SS-Courier_CI.pdf

October 21, 2015

U.S Embassy

Area 40, Plot 24, Kenyatta Drive, Box 30016, Lilongwe 3, Malawi

Dear Prospective Quoter:

SUBJECT: Solicitation Number SMI60016R0002

The Embassy of the United States of America invites you to submit a quotation for courier services. The Embassy intends to award multiple contracts for these services.

The Embassy intends to conduct a pre-quotation conference at the site, and all prospective offerors who have received a solicitation package will be invited to attend.

See Section 3 of the attached Request for Quotations (RFQ).

Your quotation shall be submitted in a sealed envelope marked "Quotation Enclosed" to:

U.S Embassy Lilongwe

Attention: General Services Officer (GSO)

Plot 24, Area 40

P.O Box 30016

On or before November 20, 2015 at 4:00 pm. No quotations will be accepted after this time.

For a quotation to be considered, you shall also complete and submit the following:

1. SF-1449

2. Section 1, Block 23

3. Section 5, Representations and Certifications;

4. Additional information as required in Section 3.

The successful offeror(s) will be required to have a DUNS number and be registered in

SAM/CCR through the following sites: DUNS – www.dnb.com and SAM/CCR – www.sam.gov.

Direct any questions regarding this solicitation to Direct any questions regarding this solicitation in writing to Christopher Walton, Contracting Officer, questions shall be written in English and may be sent to fax number +265 1774984. You may also call +

265 1773166 ext. 3202.

http://www.dnb.com/ http://www.sam.gov/

Sincerely, Christopher Walton

Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

SF 18 or SF1449 cover sheet

Continuation to SF1449, RFQ SMI60016R0002, Schedule of

Supplies/Services, Block 20

Attachment 1: Scope of Work

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in

Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

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

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 5 - Representations and Certifications

Representations and Certifications

Addendum to Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

CONTINUATION TO SF-1449

RFQ SMI60016R0002

SECTION 1 - THE SCHEDULE

PRICES, BLOCK 23

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SHIPPING/PACKING SERVICES

1. PERFORMANCE WORK STATEMENT

A. The purpose of this indefinite-delivery indefinite-quantity firm fixed price contract is to provide international and domestic courier services for diplomatic pouch bulk mail.

Contractor shal collect outgoing packages from the U.S. Embassy, Area 40, Plot 24, Kenyatta Road, Lilongwe, Malawi. Regular pickups will occur each Monday and

Tuesday between 10:00 AM and 1:15 PM. If any of these days is a Malawian or

American holiday, then pickup will occur between 10:00 AM and 1:15 PM on the next working day of the week. Other pickups may be requested when the need arises.

Contractor shall guarantee delivery to our primary destination in Dulles, Virginia, USA. Deliveries to Dulles, Virginia will only be accepted Monday through Friday, excluding American holidays. Contractor shall complete delivery within one week from pickup.

For items of an extremely time sensitive nature, the Embassy may require same day pickup and delivery to the United States within 72 hours.

MINIMUM AND MAXIMUM AMOUNTS

For each year of the contract, the U.S. Government guarantees a minimum amount of

2,500 kg of shipment. The maximum amount of shipping/packing services each year of this contract will not exceed 20,000 kg.

2. PERIOD OF PERFORMANCE

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 date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

3. PRICING

The rates below shall include all direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to complete the work.

The price shall not include the actual transportation cost (air or ocean) – see Attachment

1, Performance Work Statement Continuation, number 7, Notification of Completion of

Services. These costs will be covered via a Government Bill of Lading (GBL).

The prices are stated in________(Offeror to fill in currency)

3.A. VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:

4. BASE PERIOD PRICES

Option Term: Twelve (12 months)

Unit of

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(a) Courier Services kg 5,000 1) Inbound Shipments

2) Outbound Shipments kg 3,500

VAT

TOTAL

Time Sensitive

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(b) Courier Services kg 500 1) Inbound Shipments

2) Outbound Shipments kg 350

FIRST OPTION YEAR

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(a) Courier Services

Time Sensitive Unit of

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(b) Courier Services

SECOND OPTION YEAR

Rate per

Unit

Estimate d

Quantity

Total Est.

