below so that the invoiced amount shall be actual payroll times the premiums set forth below.

B.6.1.

BASE YEAR OF CONTRACT

Bi-Weekly Rates per Employee:

Basic Life

Kd: 126

Accidental Death and Dismemberment

Kd: 126

Partial and Total Disability Coverage

Kd: 126

Total Price for Base Year: KD:__________x 26 = KD:_____________

B.6.2.

FIRST OPTION YEAR OF CONTRACT:

Basic Life

Kd: 137

Accidental Death and Dismemberment

Kd: 137

Partial and Total Disability Coverage

Kd: 137

Total Price for Option Year 1: KD:__________x 26 = KD:____________

B.6.3.

SECOND OPTION YEAR OF CONTRACT:

Basic Life

Kd: 153

Accidental Death and Dismemberment

Kd: 153

Partial and Total Disability Coverage

Kd: 153

Total Price for Option Year 2: KD:__________x 26 = KD; _____________

B.6.4.

THIRD OPTION YEAR OF CONTRACT:

Basic Life

Kd: 172

Accidental Death and Dismemberment

Kd: 172

Partial and Total Disability Coverage

Kd: 172

Total Price for Option Year 3: KD:__________x 26 = KD:_____________

B.6.5.

FOURTH OPTION YEAR OF CONTRACT:

Basic Life

Kd: 192

Accidental Death and Dismemberment

Kd: 192

Partial and Total Disability Coverage

Kd: 192

Total Price for Option Year 4: KD:_________x 26 = KD: _____________

GRAND TOTAL PRICE FOR ALL YEARS: KD:_________________

B.7

ADMINISTRATIVE RETENTION AMOUNTS

B.7.1 If the Contractor requests a price adjustment under B.8 below, the Contractor must present cost experience data that includes the retention amount. For purposes of any economic price adjustment, this retention amount is a fixed amount that is a part of the premium amounts in B.6. This retention amount will not be adjusted for any reason.

The retention amount is part of the premium and may include, but not be limited to, such costs as overhead and general and administrative costs. It will also include any profit. Essentially, it includes all costs except the actual portion of the premium intended to fund claims paid to the claimant.

B.7.2 sets forth the retention amounts per premium paid for each category of premium and for each period of performance.

NOTE TO OFFEROR - Fill in the fixed retention amounts for each period of performance and for each category of premium. This fixed amount must be expressed in the currency in which the premium amount is proposed. The fixed retention amount shall NOT be expressed in terms of a percentage of the premium.

B.7.2 Retention Amounts per separate premium paid per employee

Base Period

Option Year 1

Option Year 2

Option Year 3

Option Year 4

B.8

ECONOMIC PRICE ADJUSTMENT-LIFE INSURANCE PREMIUMS

B.8.1.

Premium Adjustment Based on Experience - For life insurance, prices may be adjusted upward or downward based on the experience rating of the Mission(s) covered by this contract. No adjustment will be allowed during the first twelve months. After such time, the contractor or the Government may request an adjustment in premiums on an annual basis. Before any such adjustment is made, the contractor agrees to provide the Government a balance sheet showing two main components for the time period: (1) receipts (premiums received) minus the retention amount and (2) claims paid. The retention amount is not subject to adjustment. The Government reserves the right to select an independent third party to review the balance sheet and make recommendations regarding the appropriateness of the requested adjustment. Any adjustment shall be subject to mutual agreement of the parties and shall result in a written modification to the contract. Any failure to reach agreement under this clause shall be subject to the procedures in the Disputes clause.

B.8.2.

Premium Adjustment Based on Law - The rates may also be adjusted during the performance period of the contract as a result of laws enacted by the host Government, if such change in the laws has a direct impact on the cost to the contractor to perform this contract at the rate contracted for herein. In that event, the Contracting Officer may enter into negotiations with the Contractor to modify the contract to adjust the premium rate. The contractor agrees to provide all documentation necessary to support any requested adjustment.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 RESERVED

C.2.0

GROUP LIFE INSURANCE

The Government of the United States of America requires group life insurance coverage for its employees, as further described in C.2.2, in Kuwait. The Government has determined that the prevailing practice by employers in Kuwait is that group life insurance coverage is representative of locally prevailing compensation practice and that the cost of such insurance protection is usually borne by the employer on a 100% premium cost. Therefore, the Government desires to adopt such locally prevailing practice as part of its compensation plan for its employees as further described in C.2.2. The specific group insurance coverage under this contract is set forth in this part of Section C and the Attachments in Section J.

