School_Bus_Solicitation_RFQ_SKU200-17-Q-0008.pdf

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Solicitation Number SKU200-17-Q-0008 for standard (regular bus school services and after school programs) and additional or emergency school bus services, exclusive to dependents of the US Government employees within the US Embassy in Kuwait

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Kuwait City, April 26, 2017

General Services Office

American Embassy

Kuwait City, Kuwait.

Dear Prospective Offerors:

SUBJECT: Solicitation Number SKU200-17-Q-0008

The Embassy of the United States of America invites you to submit a quotation for School bus transportation services.

The Embassy intends to conduct a pre-quotation conference, and all prospective quoters who have received a solicitation package will be invited to attend. See Section 3 of the attached Request for

Quotation (RFQ).

Submit your quotation electronically by email to KuwaitProcurement@state.gov or in a sealed envelope marked "QUOTE Enclosed RFQ # SKU20017Q0008" to U.S. Embassy, attention of: The Contracting

Officer on or before 14:00hours local time on June 4, 2017. No quotations will be accepted after this time.

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

1. Form SF-1449

2. Section 1 pricing;

3. Section 5, Representations and Certifications;

4. Additional information as required in Section 3.

Direct any questions regarding this solicitation in writing NO later than May 17, 2017 by email to

KuwaitProcurement@state.gov

Sincerely, Roberto Custodio

Contracting Officer mailto:KuwaitProcurement@state.gov

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFP Number SKU200-17-Q-0008, Prices, Block 23

Continuation To SF-1449, RFP Number SKU200-17-Q-0008, Schedule Of Supplies/Services, Block

20 Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Recruitment of Third Country Nationals for Performance on Department of State Contracts. (January

12, 2012).

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Far Clause 52.222-50 Combating Trafficking in Person (Feb 2009) in full text.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR6178038

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SKU200-17-Q-0008

6. SOLICITATION ISSUE DATE

April 26, 2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Zeyad Ibrahim Qishawi

b. TELEPHONE NUMBER(No collect calls)

+965-2259-1234

8. OFFER DUE DATE/ LOCAL

TIME

June 1, 2017 @ 1400

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

American Embassy Kuwait

General Services Office

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Procurement Office SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Soft Copy to:

KuwaitProcurement@state.gov

Hard Copy to:

American Embassy Kuwait, Bayan

Al Masjid Al Aqsa St Front Gate.

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

American Embassy Kuwait

B&F Office

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.

School Bus Services

(See Section 1-The Schedule)

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _2___ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

FY 2017 School Bus Services

RFQ SCHOOL BUS SOLICITATION FY2017 Page 4

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

RFQ SCHOOL BUS SOLICITATION FY2017 Page 5

SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER SKU200-17-Q-0008

PRICES, BLOCK 23

1.0 SCOPE OF SERVICES.

1.1 Scope. The Contractor shall provide standard (regular bus school services and after school programs) and additional or emergency school bus services, exclusive to dependents of the US Government employees within the US Embassy in Kuwait, in accordance with the

Statement of Work in this contract.

1.2 Period of Performance. This contract shall include one base year and four (4) option years. Although the school year is a period of approximately 10 months, each performance period in the contract consists of twelve (12) months. See Attachments 1 and Attachment 2 for the school year calendar, including holidays. These attachments will be updated as necessary, should optional periods of performance be exercised.

1.3 Notice to Proceed. After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from start date listed in Notice to Proceed unless the Contractor agrees to an earlier date) on which performance shall start.

1.4 Definitions.

Mini-bus – Bus with a capacity to transport up to 9 passengers, model 2015 or newer with heavy duty A/C, including up to one adult monitor

Standard bus – Bus with a capacity to transport up to 21 passengers, model 2015 or newer with heavy duty A/C, including up to one adult monitor

Round-trip – Consists of one school bus picking up all students on the scheduled route at the school bus stops and dropping them off at school, then at the end of the school day, picking them up at school and returning them to the school bus stops for that route. A school bus can have more than one round-trip per school day if it is used for more than one round-trip route.

Route – Designated itinerary of a school bus to pick-up one or more students at their school bus stops or school and dropping them off at their designated school or school bus stops.

Run – Transportation for students from the school to the school bus stops, or from the school bus stops to the school; one half of a round-trip.