Amount

(a) Courier Services

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(b) Courier Services

THIRD OPTION YEAR

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(a) Courier Services

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(b) Courier Services

FOURTH YEAR

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(a) Courier Services

Time Sensitive Unit of

Measure

Rate per

Unit

Estimated

Quantity*

Total Est.

Amount

(b) Courier Services

GRAND TOTAL OF BASE PLUS ALL OPTION YEARS ____________

*This estimated amount is based on total estimated Government requirements. This means that if more than one award is made, the estimated amount of work awarded under task order(s) to any single contractor will be less than the amount shown.

5. ORDERS

All requests for shipments or performance of individual jobs under this contract shall be issued via an order placed by the Contracting Officer. This task order will contain the following information:

(a) Name of Contractor,

(b) Contract number

(c) Date of purchase

(d) Purchase number

(e) Name of person placing order

(f) Itemized list of shipment and services furnished

(g) Quantity, unit price, and total price of each item or service, less applicable discounts

Orders may be placed orally initially, but shall be followed up in writing within 48 hours via issuance of a task order. Only a Contracting Officer may place an order, either orally or in writing.

6. DELIVERY SCHEDULE

The following items shall be delivered under this contract:

Pouch

Mail

7. INVOICES AND PAYMENT

(a) The Contractor shall submit monthly invoices to the COR at the address shown in paragraph D below. accompanied by the task order A proper invoice shall include the following information:

Contractor's name and bank account information for payments by wire transfers

Invoice Date

Contract number

A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency has to be attached to each summary invoice and shall include the cost breakdown by weight according to the pricing schedule

A detailed list of all the packages

Prompt payment discount if any

Name, title, phone number, and address of person to contact in case of defective invoice

(b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor shall then submit a proper invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) Invoices shall be submitted in the original with three (3) copies to the

Contracting' Officer's Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):

U.S. Embassy Lilongwe

Attention: Financial Management Officer (FMO)

Plot 24, Area 40

P.O. Box 30016, Lilongwe 3, Malawi.

(e) Payment shall be made in local currency by Electronic Funds Transfer

(EFT) within 30 days after receipt of the proper invoice

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

8. GOVERNMENT APPROVAL AND ACCEPTANCE OF CONTRACTOR

EMPLOYEES.

The Contractor shall subject its personnel to the Government's approval. All employees shall pass a suitable investigation conducted by the Contractor, including recommendation(s) from their respective supervisor(s). Also required: (1) a police check covering criminal and/or subversive activities; (2) a check of personal residence, and (3) a credit investigation. The Contractor shall provide all such investigations in summary form to the COR for review and approval or disapproval. THE CONTRACTOR SHALL

NOT USE ANY EMPLOYEES UNDER THIS CONTRACT WITHOUT

GOVERNMENT APPROVAL.

9. KEY PERSONNEL.

9.1 The Contractor shall assign to this contract the following key personnel.

Position/Function Name

Project Manager

Customer service representative

Billing Official

9.2 All key personnel shall be fluent in the English and Chichewa languages. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

9.3 After the first 90 days of performance, the Contractor may substitute a key person if the contractor determines that it is necessary. The Contractor shall notify the

Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

9.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The

Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The

Government will modify the contract to reflect any changes in key personnel.

10. PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (LIABILITY)

The Contractor hereby assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage or losses suffered due to negligence of the Contractor's personnel in the performance of the services under this contract.

11. INSURANCE

The Contractor is required to provide whatever insurance is legally necessary or that is ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or 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 there from, except in the instance of gross negligence on the part of the Government.

12. BONDING OF EMPLOYEES

The Government imposes bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to equipping of any employees engaged in providing services under this contract, if legally required by the local government or local practice.