C.2.1.

Group Life Insurance Coverage.

The amount of group life insurance coverage is as follows:

C.2.1.1

Amount of Employee Life Insurance.

The amount of life insurance coverage for each employee is based upon his or her basic salary excluding allowances, bonuses or other monetary benefits.

Each employee is eligible for a face amount of coverage that is equal to 16(sixteen) times his or her monthly basic salary, not to exceed KD:74000/-.

C.2.1.2 Amount of Accidental Death and Dismemberment Coverage.

The employee's estate or employee will receive an amount equal to 16(sixteen) times the amount of monthly basic salary, not to exceed KD:74000/-, in addition to the life insurance benefit in C.2.1.1, in the event the employee is killed in an accident.

C.2.1.3

Partial and Total Disability Coverage

C.2.1.3.A Permanent Total Disability If an employee becomes totally and permanently disabled from bodily injury or disease so as to be wholly prevented from performing any occupation for remuneration or profit, the insurance company will terminate the life insurance of such employee and in lieu of all other benefits in this policy, will pay the amount of life insurance that would have been applicable to said employee in sixty (60) equal payments commencing within three months from receipt of due proof of disability.

The amount of insurance applicable to this provision shall be the amount of insurance in force on the life of such employee on the date of commencement of total and permanent disability. During the continuance of total and permanent disability, all installment payments under this provision shall be payable to the employee.

If the employee should die after due proof of the disability has been furnished to the insurance company, but before payment of any installments, the amount of insurance under this provision shall be paid to the employee’s beneficiary. If the employee should die while some installments remain unpaid, the remaining installments shall be paid in one sum to the beneficiary.

If the total and permanent disability should cease before all installments under this provision have been paid, the following conditions shall apply:

· No further installment payments shall be made;

· If the employee is eligible under this provision, he may be insured hereunder for the amount of group life insurance for which he is then eligible, less the total amount of payments made under this provision.

The insurance company shall have the right at any time during the first two (2) years following the commencement of installment payments and thereafter not more frequently than once a year, to require proof of continuance of total and permanent disability. In addition, the insurance company shall have the right to have a physician of its choice examine the employee at six-month intervals during the first two (2) years of the installment paying period and thereafter not more frequently than once a year. Failure to furnish such proof or to submit to the medical examination within ninety (90) days of the date of request shall immediately terminate all benefits.

No payments shall be made under provision if, at the date when payment would otherwise have been made, the amount of life insurance shall have been paid as a death claim.

C.2.1.3.B Permanent Partial Disability If an employee becomes partially disabled, on a permanent basis, as a result of bodily injury or disease, the insurance company shall make a lump sum payment to the insured for that disability in accordance with the schedule of payments below:

Deescription

Percentage of Life Benefit

Loss of arm between shoulder and wrist

Loss of hand below wrist

Loss of four fingers and thumb

Loss of four fingers

Loss of whole thumb

Loss of whole index finger

Loss of whole middle finger

Loss of whole ring finger

Loss of whole little finger

Loss of leg at hip

Loss of leg between knee and hip

Loss of leg below knee

Loss of all toes

Loss of one eye

Deafness of both ears

Deafness of one ear

Loss great toe

Loss of other than great, if more than one toe lost, each

Payment shall not exceed a maximum of the life insurance amount.

In the event of subsequent death or total permanent disability of an insured employee, after payment has been made under this provision, the insurance company shall reimburse the amount of life insurance benefit that would have been payable prior to the partial disablement less the amount reimbursed for that partial disablement or any payment made under total permanent disability.

Partial disability on a permanent basis shall be deemed to be the complete and irrecoverable physical loss or loss of use of any part of the body specified in the schedule of payments above. In the event of

· A partial loss of any part of the body specified above, a proportionately lower percentage of compensation shall be payable and,

· Permanent disablement by physical loss or loss of use not specified above, the percentage of compensation shall be assessed in proportion to the degree of disability as compared with the cases specified in the schedule of payments without reference to the profession or occupation of the insured.

C.2.2

Life Insurance Benefits Conditions and Limitations.