Unauthorized Passengers – Unauthorized passengers are not permitted on the bus.

This includes children, spouses, relatives, employees, friends or others who are not

U.S. Embassy students. This also includes transferring students from bus to bus without the knowledge of the dispatchers or the director. Parents requesting a ride on the bus must receive advance approval from the COR, Bus Coordinator, Raquel

Sarmiento.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 6

2.0 TYPE OF CONTRACT

2.1 Standard Services

The contract type shall be a firm-fixed price contract type for standard services, billed per number of school bus round-trips, as further defined in paragraph 1.4 above.

2.2 Additional/Emergency Services

This portion of the contract shall be an indefinite-delivery indefinite-quantity type contract, billed at firm-fixed price rates, for additional/emergency services. These are services for additional bus runs, to or from one of the schools identified in this contract.

3.0 PRICING

3.1 VALUE 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

3.2 Standard Services. The price for Standard Services shall include all direct and indirect costs for equipment and labor, including but not limited to: labor and overtime for employees, benefits, all social insurance to include any severance liabilities required by law, licenses, communication equipment and its expenses (radio or cell phones), vehicles, vehicles maintenance & repair, all operating costs associated with the services, fuel, and profit.

3.3 Defense Base Act (DBA) Insurance: The Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3 to employees assigned to this contract who are either United States citizens or direct hire. Total cost of DBA should be part of the Firm-Fixed-Price for Base and options periods.

3.4 Additional/Emergency Services. The price for additional/emergency services shall include all direct and indirect costs and profit.

3.4.1 Additional/Emergency Services – The contractor shall provide upon request of the CO, additional runs as and when required. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students or for moving the bus from the student drop-off point for the students back to his facility.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 7

3.5. BASE YEAR - This base period of performance shall commence on date specified in Notice to Proceed and continue for a period of 12 months. See paragraph 1.2 above.

The Contractor shall provide the following number of buses per school day and after-school programs.

Base Year: Scholastic year August 2017 – June 2018

176 number of school days. Attachment 3, School Days List

3.5.1 Standard Services: (Quantities mentioned below are per current scholastic year requirement and are estimates only. The Government has the option to increase and/or decrease the number of Vehicles required subject on the actual number of students for each scholastic year.

The option to increase and/or decrease the number of Vehicles required from the existing requirement may be exercised by the Government at any time during the duration of this contract. If the effective date to increase and/or decrease was less than a month, then the service provider will charge a daily rate, which will be computed by dividing the established monthly rate by 30

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity Required

Total Amount

Standard Bus

Round-trip

Mini Bus

3.5.2. Additional Services: The Contractor shall provide additional buses as per below table upon request of the CO. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

One way-trip

Base Year Total Charges (3.5.1 + 3.5.2)

RFQ SCHOOL BUS SOLICITATION FY2017 Page 8

3.6. 1 st Option Year - This base period of performance shall commence on date specified in Notice to Proceed and continue for a period of 12 months. See paragraph 1.2 above.

Option Year: Scholastic year August 2018 – June 2019

176 number of school days. Attachment 3, School Days List

3.6.1 Standard Services: (Quantities mentioned below are per current scholastic year requirement and are estimates only. The Government has the option to increase and/or decrease the number of Vehicles required subject on the actual number of students for each scholastic year.

The option to increase and/or decrease the number of Vehicles required from the existing requirement may be exercised by the Government at any time during the duration of this contract. If the effective date to increase and/or decrease was less than a month, then the service provider will charge a daily rate, which will be computed by dividing the established monthly rate by 30

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

3.6.2. Additional Services: The Contractor shall provide additional buses as per below table upon request of the CO. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

Option Year Total Charges (3.6.1 + 3.6.2)

RFQ SCHOOL BUS SOLICITATION FY2017 Page 9

3.7. 2 nd

Option Year - This base period of performance shall commence on date specified in Notice to Proceed and continue for a period of 12 months. See paragraph 1.2 above.

Base Year: Scholastic year August 2019 – June 2020

3.7.1 Standard Services: (Quantities mentioned below are per current scholastic year requirement and are estimates only. The Government has the option to increase and/or decrease the number of Vehicles required subject on the actual number of students for each scholastic year.

