Cell_Phone_FY2015_-_Oslo.pdf
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- Mobile Cellular Services
- Solicitation number
- SNO600-15-Q-0001
- Issued by
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Department of State US Embassy Oslo
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cell phone contract - Oslo
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TABLE OF CONTENTS
Section 1 - The Schedule
SF 1449 cover sheet
Continuation To SF-1449, RFQ Number SNO600-14-Q-0001, Prices, Block 23
Continuation To SF-1449, RFQ Number SNO600-14-Q-0001, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property
Section 2 - Contract Clauses
Contract Clauses
Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
Solicitation Provisions
Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
Evaluation Factors
Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Representations and Certifications
Representations and Certifications
Addendum to Offeror Representations and Certifications - FAR and DOSAR
Provisions not Prescribed in Part 12
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER S-NO600-14-Q-0001
PRICES, BLOCK 23
SECTION 1 - THE SCHEDULE
1. SCOPE OF CONTRACT
The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Oslo, Henrik Ibsens gate 48, 0244 Oslo, Norway. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit.
The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.
Temporary Additional Services are defined as rental on a daily basis of SIM cards with or without cell phone. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the Standard Services on an as needed basis. This work shall not be subcontracted. The Contracting Office may require the Contractor to provide Temporary additional Services with 24 hours advance notice.
The Contractor shall include in its next regular invoice details of the Temporary Additional Services and, if applicable, the materials provided and requested under Temporary Additional Services. The Contractor shall also include a copy of the Contracting Officer’s written confirmation for the Temporary Additional Services.
II. PERIOD OF PERFORMANCE
The contract will be for a one-year period from the date of the contract award, with four one-year options to renew.
III. PRICING
OFFERS AND PAYMENTS IN U. S. DOLLARS
U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.
FOREIGN FIRMS - Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.
Estimated Yearly Qty Unit Unit Price Total Yearly Price
10 each monthly fixed rate per phone billed monthly
3. International Calls
3A. United States 50 monthly fixed rate per phone billed monthly
3B. Other Areas 50 monthly fixed rate per phone billed monthly
4. International Roaming
4A. United States 50 monthly fixed rate per phone billed monthly
4B. Other Areas 50 monthly fixed rate per phone billed monthly
5. Value Added Tax (VAT) 25%
Estimated Yearly Qty Unit Unit Price Total Yearly Price
84 each
10 each 94 each
4. Value Added Tax (VAT) 25%
III. 1.A. Standard Services - Base Year of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)
Description
1. Activation Fee
2. Service Rate Subscription Plan: Fixed Rate - Billed Monthly
3. Activation Fee
III. 1.B. Temporary Additional Services - Base Year of Service (The unit price set forth below is a price per day per phone.)
Description
1. Rental of SIM Card
6. Base Year Grand Total for Standard Services
5. Base Year Grand Total for Temporary Additional Services
III.1.A.6. Base Year Grand Total for Standard Services III.1.B.5. Base Year Grand Total for Temporary Additional Services Base Year Grand Total for All Services
2. Rental of Cell-phone with SIM card monthly fixed rate per phone billed monthly
3. International Calls
3A. United States 50 monthly fixed rate per phone billed monthly
3B. Other Areas 50 monthly fixed rate per phone billed monthly
4. International Roaming
4A. United States 50 monthly fixed rate per phone billed monthly
4B. Other Areas 50 monthly fixed rate per phone billed monthly
5. Value Added Tax (VAT) 25%
Estimated Yearly Qty Unit Unit Price Total Yearly Price
84 each
94 each
4. Value Added Tax (VAT) 25%
III. 2.A. Standard Services - First Option Year of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)
Description
1. Activation Fee
2. Service Rate Subscription Plan: Fixed Rate - Billed Monthly
3. Activation Fee
III. 2.B. Temporary Additional Services - First Option Year of Service (The unit price set forth below is a price per day per phone.)
Description
1. Rental of SIM Card
6. First Option Year Grand Total for Standard Services
5. First Option Year Grand Total for Temporary Additional Services
III.2.A.6. First Option Year Grand Total for Standard Services III.2.B.5. First Option Year Grand Total for Temporary Services First Option Grand Total for All Services with SIM Card monthly fixed rate per phone billed monthly
3. International Calls
3A. United States 50 monthly fixed rate per phone billed monthly
3B. Other Areas 50 monthly fixed rate per phone billed monthly
4. International Roaming
4A. United States 50 monthly fixed rate per phone billed monthly
4B. Other Areas 50 monthly fixed rate per phone billed monthly
5. Value Added Tax (VAT) 25%
Estimated Yearly Qty Unit Unit Price Total Yearly Price
84 each
94 each
4. Value Added Tax (VAT) 25%
III.3.A.6. Second Option Year Grand Total for Standard Services III.3.B.5. Second Option Year Grand Total for Temporary Additional Services Second Option Year Grand Total for All Services
III. 3.A. Standard Services - Second Option Year of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)
Description
1. Activation Fee
2. Service Rate Subscription Plan: Fixed Rate - Billed Monthly
5. Second Option Year Grand Total for Temporary Additional Services
3. Activation Fee
III. 3.B. Temporary Additional Services - Second Option Year of Service (The unit price set forth below is a price per day per phone.)