Conditions and limitations on the entitlement to life insurance benefits under this contract are as follows:

The Insurance provided by the contractor will not cover any loss resulting from or caused directly or indirectly, wholly or partly by:

· Self-destruction or self-inflicted injury, while sane or insane; or

· Racing on wheels, horses, boats or

· Sky or skin diving: or

· The commission of or attempted commission of an assault or any unlawful act, or being engaged in any illegal activity; or

· Service, travel or flight in any kind of aircraft except as a fare-paying passenger in an aircraft operated on a regular schedule by an incorporated common carrier for passenger service over its established air route; or

For accidental death coverage, the following exclusion applies:

· Disease or bodily or mental infirmity, or medical or surgical treatment thereof, or hernia, ptomaine or bacterial infections except phylogenic infections of an through a visible wound accidentally sustained.

C.2.3.

Eligible Participants.

C.2.3.1

Eligible Employees. The employees eligible for the group life insurance coverage include the following:

C.2.3.1.1 All current active employees of the United States Government, employed within the geographic boundaries of Kuwait, paid under the Local Compensation Plan, and certified by the Contracting Officer. Covered employees include:

C.2.3.1.2.

Foreign Service Nationals (FSNs) employed under direct hire appointments, Personal Services Agreements (PSAs) and Personal Services Contracts (PSCs);

C.2.3.1.3.

Locally hired U.S. citizens employed under direct hire appointments, PSAs, and PSCs.

C.2.3.2 Location of Employment

The individuals covered by C.2.3.1 must be employed within the geographic boundaries of Kuwait by:

a) U.S. Department of State – DOS

b) U.S. Foreign Commercial Service – FCS

c) U.S. Defense Intelligence Agency – DIA

d) U.S. Army Corps of Engineers – COE

e) U.S. Department of Homeland Security (U.S. Customs)

f) U.S. International Broadcasting Bureau – IBB

g) U.S. Department of Defense (OMC-K, ARCENT ASG-KU,DCMA,AMCOM PATRIOT, AMCOM APACHE, KAMO)

C.2.3.3 Participants Covered Under a Rider

C.2.3.3.1 All current active employees of the Chief of Mission and the Deputy Chief of Mission assigned to their respective official Government residences and paid under an ORE account (see separate rider, Exhibit B). All costs for ORE employees are the responsibility of the employing officer, not the U.S. Government.

C.2.3.3.2 All current active employees of the American Employee’s Welfare Association (AEWA) at Embassy Kuwait (see separate rider, Exhibit C). All costs for AEWA employees are the responsibility of the Employee Association, not the U.S. Government.

C.2.4

Individuals Not Eligible for Coverage

C.2.4.1.

New employees who have reached the age of 65 prior to entering on duty with the U.S. Government will not be eligible for life insurance coverage.

C.2.4.2

Individuals not eligible for coverage under this contract are non-personal services contract personnel; Peace Corps Personal Services Contractors as required by MS 743; employees working on a temporary basis; employees with an intermittent, seasonal, or WAE (when actually employed) schedule; and any other individual not falling within one of the categories of employees described in this clause.

C.2.5.

Other Eligible Participants

The following additional categories of persons are covered by this insurance: None

C.2.6

Eligibility and Effective Date

C.2.6.1.

Term of Eligibility and Effective Date

Each current active eligible employee is enrolled for life insurance and disability under this contract upon award and thereafter during the performance period of this contract. Each new eligible employee will be enrolled upon entering on duty with the United States Government. An employee is considered active ("on the rolls") whenever such employee is on approved leave, whether paid or unpaid.

C.2.6.2.

Period of Ineligibility

RESERVED

C.2.7.

Brochure Requirement

C.2.7.1.

The contractor shall provide a document (brochure/pamphlet/other written document) in English that sets forth a complete listing of the life insurance benefits to be provided under this contract. This brochure shall be provided in sufficient quantities so that each covered employee receives a copy. The contractor shall furnish all copies of the brochures to the COR, who will ensure that appropriate distribution is made.

C.2.7.2.

The document described in C.2.7.1 shall be provided to the COR not later than thirty (30) days after date of contract award. The contractor shall provide additional brochures for new employees within ten (10) days of the COR’s request.

C.2.7.3.

The contractor assumes full responsibility for ensuring that the document described in C.2.7.1 accurately reflects the requirements of the contract, as implemented by the contractor’s technical proposal. In all cases, the contract shall take precedence. Should the COR discover that the brochure contains inaccuracies, the contractor will be notified in writing; however, failure on the part of the Government to notice any inaccuracies shall in no way limit, revise or otherwise affect the requirement under this contract for the contractor to fully comply with all contract terms.