The option to increase and/or decrease the number of Vehicles required from the existing requirement may be exercised by the Government at any time during the duration of this contract. If the effective date to increase and/or decrease was less than a month, then the service provider will charge a daily rate, which will be computed by dividing the established monthly rate by 30

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

3.7.2. Additional Services: The Contractor shall provide additional buses as per below table upon request of the CO. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

Option Year Total Charges (3.7.1 + 3.7.2)

RFQ SCHOOL BUS SOLICITATION FY2017 Page 10

3.8. 3 rd

Option Year - This base period of performance shall commence on date specified in Notice to Proceed and continue for a period of 12 months. See paragraph 1.2 above.

Base Year: Scholastic year August 2020 – June 2021

3.8.1 Standard Services: (Quantities mentioned below are per current scholastic year requirement and are estimates only. The Government has the option to increase and/or decrease the number of Vehicles required subject on the actual number of students for each scholastic year.

The option to increase and/or decrease the number of Vehicles required from the existing requirement may be exercised by the Government at any time during the duration of this contract. If the effective date to increase and/or decrease was less than a month, then the service provider will charge a daily rate, which will be computed by dividing the established monthly rate by 30

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

3.8.2. Additional Services: The Contractor shall provide additional buses as per below table upon request of the CO. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

Option Year Total Charges (3.8.1 + 3.8.2)

RFQ SCHOOL BUS SOLICITATION FY2017 Page 11

3.9. 4 th

Option Year - This base period of performance shall commence on date specified in Notice to Proceed and continue for a period of 12 months. See paragraph 1.2 above.

Base Year: Scholastic year August 2021 – June 2022

3.9.1 Standard Services: (Quantities mentioned below are per current scholastic year requirement and are estimates only. The Government has the option to increase and/or decrease the number of Vehicles required subject on the actual number of students for each scholastic year.

The option to increase and/or decrease the number of Vehicles required from the existing requirement may be exercised by the Government at any time during the duration of this contract. If the effective date to increase and/or decrease was less than a month, then the service provider will charge a daily rate, which will be computed by dividing the established monthly rate by 30

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

3.9.2. Additional Services: The Contractor shall provide additional buses as per below table upon request of the CO. These services shall be paid for each one-way run. The Contractor will not be paid a separate run amount for moving the bus from his facility to the pick-up point for the students

Item Description Unit Charges per day

KWD

Estimated number of

School Days

Extended Price

KWD

Vehicle Quantity

Option Year Total Charges (3.9.1 + 3.9.2)

RFQ SCHOOL BUS SOLICITATION FY2017 Page 12

4.0 Grand Total

Scholastic Year

Base Year

Option Year

Grand Total

RFQ SCHOOL BUS SOLICITATION FY2017 Page 13

CONTINUATION TO SF-1449, RFQ NUMBER SKU200-17-Q-0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. STATEMENT OF WORK

A. Services

1. Scope of Contract. The purpose of this contract is to provide daily routine transportation services for American diplomats' children who are living within a radius of 20 KM from the U.S. Embassy location in Bayan and are attending American School of Kuwait (ASK), The English School (TES), American United School of Kuwait, and

The British School of Kuwait. The Contractor shall provide supervision, labor, materials, fuel and equipment for the United States Embassy Kuwait

2. General Requirements. The Contractor shall provide a qualified driver along with adult monitor on each bus for the transportation services on school days, Sunday through

Thursday, except holidays and other days specifically designated by the Schools. The attachments to this model, listed below, provide information relating to school schedules, bus routes and orders for the contractor personnel.

Attachment 1: School Calendar

American School of Kuwait: http://www.ask.edu.kw/

American United School of Kuwait : http://www.aus.edu.kw/ Mishref

British School of Kuwait: http://www.bsk.edu.kw/ Salwa

The English School: http://www.tes.edu.kw/ Salmya

Attachment 2: Combined List of Holidays

Attachment 3: Summary of Number of School Days

Attachment 4: School Bus Route

Attachment 5: General Orders

Attachment 6: Embassy School Transportation Rules

3. Funding/Ordering.

The Contracting Officer has the sole authority to issue orders for standard services and for additional/emergency services to be performed under this contract. With few exceptions, the Contracting Officer will order these services by issuance of a written task order. If time does not permit, the Contracting Officer may issue an oral order, to be confirmed by a written order within 48 hours.

http://www.ask.edu.kw/ http://www.aus.edu.kw/ http://www.bsk.edu.kw/ http://www.tes.edu.kw/

RFQ SCHOOL BUS SOLICITATION FY2017 Page 14

The contract minimum for these additional/emergency services shall be two (2) round trips of standard services, and hence, is met, after the Contractor has provided this number of round trips of standard services. The contract maximum shall be sixty (60) round trips.