13. PERMITS

At no cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws.

The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT CONTINUATION

1.-FREIGHT HANDLING

The Contractor shall act on behalf of the Government on any selected incoming and outgoing Government cargo that may be assigned to the Contractor under this contract, including the effecting of necessary transport of Government cargo within Malawi. The

Contractor accepts full responsibility for any and all losses and/or damage, from the time such cargo is received into the hands of the Contractor until it is released into the custody of the Government as evidenced by a signed receipt. The Contractor further agrees that in any instance involving loss or damage to the Government cargo, where the Contractor fails to exercise reasonable diligence, the Contractor shall assume full responsibility for such losses or damage including payment of claims for such losses or damage.

The Contractor shall transport all incoming Government cargo handled under the contract from commercial facilities at U.S Embassy to the final destination in Kamuzu

International airport or elsewhere in Malawi including off-loading from the Contractor's vehicle, as specified by the COR unless otherwise directed by the COR in writing to the

Contractor.

2. CONTRACTOR RESPONSIBILITIES

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

Work Skills and Experience

The Contractor shall ensure that all personnel assigned to this contract possess the skills and experience necessary for accomplishing their individual tasks.

English Language Qualifications

Each Team Leader shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position. The remaining staff shall be able to follow simple instructions in English, and shall be able to completely understand the instructions of the Team Leader.

The Contractor's employees shall not at any time:

(a) Smoke in the client's facility or residence;

(b) Arrive at the facility under the influence of drugs or alcohol, or even with alcohol on the breath;

(c) Drink alcoholic beverages on the job, even if offered;

(d) Use the client's bathroom or towels without permission;

(e) Engage in prolonged discussion or argument regarding the job;

(f) Perform any work for the client not specified in this contract; or

(g) Request or accept any articles or currency as a gratuity from the client for work performed under this contract.

3. RECORD KEEPING REQUIREMENTS

Inventory Lists

The Contractor shall prepare a complete, accurate and legible Inventory List in English as the articles are packed. The client will review and sign the list. The original will be retained by the Contractor; one copy shall be given to the client or the client's agent; and the remaining copies shall be forwarded to the COR immediately after the packing is completed. All exceptions as to the condition of goods listed on the Inventory List shall be brought to the client’s attention before goods are removed from the government premises. The Inventory List shall be signed by the client and the Contractor's Team

Leader, both certifying to the correctness of the Inventory List.

The Contractor shall give a copy of the Inventory List to the client. Care in the preparation of the initial inventory will assist in protecting the owner of the property and the Contractor in the event of loss and/or damage. When there are two or more shipments, each shipment shall have a separate inventory and lot number. Copies of all

Inventory Lists shall be provided to the COR by the Contractor.

4. STORAGE AREA REQUIREMENTS

All temporary or permanent storage provided for pouches, shall be inside storage buildings and areas that are acceptable to and approved by the COR.

In areas assigned for storage of pouches, the Contractor shall prevent pilferage or damage by sunlight, water, or fire. Pouches shall be stored in areas that are dry, well-ventilated, clean, and free from dust, insects and rodents, have adequate fire protection, and are accessible for routine inspection.

The Contractor shall keep aisles, driveways, and entrances free of storage and equipment not being currently handled or operated.

The Contractor shall remove waste or refuse from storage areas or kept in metal containers with tight-fitting metal lids.

Pouches shall be stored on skids, dunnage, pallet bases, elevated platforms, or similar storage aids, maintaining a minimum of two inches of clearance from the floor to the bottom-most portion of the stored goods. The Contractor shall not store property in contact with exterior or interior walls.

5. REQUIREMENTS FOR STORAGE METHODS

The Contractor shall place pouches into temporary storage inside a warehouse on the day of receipt or, in the event of inclement weather, immediately upon receipt.

The Contractor shall establish and maintain a locator system to enable prompt identification and removal of pouches in storage.