C.3.0

DEFINITIONS

FMO

The Financial Management Officer or the paying office for all U.S. Government

Agencies except AID.

COR

Contracting Officer's Representative (Human Resources Officer at post).

Contributory Insurance for which the employee contributes toward the premium.

Disability, Total and Permanent A physical or mental impairment which precludes the individual from performing ordinary motor or bodily functions and which requires separation from employment. If the impairment is the result of a previous impairment, it shall be considered a continuation of the prior impairment.

Employee An individual employed by the U.S. Government, under a direct-hire appointment, personal services contract, or personal services agreement, as further defined in Section C.2.3 for life insurance. This may also include an ORE Staff and/or AEWA employee, if this category of individual is listed as participating under a rider in C.2.3.3 or life insurance.

Employer The United States Government or in the case of ORE and AEWA employees, the Chief of Mission/Deputy Chief of Mission and Employee Association, respectively.

GSO

General Services Officer in charge of the General Services Office at post. This officer is usually the Contracting Officer for this contract.

Maximum Benefit The total amount that will be paid to any one covered individual for covered medical expenses or life insurance/disability benefit.

SECTION D

PACKAGING AND MARKING

(RESERVED)

SECTION E

INSPECTION AND ACCEPTANCE

E.1.

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acqusition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use a network “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-4 Inspection of Services - Fixed Price (AUG 1996)

E.2.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective 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 conduct quality assurance to ensure that contract standards are achieved.

Services.

Performs all the insurance services set forth in the performance work statement (PWS)

C.1.0 thru C.3.0

All required services are performed and no more than one (2) customer complaint is received per month

E.2.1 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.

E.2.2 Standard. The performance standard is that the Government receives no more than two customer complaints 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 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

E.2.3 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 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 complaint.

(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.

SECTION F

DELIVERIES OR PERFORMANCE

F.1.

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use a network “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

F.2 PERIOD OF PERFORMANCE. The performance period of this contract is one year beginning after all initial deliverables are required after contract award with four one-year options to renew.

F.3

OPTIONS

The Government may extend this contract in accordance with the option clause at Section I, clause I.2, FAR Clauses Incorporated by Full Text (FAR 52.217-9, Option to Extend the Term of the Contract), which also specifies the total potential duration of the contract.

The Government may exercise the option set forth at Section I, "FAR 52.217-8, Option to Extend Services".

F.4

REPORTS AND OTHER DELIVERABLES

All reports and other deliverables required under this contract shall be delivered to the following address:

American Embassy Kuwait

Human Resources Officer

Masjid Al Aqsa Street, Plot 14, Bayan Kuwait

SECTION G

CONTRACT ADMINISTRATION DATA

G.1.

652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999)

The Contracting Officer may designate in writing one Government employee, by name or position title, to take action for the Contracting Officer under this contract. This designee shall be identified as a Contracting Officer’s Representative (COR). Such designation shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

The COR for this contract is the Human Resources Officer.

G.2

COR DUTIES

G.2.1 The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2.2 In addition, the COR shall maintain updated list of employees and dependents insured, which will supersede the initial list provided under this contract and as reported to the insurer without prejudice to the ineligibility clause.

G.2.3.

The COR has the additional responsibility of maintaining the eligible listing of employees and dependents for insurance coverage.

G.2.4 The COR may not change the terms and conditions of the contract. While the COR is authorized to provide the Contractor with updated listings of eligible employees and dependents, only the Contracting Officer may modify existing task orders or issue new task orders, reflecting these changes, since only the Contracting Officer can obligate funding and commit the Government.

G.3.

Payment shall be made in Kuwaiti Dinars or US Dollars (per currency identified in section B of this contract)

G.4

SUBMISSION OF INVOICES AND PAYMENT

G.4.1.

Invoices shall be submitted in an original and three (3) copies to the following address (designated billing office only for the purpose of submitting invoices):

American Embassy Kuwait

Financial Management Officer

Masjid Al Aqsa Street, Plot 14, Bayan Kuwait

G.4.2. Frequency of Payments. All funds under this contract will be obligated by issuance of task orders, as described in H.3. Each task order will fund a specific period of time and number of employees, and the task orders will be issued at the frequency described in H.3. Contractor may submit invoices monthly for payment to be made at the beginning of the month for which insurance coverage is provided in accordance with FAR 32.404.