The Contracting Officer’s Representative (COR) issues instructions to the

Contractor pertaining to specific dates, times, etc. for transportation services, as needed.

Instructions may be issued orally, or in writing.

4. Estimated Level of Services.

There are between 70 – 100 students to be transported on a daily basis to all the schools combined during the school year “2017-2018”. Though the Government cannot determine the exact number of passengers in advance and the number of passengers may vary each school year, the services shall be provided at the rates specified in the pricing section of this contract.

5. Adult Monitor. The contractor shall provide adult monitor on each bus to be responsible for maintaining discipline of the children and to respond to any incidents.

6. Scheduled School Bus Services. The contractor shall develop two rout options to the COR for approval. Service shall be provided in accordance with the routes and schedules specified in the Attachments. Vehicles shall not depart the designated stops earlier than scheduled departure time or not later than 5 minutes after the scheduled departure time. No services shall be required on school holidays, regularly scheduled school vacations, or when schools are closed due to inclement weather or for any other reason.

(a) School make-up class days shall be considered as normal school days.

The Embassy shall give the Contractor three days advance notification to change pick-up or delivery points or to provide bus service on school make-up days.

(b) The Contractor shall comply with appropriate station instructions regarding school bus operation.

(c) The Contractor shall operate buses during inclement weather conditions unless schools are not open on such days. When schools close early due to inclement weather, the Contractor shall ensure students are picked up within one hour after the decision has been announced that the schools will close.

(d) The Contracting Officer’s Representative (COR) has the sole authority to cancel any bus run after the decision has been announced that the schools will close. If the Contractor believes a bus should not run, the COR must be contacted for final decision.

(e) Bus drivers shall not transport unauthorized passengers, unless this is approved by the COR.

(f) Embassy Compound Traffic Rules: The Contractor shall stress to the drivers to obey all traffic rules and instructions of Embassy officials when driving on Embassy property, including not exceeding the speed limit of eight (8) kilometers per hour.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 15

(g) After-School Activities: During pre-scheduled six week periods, there are after-school activities that require extended transportation services for the students. The Embassy will provide the schedule of after-school activities to the Contractor in advance, indicating on which days these activities will occur, and what number of students participating.

B. Equipment to be provided by the Contractor.

1. Vehicles. The Contractor shall provide a sufficient quantity of the correct capacity of buses (2015 or newer models) and must possess sufficient equipment to provide uninterrupted service under this contract and to furnish replacement buses. These buses must be in very good working condition and must be equipped with heavy duty A/C that can stand the extreme hot weather, and shall meet all requirements of those buses normally used.

The Contractor may substitute a smaller bus for a larger bus, depending on number of students. However, if the Contractor chooses to do so, he may only charge at the rate of the smaller bus. Conversely, if the Contractor elects not to use a smaller bus which would, in fact, be capable of transporting the number of students, and instead, elects to use a larger bus, the Contractor may only charge at the rate of the smaller bus

Vehicles must meet the standards required by local and host country laws and regulations, and meet the safety inspection requirements. All vehicles must pass periodic inspections by

Embassy mechanics and must also carry any inspection certificate required by the government. If any vehicle is determined to be unsafe or unsatisfactory, its use is prohibited until such unsafe or unsatisfactory conditions have been corrected. In such event, the Contractor must provide replacement vehicle to maintain the schedule.

(a) Buses, which, for any reason, do not meet minimum requirements specified, shall be replaced immediately so that service will not be delayed or interrupted.

(b) Maintenance Schedule: the Contractor shall maintain all vehicle equipment

(vehicle, safety and security) in good working order. The vehicle shall arrive clean, fully topped off with fluids (i.e. oil, brake fluids, window washer fluids, etc.), and all lights (head, parking, and back-up) shall be functional.