6. WAREHOUSE RECEIPT

Upon receipt of pouches, the Contractor shall prepare a Non-Negotiable Warehouse

Receipt. The terms shall be subject to approval by the COR, indicating the American post or other Government Agency as the depositor. If the Warehouse Receipt contains provisions that differ from items in this contract, or that are not contained in this contract, these provisions in the Warehouse Receipt shall have no effect against the United States

Government unless the United States Government specifically, in writing, approved each provision at the time the receipt was drafted.

The Warehouse Receipt shall also indicate the name of the owner of the goods, the number of the authorization, the net weight of the storage lot, the number of items deposited, the kind of items and the condition in which they are received. The Contractor shall mail the original of the Warehouse Receipt to the COR within twenty-five calendar days of the pickup of the storage at the Government facility. If access and segregation and/or partial removal is performed, the Contractor shall prepare a new Non-Negotiable

Warehouse Receipt and submit it as directed above.

Warehouse facilities shall be approved by the COR and meet the following criteria:

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

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

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

(2) a fire prevention and control plan, posted and maintained in each building;

and necessary fire extinguishers and/or approved fire-fighting apparatus available and in good working order at all times.

In addition, each storage facility shall be protected by an adequate water supply for fire fighting and a fire department that is responsive twenty-four hours per day. Statements from the cognizant fire insurance rating organization shall be used by the Government as a definitive basis for determining the sufficiency or adequacy of a fire-fighting water supply and the responsiveness of a fire department to protect a facility.

(c) The Contractor shall insure that all installed fire protective systems shall be accredited by the cognizant fire insurance rating organization for insurance rate credit.

7. NOTIFICATION OF COMPLETION OF SERVICES

As soon as the required services for outgoing pouches are completed, the Contractor shall notify the COR and provide the following information:

a. ultimate destination of shipment;

b. date of pickup, number of pieces and gross weight of shipment; and

e. Bill of Lading or Air Way Bill number assigned to the shipment.

A U.S. Government Bill of Lading (GBL) will be issued for each shipment by the authorizing Government Agency. The GBL will either be:

(1) forwarded to the Contractor to be surrendered to the carrier or its agent when the shipment is picked up at the Contractor's premises; or

(2) Forwarded to the Contractor to be surrendered to the carrier or its agent when the shipment is delivered by the Contractor to the carrier or his agent.

The Contractor shall obtain a proper receipt from the carrier or its agent at the time the baggage is delivered to the carrier by the Contractor.

The Contractor shall tender the GBL to the carrier specified to transport the shipment to the port of embarkation. The Contractor shall contact the carrier in sufficient time to load the shipment on the carrier's vehicle in time to have the shipment delivered to the port of embarkation by the delivery date designated in the shipping data furnished by the

Government. In addition, the Contractor shall ensure that all customs procedures have been accomplished, and shall obtain required documentation for all shipments. The

Contractor shall notify the COR in writing if and why any shipment cannot be delivered to the port of embarkation by the date specified. Failure to provide this notice before the latest delivery to the pier may subject the Contractor to any liquidated damages to be paid by the Contractor to the carrier.

8. REQUIREMENTS FOR THE DELIVERY OF POUCHES

Receipt of Pouches

The Contractor shall notify the COR immediately if any shipment is received in damaged condition. The Contractor shall make notation of any visible loss or damage on the reverse side of the Airway Bill. Loose-packed effects shall be properly inventoried on receipt and immediately placed in proper palletized storage. If it is necessary to unload a steamship container and place the effects into loose-pack storage prior to delivery, the

Contractor shall prepare and sign an Inventory List when the effects are removed from the container and placed into storage.