G.4.3. U.S. Government Employees. The Government shall make payments directly to the contractor for all Government employees, whether or not the employee is contributing to the premium amount.

G.4.4 ORE Staff. The Chief of Mission and/or Deputy Chief of Mission will make payment directly to the contractor for the entire premium amount of the ORE staff, whether or not the ORE employee is contributing to the premium amount.

G.4.5. AEWA Staff. The American Employee Welfare Association will make payment directly to the contractor for the entire premium amount of the AEWA employee, whether or not the AEWA employee is contributing to the premium amount.

G.5

REFUNDS TO THE GOVERNMENT

If at any time during performance of the contract the Government finds that the contractor has been overpaid because the number of employees and/or dependents covered has decreased, the Contracting Officer may either allow that overpayment to be credited to the Government’s account or require that the contractor refund the overpayment. If the Contracting Officer requests a refund, the contractor shall make that refund to the Government within ten calendar days of receipt of the request.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY. On occasion, a Contractor employee may require entry into U.S. Government-owned or -operated facilities. If so, the Contractor should be prepared to provide the necessary identification to permit escorted access within that facility.

H.2 STANDARDS OF CONDUCT. 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 may be necessary. Each Contractor employee is to adhere to standards that reflect credit on themselves, their employer, and the United States Government.

H.3 ORDERING PROCEDURES. The Government will issue a task order as soon as possible after contract award to identify all employees to be covered by the insurance described in this contract and the coverage selected by each employee, including dependents to be covered. The COR will make subsequent additions or deletions to this list in writing and provide the revised list to the Contractor. All such revisions shall be consolidated, and a new or modified task order will be issued by the Contracting Officer. If any changes have been made to the coverage listing, the Government anticipates issuance of a new task order on a [ ] monthly, [x] quarterly basis. This new task order will include all changes made since the previous task order was issued and will include any increase or decrease in necessary funding. The changes to the list of eligible individuals will supersede the initial list provided under prior task orders without prejudice to the ineligibility clause. Task orders will indicate the effective date of employment, for purposes of calculating the premium due.

H.3.1. The ORE staff and AEWA employees under separate riders are not included under the task orders issued by the Contracting Officer. Because their coverage is under a rider, their employer is responsible for directly interacting with the contractor to order any coverage for their employees. When contacted by the employer, the contractor shall advise the employer of the paperwork and payment that will be necessary to order coverage for the identified individuals. Because more than one employer may have ORE staff, the contractor may be contacted by more than one employer (typically the Chief of Mission and Deputy Chief of Mission).

H.4.

CONTRACTOR RESPONSIBILITY IN CLAIMS AND REIMBURSEMENT TO CLAIMANTS

General.

The Contractor shall be responsible for all planning, estimating, programming, project management, scheduling, dispatching, supervision, and inspection of work. The Contractor shall maintain his own reference library of technical reference works and local laws and regulations, including current tariffs and registries. The Contractor shall treat the information provided by the Embassy concerning employee' personal data, medical information, and salaries as highly sensitive and not divulge any employee information to unauthorized persons.

(a) RESERVED

(b) RESERVED

Payment of Life Insurance Benefits to Beneficiaries. The Contractor shall settle life insurance claims as follows:

(1) The Contractor shall provide forms for the designation of beneficiaries for the life insurance benefits to the COR. The COR shall have all enrolled eligible employees complete designation of beneficiary forms and keep them in their personnel folders, ORE staff folders, or AEWA folders. Upon the death of an enrolled employee, the COR shall provide this form to the Contractor.

(2) The Contractor shall pay the employee's named beneficiary, legal heir, or estate the total amount of the claim within 60 days from the date the Contractor receives a completed dismemberment or death claim. Payment shall be computed on the basis of the coverage as defined in Section C.2.0 and its subparagraphs.

H.5.

REPORT REQUIREMENTS. The Contractor shall provide the following reports monthly. All reports must be received by the COR no later than the 10th day of each month. These reports shall report on the previous month's activities.

Employee Claims Report. The report will list all claims paid by the Contractor to a claimant, including the name of the claimant, date claim is received by the Contractor, and the amount claimed. This report shall also include all outstanding claims and a brief description of why claim has not been paid. Employee Claims shall exclude claim information generated from ORE and AEWA staff rider.