(i) Daily Schedule

Fuel tanks filled

All fluids checked

All lights checked

(ii) Weekly Schedule

Inspect tires

Check tire pressure

(c) Every 6,000 kilometers or four months, whichever comes first: the Contractor shall conduct complete servicing, including, but not limited to changing fluids, checking the brakes and lights, inspecting the exhaust system for leaks, examining all safety and security equipment to ensure operability.

(d) Safety/Security Requirements. Each vehicle shall have:

Individual permanent seats and lap belts for each passenger

Emergency exit

RFQ SCHOOL BUS SOLICITATION FY2017 Page 16

First aid kit

Telephone

All emergency road and safety equipment required by host-country law.

(e) Inspection: The Contractor agrees to submit vehicles, as requested, for periodic unannounced spot checks by Embassy mechanics.

2. Communication Equipment

The Contractor shall furnish cell phones to all vehicles, in order to be in contact with the monitors at all times and keep the COR informed on any incidents which might happen during the rides.

3. Tinting on Windows

There shall be tinting or window curtain covering on all bus windows so that it is not possible for a person standing next to the bus to be able to discern the physical outline of any occupant. At the time of the contract award, the Contracting Officer will provide the

Contractor with a letter that sets forth permission form the host government for these vehicles to have tinting.

C. Bus Drivers.

All bus drivers shall meet the following qualifications.

1. All bus drivers shall be professional bus drivers and meet all state and local license requirements for bus drivers. Any such licenses shall be in the possession of the drivers when operating a vehicle under this contract. Any such licenses shall be available for inspection by the COR on request.

2. All drivers shall have five years or more of driving experience with no major accidents. (“Major” accidents being defined as accidents resulting in bodily injuries or property damage in excess of $1,000.)

3. A thorough knowledge of Kuwait City streets and traffic patterns.

4. All drivers shall wear a distinctive nametag, emblem, or patch attached in a prominent place on an outer garment. Employees shall also present credentials identifying themselves as employees of the company.

5. Physical Examinations. The valid evidence of a current (not more than three months old) physical examination of drivers who are proposed to work under this contract, shall be provided to the COR not later than two weeks prior to the beginning of the contract.

It must show the proposed driver to be free from communicable diseases and physical defects, which could interfere with safe bus operation. This physical and certification shall meet all statutory requirements for licensing and operation of the type of vehicle driven.

6. The drivers are strictly prohibited from driving while intoxicated. The Contractor guarantees that all drivers are tested for alcohol every morning and afternoon before they start their runs under this contract. The Contractor shall immediately replace those drivers who do not pass the test for alcohol.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 17

7. Drivers shall be trained in the use of the first aid kits that are installed in the buses.

8. Drivers must agree not to smoke, eat, or drink on the buses while the children are on board.

9. Each bus driver shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

10. Professional Bearing and Courtesy: All Contractor’s employees shall conduct themselves in a professional and courteous manner. Employees shall also present credentials identifying themselves as employees of the company.

D. Supervisor:

1. The Contractor shall have a Supervisor who shall supervise the contractor’s work force and be the point of contact for the U.S. Government regarding day-to-day operations.

This Supervisor may be a driver, in addition to being a supervisor.

2. The Driver Supervisor shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

E. Monitor:

All bus monitors shall meet the following qualifications.

1. All monitors shall maintain neat and clean appearance, wear a distinctive nametag, emblem, or patch attached in a prominent place on an outer garment. Employees shall also present credentials identifying themselves as employees of the company.

2. Monitors are strictly prohibited from boarding the bus while intoxicated. The Contractor guarantees that all monitors are tested for alcohol every morning and afternoon before they start their runs under this contract. The Contractor shall immediately replace those monitors who do not pass the test for alcohol.

3. Monitors must have CPR/AED training and shall be trained in the use of the first aid kits that are installed in the buses.

4. Each monitor shall possess good working knowledge and sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 18

F. ENGLISH LANGUAGE VERSION

In accordance with FAR 52.225-14, Inconsistency Between English Version and

Translation of Contract, in the event of inconsistency between and terms of this contract and any translation thereof into another language, the English language meaning shall control.

II. OTHER TERMS AND CONDITIONS

A. PAYMENT

1. General:

(a) The Contractor shall submit invoices as instructed by FAR 52.212-4(g). Each invoice shall include the monthly amount billed. If any Additional/Emergency

Services were ordered that month, the Contractor shall also include that amount on the invoice, along with a copy of the written order. The Government will make payment for all work under an individual invoice in a lump sum for all completed and accepted work.