Obtaining Delivery Receipt

The Contractor shall obtain a delivery receipt in triplicate signed by the client or his/her authorized agent upon completion of the delivery. The Contractor shall retain the original of this receipt and submit copy with the invoice for payment and provide one to client

The Contractor shall prepare a separate Inventory List, signed by the client or his/her agent, listing all articles lost or damaged and describing such loss or damage. The

Contractor shall submit this Inventory List to the COR within seven calendar days after delivery of the goods.

9. VEHICLES

The Contractor shall provide all vehicles necessary for the performance of this contract.

The Contractor shall provide all fuel and lubricants for the vehicles.

The Contractor shall provide the necessary vehicles of appropriate size (2.5 tons or more) for local transportation of shipments.

The Contractor shall maintain its vehicles in the proper mechanical condition to assure their full availability when needed, and to assure that shipments are reliably and safely transported from the residence to the appropriate staging area. If the Contractor encounters mechanical difficulties that prevent the scheduled completion of a scheduled pick-up, the Contractor shall immediately obtain a suitable substitute vehicle at no additional cost to the Government. Non-availability of suitable vehicles shall not constitute acceptable justification for late pickup or delivery, or for additional costs to the

Government.

10. COMPUTATION OF WEIGHTS

Gross Weight is calculated by the COR at the Embassy who creates the shipping document. The Contractor may choose to re-weigh at the airport and the COR shall approve a scale to be used in that event. The scale shall be officially certified by

Government of Malawi as accurate and shall continually display documentation in testimony thereof. All official certificates of accuracy shall be periodically updated and recertified to ensure there is no lapse of certification.

The COR or an appointed representative may be present at the scale site when any shipment weight is taken to witness the accuracy of the reading. The Contractor shall submit to the COR with each invoice a weight certificate, signed by the Government employees for whom services were rendered, and the name of any Government employee who witnessed the weight reading.

11. 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 pouching services.

1. thru 10.

All required services are performed with consideration of pouch integrity and no customer complaint is received per month.

Pouch Integrity: No broken seal, no tampering, no torn pouches.

Monitoring Performance

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.

Standard

The performance standard is that the Government receives no customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the

Contracting Officer may take appropriate action to enforce the inspection clause, FAR

52.212-4 Contract Terms and Conditions-Commercial Items, if any of the services exceed the standard.

12. PROCEDURES

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed, they shall immediately contact the

COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The

COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection Clause.

SECTION 2 - CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(OCT 2014)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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 (Apr 2010) (41

U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of

Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division

D of Pub. L. 110-161).

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://acquisition.gov/far/current/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 http://acquisition.gov/far/current/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_200_206.html#wp1144881 http://acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_200_206.html#wp1151163 http://acquisition.gov/far/current/html/52_200_206.html#wp1151299 http://acquisition.gov/far/current/html/52_207_211.html#wp1140926 http://acquisition.gov/far/current/html/52_207_211.html#wp1145644 http://acquisition.gov/far/current/html/52_207_211.html#wp1146366 http://acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://acquisition.gov/far/current/html/52_217_221.html#wp1135970 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 (Oct 2014)

(15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014)

(15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

(15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

(29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1135970 http://acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://acquisition.gov/far/current/html/52_217_221.html#wp1136174 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_217_221.html#wp1144950 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_217_221.html#wp1144420 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1147479 http://acquisition.gov/far/current/html/52_222.html#wp1147630 http://acquisition.gov/far/current/html/52_222.html#wp1147656 http://acquisition.gov/far/current/html/52_222.html#wp1147711 http://acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_222.html#wp1148123 http://acquisition.gov/far/current/html/52_222.html#wp1160019 http://acquisition.gov/far/current/html/52_222.html#wp1156645 http://acquisition.gov/far/current/html/Subpart%2022_18.html#wp1089948 http://acquisition.gov/far/current/html/52_223_226.html#wp1168892

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Aug 2011) (E.O. 13513).

__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (41)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act

(May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

_x_ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management (Jul 2013) (31 U.S.C. 3332).

_x_ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—

Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

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

52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(i) 52.203-13, Contractor Code of…