H.6.

MISCELLANEOUS CONTRACTOR REQUIREMENTS

H.6.1.

General. The Contractor shall take all such steps as are necessary, and obtain and pay for all permits, taxes and fees as are required by the Kuwait government to establish and/or operate a commercial venture locally. A contract with the U.S. Government conveys no special privileges or immunities to the Contractor. The Contractor is an independent commercial concern and not a part of the U.S. mission. The Contractor's employees are not U.S. Government employees. Registration of this contract with the Kuwait government, if required by law, will be the sole responsibility of the Contractor, and any fees, taxes, or other duties shall be payable by the Contractor without recourse to the Government of the amounts thereof.

H.6.2.

Licenses and Local Laws. The Contractor shall possess all permits, licenses, and any other appointments required for the prosecution of work under this contract, all at no additional cost to the Government. The Contractor shall perform this contract in accordance with local laws.

H.7 Erroneous Payments.

If the Government becomes eligible for a refund of payment because of erroneous overpayment or other cause, the Contractor shall refund the amounts or use them to offset future payments owed by the Government, whichever the Government prefers. The Contractor shall refund any refunds not complete or discovered after the completion date of this contract.

H.8 Requiring Activity. The requiring activity under this contract is the U.S. Embassy, Kuwait.

SECTION I

CONTRACT CLAUSES

I.1.

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.gov/home.htm to see the links to the FAR. You may also use a network “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

52.202-1

DEFINITIONS (JUL 2004)

52.203-3

GRATUITIES (APR 1984)

52.203-5

COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

52.203-7

ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEPT 2007)

52.204-4

PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER

(AUG 2000)

52.204-7

CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

52.204-9

PERSONAL VERIFICATION OF CONTRACTOR PERSONNEL

(SEPT 2007)

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUL 2010)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR’S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-2

AUDIT AND RECORDS - NEGOTIATION (MAR 2009)

52.215-8

ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-11

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA – MODIFICATIONS (AUG 2011)

52.215-13

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

52.215-21

REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA--

MODIFICATIONS (OCT 1997)

52.222-19

CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)

52.222-50

COMBATTING TRAFFICKING IN PERSONS (FEB 2009)

52.223-18

CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.224-1

PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2

PRIVACY ACT (APR 1984)

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(FEB 2006)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.228-4

WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5

INSURANCE-WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

52.229-6

TAXES - FOREIGN FIXED PRICE CONTRACTS (JUN 2003)

52.232-1

PAYMENTS (APR 1984)

52.232-8

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11

EXTRAS (APR 1984)

52.232-17

INTEREST (OCT 2008)

52.232-18

AVAILABILITY OF FUNDS (APR 1984)

52.232-24

PROHIBITION OF ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25

PROMPT PAYMENT (OCT 2008)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999)

52.233-1

DISPUTES (JUL 2002) ALTERNATE I (DEC 1991)

52.233-3

PROTEST AFTER AWARD (AUG 1996)

52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM (OCT 2004)

52.237-2

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION (APR 1984)

52.242-13

BANKRUPTCY (JUL 1995)

52.243-1

CHANGES (AUG 1997) - ALTERNATE I (APR 1984)

52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)

52.246-25

LIMITATION OF LIABILITY - SERVICES (FEB 1997)

52.248-1

VALUE ENGINEERING (FEB 2000)

52.249-2

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED PRICE) (MAY 2004)

52.249-8

DEFAULT - FIXED PRICE SUPPLY AND SERVICE (APR

1984)

I.2. FAR CLAUSES INCORPORATED IN FULL TEXT

52.216-18 ORDERING (OCT 1995)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the ongoing performance period through the last day of that performance period. See F.2.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 4000 KD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor--

Any order for a single item in excess of 225000/- KD;

Any order for a combination of items in excess of 225000/- KD; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

If this is a requirements contract (such as, includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries/payments of claims for incidents occurring after the termination of this contract.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months or 5 years.

52.232‑19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30 September of each Government Fiscal Year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September of each Government Fiscal Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

The Contractor recognizes that the services under this contract are vital to the government and must be continued without interruption and that, upon contract expiration, a successor, either the government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

The Contractor shall, upon the contracting officer’s written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in , phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the contracting officer’s approval.