Description
1. Rental of SIM Card
6. Second Option Year Grand Total for Standard Services monthly fixed rate per phone billed monthly
3. International Calls
3A. United States 50 monthly fixed rate per phone billed monthly
3B. Other Areas 50 monthly fixed rate per phone billed monthly
4. International Roaming
4A. United States 50 monthly fixed rate per phone billed monthly
4B. Other Areas 50 monthly fixed rate per phone billed monthly
5. Value Added Tax (VAT) 25%
Estimated Yearly Qty Unit Unit Price Total Yearly Price
84 each
10 each 94 each
4. Value Added Tax (VAT) 25%
Third Option Year Grand Total for All Services
2. Rental of Cell-phone with SIM Card
III.4.A.6. Third Option Year Grand Total for Standard Services III.4.B.5. Third Option Year Grand Total for Temporary Additional Services
III. 4.A. Standard Services - Third Option of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)
Description
1. Activation Fee
2. Service Rate Subscription Plan: Fixed Rate - Billed Monthly
5. Third Option Year Grand Total for Temporary Additional Services
3. Activation Fee
III. 3.B. Temporary Additional Services - Third Option Year of Service (The unit price set forth below is a price per day per phone.)
Description
1. Rental of SIM Card
6. Third Option Year Grand Total for Standard Services monthly fixed rate per phone billed monthly
3. International Calls
3A. United States 50 monthly fixed rate per phone billed monthly
3B. Other Areas 50 monthly fixed rate per phone billed monthly
4. International Roaming
4A. United States 50 monthly fixed rate per phone billed monthly
4B. Other Areas 50 monthly fixed rate per phone billed monthly
5. Value Added Tax (VAT) 25%
Estimated Yearly Qty Unit Unit Price Total Yearly Price
84 each
10 each 94 each
4. Value Added Tax (VAT) 25%
III.5.A.6. Fourth Option Year Grand Total for Standard Services III.5.B.5. Fourth Option Year Grand Total for Temporary Additional Services Fourth Option Year Grand Total for All Services
III. 5.A. Standard Services - Fourth Option of Service - Estimated Quantities (The Base Year of the contract starts on the date of the contract award and continues for a period of 12 months.)
Description
1. Activation Fee
2. Service Rate Subscription Plan: Fixed Rate - Billed Monthly
5. Fourth Option Year Grand Total for Temporary Additional Services
3. Activation Fee
III. 4.B. Temporary Additional Services - Fourth Option Year of Service (The unit price set forth below is a price per day per phone.)
Description
1. Rental of SIM Card
6. Fourth Option Year Grand Total for Standard Services
Base Year Total Option Year 1 Total Option Year 2 Total Option Year 3 Total
Option Year 4 Total
GRAND TOTAL FOR BASE + ALL OPTION YEARS
IV. VALUE ADDED TAX (VAT)
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. The amount of VAT to be charged is 25%. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is included in each performance period.
The portions of the solicitation subject to VAT are charged on all aspects of the contract.
CONTINUATION TO SF-1449
RFQ NUMBER SNO600-14-Q-0001
INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT
SCHEDULE OF SERVICES, BLOCK 20
1. PERFORMANCE WORK STATEMENT
This solicitation is for mobile telephone services. The U.S. Embassy is using 177 lines under Standard Services and an estimated 94 lines for Temporary Additional Services for official purposes. The Contractor shall provide complete mobile telephones services for the U.S.
Embassy of Oslo, Norway. Services provided shall include:
Mobile Telephone Equipment (Temporary Additional Services Only) Calls within Norway International Calls International Roaming Wireless Application Protocol (WAP) SMS Messaging Voice Mail SIM Cards Detailed Billing of Calls, SMS/MMS and Data Made Data Services (Unlimited Service and internet data usage within Norway and
International)
The Contractor shall deliver all items no later than 3 working days after date of contract award.
Any Contractor personnel involved with the delivery of the items shall comply with standard US Embassy regulations for receiving supplies. The Contracting Officer’s Representative (COR) will be responsible for instructing Contractor personnel at the time deliveries are made. Deliveries shall be made between the hours of 9:00 am and 4:00 pm, Monday to Friday.
The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.
1.1 EQUIPMENT PACKAGE
The basic package shall include, but is not limited to, the following items:
1.1.1 Standard Services
SIM Card
1.1.2 Temporary Additional Services
Mobile Phone (When required in Task Order) SIM Card
Batteries (at least Li-Ion) Battery Charger Ear Plugs User Manual Safety Certificate and Brochures
1.2 CALLS WITHIN NORWAY
The Contractor shall ensure on a 24-hour basis at least 95% local network coverage around NORWAY with special consideration to all urban areas and main traffic routes.
1.3 INTERNATIONAL CALLS
The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.
1.4 INTERNATIONAL ROAMING
The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all European Countries and the
USA.