(b) For Standard Services, the Contractor shall prepare the invoice to show the number of round-trips by line item number, multiplied by the unit price for the round trip, and then show a total monthly amount billed. For

Additional/Emergency Services, the Contractor shall prepare the invoice to show the number of runs by line item number, multiplied by the unit price for the run, and then show a total monthly amount billed.

2. Invoice Requirements: All invoices and attachments shall be submitted to the following address:

American Embassy Kuwait, Al Masjid Al Aqsa Street, Bayan, Attn: Budget and Fiscal Office

3. Payment inquiry: All payment status inquiries should be forwarded directly to

KuwaitFMCInquiry@state.gov

B. VALUE ADDED TAX (VAT)

N/A

C. PERIOD OF PERFORMANCE.

1. Base Period of Performance: The base performance period of this contract commences on 1 August 2017 and is approximately 176 working days (as per school year calendar). This period of performance continues for the period of 12 months. This contract includes 4 option years, which may be exercised at the

Embassy's discretion.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 19

D. INSURANCE

1. Contractor’s Liability. The Contractor shall be liable for bodily injury and property damage, which may occur when performing this contract. The liability insurance shall be written on the comprehensive form of policy. The policy shall provide coverage for passenger liability bodily injury at least $200,000 multiplied by number of seats or passengers, whichever is greater. The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

2. FAR 52.228-10 Vehicular and General Public Liability Insurance (APR 1984)

(a) The Contractor, at the Contractor’s expense, agrees to maintain, during the continuance of this contract, vehicular liability and general public liability insurance with limits of liability for (1) bodily injury of not less than $200,000 for each person and

$500,000 for each occurrence, and (2) property damage of not less than $20,000 for each accident and $40,000 in the aggregate.

(b) The Contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

3. Indemnification

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

4. Government as Additional Insured

The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

5. Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes".

RFQ SCHOOL BUS SOLICITATION FY2017 Page 20

Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

6. Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective.

7. For those Contractor employees assigned to this contract who are either

United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.

E. Subcontracting Services

The Contractor shall not subcontract for any services under this contract.

F. Security

The Contractor shall provide to the Contracting Officer's Representative

(COR) not later than three weeks prior to the beginning of the contract, a list of all drivers and monitors who will perform under this contract and will also provide updated lists as necessary to the COR. The list will include data of approved primary and substitute drivers and monitors. The Contractor shall agree not to substitute drivers and monitors other than those listed. All drivers and monitors must pass the

Embassy’s background check. The list will include:

1. Name,

2. Date of birth, place of birth,

3. Passport number

4. Spouse name and date and place of birth,

5. Father and mother names, dates and places of birth (even if they are deceased).

6. Civil ID copy

7. Passport copy with current valid Residence page copy.

G. Permits: Without additional cost to the United States Government, the

Contractor shall obtain all permits, licenses, and appointments required for the execution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The

Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its quote and shall provide any updates, as they become available, to the Contracting Officer.

Application, justification, fees, and certifications for any licensure required by the host government are entirely the responsibility of the offeror.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 21

H. DOSAR 652.242-70, Contracting Officer's Representative (COR) (AUG 1999)

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

(b) The COR is the Bus Coordinator.

I. 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.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all school bus services set forth in the scope of work.

All

All required services are performed and no more than one

(1) customer complaint is received per month.

J. RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE

ON DEPARTMENT OF STATE CONTRACTS (October 17, 2012)

1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the quote. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The Contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State jobs.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 22

e. State in the offer that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the Contractor has read and understands the requirements of FAR

52.222-50 Combating Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies.

Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts must be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/j/tip or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating

Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer

Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be http://www.state.gov/j/tip

RFQ SCHOOL BUS SOLICITATION FY2017 Page 23 submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-

409-9926 or via email at OIGHotline@state.gov.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50

Combating Trafficking in Persons and this clause. Contractors specifically agree to allow

U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. Contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country national for subcontractor performance.

RFQ SCHOOL BUS SOLICITATION FY2017 Page 24

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS

(JAN 2017), is incorporated by reference. (See SF-1449, block 27a).

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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.)

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).

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 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970

RFQ SCHOOL BUS SOLICITATION FY2017 Page 25 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 Representation (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.…

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