1.5 WIRELESS APPLICATION PROTOCOL (WAP)
The Contractor shall provide Internet connection through their network to the Wireless Application Protocol (WAP) Internet sites.
1.6 SMS MESSAGING
The Contractor shall provide access to around the clock SMS messaging.
1.7 VOICE MAIL
The Contractor shall provide Voice Mail services in English and the Norwegian Language.
A Voice Mail Box shall be prepared for each number separately as per standard practice.
1.8 RENTAL OF CELL PHONES WITH SIM CARDS AND/OR SIM CARDS
The Contract shall provide up to 84 SIM Cards for rent within 2 business days of notice and additional 10 SIM Cards with cell phones within 2 business days, according to Government needs, for official visits.
1.9 CUSTOMER SERVICE
The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.
10. DETAILED BILLING
1.10.1 The Contractor shall provide a monthly breakdown of calls made by individual numbers. The breakdown shall clearly show:
Called Number Time and Date of the Call Duration of the Call Price Agency Breakdown
1.10.2 The monthly lists of calls made shall be forwarded to the Contracting Officer’s Representative (COR) until the end of each current month for the previous month to the following address:
U.S. Embassy Oslo Information Systems Center (ISC) Henrik Ibsens gate 48, 0244 Oslo
2. INVOICING
(a) The Contractor shall submit monthly invoices to the COR at the address shown in paragraph d below. A proper invoice must 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 should include the cost breakdown by each telephone line according to the pricing schedule
A detailed list of all calls made for each line to include numbers called duration, date and cost.
Prompt payment discount, if any
Type of Tariff used
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 must 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) The Contractor will send all invoices to the following address:
U.S. Embassy Oslo Financial Management Office Henrik Ibsens gate 48, 0244 Oslo
(e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice
3. KEY PERSONNEL
3.1 The Project Manager must be able to converse in English and Norwegian. The Contractor shall assign a project manager to this contract.:
POSITION/FUNCTION
Project Manager NAME _______________________________
3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.
3.3 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.
3.4 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.
4. PERMITS
Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Norwegian country laws.
5. GOVERNMENT FURNISHED PROPERTY
The Government intends to use Government Owned Equipment and Accessories as listed in Attachment 1. The Contractor shall provide a fully functional SIM Card with the same telephone number, and appropriate security codes for all existing Government cell-phones.
6. ADDITION OF NEW LINES
The Contractor will provide a fully functional SIM card, telephone number to the COR after receiving a delivery order under the contract for Temporary Additional Services.
7. NON-OFFICIAL LINES
This Contract is valid only for official Government needs.
8. DISCLOSURE OF INFORMATION
Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.
9. TECHNOLOGICAL REFRESHMENT
After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.
The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.
Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:
(a) The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.
(b) The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).
(c) The proposal shall discuss the impact on hardware, services, and delivery schedules.
The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.
(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.
10. SPECIAL SHORT TERM PROMOTION
For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S.
Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.
11. DELIVERY ORDERS
The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract for Temporary Additional Services.
If an order is given orally, it will be followed up by a written delivery order within 7 days.
12. EQUIPMENT RETURN/DEFECTIVE POLICY
If a telephone is defective or is being returned, the telephone will be exchanged within two
(2) business days.
13. CUSTOMER SERVICE CENTERS
The Contractor is to provide a telephone number for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services.
14. SURVIVABILITY AND RECOVERY
The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.
The Contractor shall have a recovery plan in place that shall deal with such occurrences.
15. 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 mobile phone services set forth in the scope of work.
1. thru 19.
All required services are performed and no more than one
(1) customer complaint is received per month.
SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL
ITEMS (MAY 2014), is incorporated by reference (See SF-1449, Block 27A).
FAR 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:
[Contracting Officer check as appropriate.] __ (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.)
__ (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).
__ (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 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—Subcontracting 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 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– 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.
__ (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).
__ (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).
__ (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)).
__ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (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).
__ (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:
[Contracting Officer check as appropriate.] __ (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, No displacement00 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.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)
(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(x) 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)).
(xi) 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).
(xii) 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).
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 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).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE
INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE
(DEC 2012)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND
TRANSLATION OF CONTRACT (FEB 2000)
52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE
OVERSEAS (APR 1984)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN
1997)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE
2013)
52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:
52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5 SIM Cards with or without cell phones, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of 84 SIM Cards with or without cell phones.
(2) Any order for a combination of items in excess of 94 SIM Cards with or without cell phones; or
(3) A series of orders from the same ordering office within 2 business days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract’s effective period.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting
Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)
(AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) Invoice Submission. The Contractor shall submit invoices in an original and electronic version to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).
The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.
(c) Contractor Remittance Address. The Government will make payment to the Contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:
652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)
The Government shall use one of the following forms to issue orders under this contract:
(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or,
(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet.
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 or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR).
Such designation(s) shall specify the scope and limitations of the authority so delegated;
provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this contract is the Computer Management/Telephone Technician Assistant.
SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED
(AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C.
2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S.
person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott”, and are therefore exempted from Section 8(a)’s prohibitions listed in paragraphs (a)(1) through (6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document requirements with…
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