Solicitation 19GE5024R0042.pdf

U.S. CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt

Germany

Tel: +49 60 7535 3331 Email: PfannkucheS@State.gov

March 26, 2024

Subject: Solicitation No.: 19GE5024R0042

Expansion of existing Land Mobile Radio in Lebanon U.S. Embassy Beirut, Lebanon

Dear Sir or Madam, The Regional Procurement Support Office (RPSO) would like to invite your company to submit a proposal for Expansion of existing Land Mobile Radio in Lebanon on behalf the Bureau of International Narcotics and Law Enforcement Affairs at the U.S. Embassy Beirut. This solicitation may result in issuance of a firm fixed-price service contract.

Use of the specifications for purposes other than submitting a proposal under this solicitation is prohibited. All discussions pertaining to these services will be in the English language. If you intend to submit a proposal, you should thoroughly examine all documents contained in the solicitation package.

Questions shall be submitted as soon as possible but not later than April 10, 2024, by 1500 hours Central European Time (CET). Any questions you may have concerning the solicitation document should be submitted in writing via email to Sarah Pfannkuche: PfannkucheS@state.gov and copy to FrankfurtRPSO@state.gov so that a response can be provided prior to the solicitation closing date.

The proposal shall be submitted as a pdf document emailed to PfannkucheS@state.gov and copy to FrankfurtRPSO@state.gov as soon as possible but not later than April 25, 2024 by 1500 hours Central European Time (CET). The email subject line must read “Proposal 19GE5024R0042”. The email size shall not exceed 45MB.

No proposal will be accepted after the specified time.

Each offeror will be responsible for determining the amount of labor that will be required to complete the services, and for pricing their proposal accordingly. Further, each offeror is responsible for furnishing complete information to its subcontractors. Subcontractors shall not be referred to the U.S.

Government concerning the requirement.

mailto:PfannkucheS@State.gov mailto:PfannkucheS@state.gov mailto:FrankfurtRPSO@state.gov mailto:PfannkucheS@state.gov mailto:FrankfurtRPSO@state.gov

The Contracting Officer reserves the right to reject any and all proposals and to waive any information or minor irregularities in proposals received.

Thank you for your interest in this U.S. Government procurement.

Any questions regarding this solicitation should be directed to Sarah Pfannkuche, Contract Specialist, tel: (+49) 69 7535 3331, or email: Pfannkuches@state.gov

Sincerely, /s/

Nicolas A. Wilhelm Contracting Officer mailto:Pfannkuches@state.gov

SOLICITATION DOCUMENT

United States Embassy Beirut, Lebanon

Bureau of International Narcotics and Law Enforcement Affairs Expansion of existing Land Mobile Radio in Lebanon

SOLICITATION NO. 19GE5024R0042

Issued by:

U.S. Consulate General Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main Germany

19GE5024R0042

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5024R0042

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/27/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sarah Pfannkuche

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL pfannkuches@State.gov

8. OFFER DUE DATE / LOCAL

TIME

04/25/2024 15:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BEIRUT

ANTELIAS, PO BOX 70-840

ATTN: INL

BEIRUT, LEBANON

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

OFFER X SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

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

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

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Nicolas Wilhelm

31c. DATE SIGNED 03/27/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

Line Item Summary

Solicitation Number:

19GE5024R0042

Contract Number: Title: Beirut INL-Expansion of existing Land Mobile Radio

Date of Solicitation:

03/27/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001:

Power feeding, connection to the earthing systems, and surge arrester, as specified for each of the 6 sites.

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

6.00 EA $0.00 $0.00

002 CLIN 0002:

TETRA base stations including and not limited to all necessary controllers, duplexers, transceivers, antennas, power supplies, batteries, for each base station, as per specifications listed herein Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

6.00 EA $0.00 $0.00

003 CLIN 0003:

Dispatcher, NMS, and voice recorder for each standalone area (Two standalone areas) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

004 CLIN 0004:

IDU

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

8.00 EA $0.00 $0.00

005 CLIN 0005:

ODU 13 Ghz Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

18.00 EA $0.00 $0.00

006 CLIN 0006:

ODU 18 Ghz Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

6.00 EA $0.00 $0.00

007 CLIN 0007:

Microwave Antenna

0.6 m diameter, 13 GHz Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

4.00 EA $0.00 $0.00

008 CLIN 0008:

Microwave Antenna

0.9 m diameter, 13 GHz Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

8.00 EA $0.00 $0.00

009 CLIN 0009:

Microwave Antenna

0.9 m diameter, 18 GHz Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

4.00 EA $0.00 $0.00

010 CLIN 0010:

Microwave element management platform Type of Contract Pricing: FFP

Doc Ref No:

1.00 EA $0.00 $0.00

Line Item Summary

Solicitation Number:

19GE5024R0042

Contract Number: Title: Beirut INL-Expansion of existing Land Mobile Radio

Date of Solicitation:

03/27/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

Delivery Date FOB:

011 CLIN 0011:

IP connected air interface bridge Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

012 CLIN 0012:

Shipment, customs, transportation, installations, cabling, alignment, configuration, integration, testing, and commissioning, as specified Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

013 CLIN 0013:

Level I maintenance and troubleshooting training on base stations for seven trainees, as specified Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 SV $0.00 $0.00

014 CLIN 0014:

Factory Acceptance Test (FAT) to be attended by five customer representatives, as specified herein Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA $0.00 $0.00

015 CLIN 0015:

Complete system two years warranty and services including labor and parts with on-site local support, as specified herein Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA $0.00 $0.00

016 CLIN 0016:

Defense Base Act insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

TABLE OF CONTENTS - .

Section I - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFP Number 19GE5024R0042, Prices, Block 23

• Continuation To SF-1449, RFP Number 19GE5024R0042, Schedule of Supplies/Services, Block 20 Description/

Specifications/Work Statement

• List of Attachments:

Attachment A - Scope of Work Attachment B – W-14 form Attachment C – Instructions on how to complete W-14 Attachment D – DS4184 Risk Analysis Information Attachment E – NDAA-889 Representation Form

Section II - Contract Clauses

• Contract Clauses

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

Section III - Solicitation Provisions

• Solicitation Provisions

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

Section IV - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section V - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION I - THE SCHEDULE

A. Description

The American Consulate General Beirut, Lebanon requires expansion of existing land mobile radio in Lebanon.

B. Type of Contract

This is a Firm-Fixed Price contract using Simplified Acqusition Procedures as per FAR 13.5. The Firm-Fixed Price shall include all labor, overhead, profit, general liability insurance, international and local travels and accommodations, expenses, charges, fees, transportation necessary to deliver the required services, cost of materials and installation. No additional sums will be payable on account of any escalation in the cost of transportation, general liability insurance or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost, or difficulty in achieving the results required by this contract. The contract price will not be adjusted because of fluctuations in currency exchange rates. Changes in the contract price, or time to complete, will be made only for changes made by the Government in the work to be performed, or by delays caused by the Government. Any costs not priced will be considered to be included in the overhead and other indirect costs.

C. Period of Performance

This contract shall be completed within 550 calendar days.

D. Tax

Value Added Tax (VAT) is not applicable to this contract.

Any company needs to be registered in Lebanon in order to receive VAT exemption, and that registration automatically makes that company liable to pay income tax in Lebanon.

E. Invoice

The Contractor shall provide an invoice on a monthly basis by e-mail to the address provided in the contract.

The Contractor must follow the invoice instructions provided in FAR clause 52.212-4(g) – Instructions to Offerors, Invoice.

Advance payment shall not be authorized.

For each Bill of Quantity (BOQ) item (see attachment A- Scope of Work), the percentage of BOQ price due for payment shall be submitted by the Contractor to the INL COR.

The final payment shall be issued upon successful completion of the entire project, except for the warranty period, and only after final inspection and approval of the performed work by the USG.

F. Defense Base Act (DBA) insurance

a. The Department of Labor has waived the DBA insurance for the countries in paragraph (b) of this subsection.

United States citizens or residents and individuals hired in the United States, regardless of citizenship shall be required to obtain DBA insurance. Evidence of DBA insurance shall be submitted within 15 days of award. The DBA Insurance shall be obtained from any U.S. Department of Labor (DOL) authorized DBA insurance broker.

A list of DOL-authorized insurance brokers is available at the following address:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

b. DBA insurance cost will be evaluated as part of the total evaluated firm fixed price and included in the firm fixed price of the task order. The Contractor shall be reimbursed for the cost of DBA insurance only upon providing proof of payment. The DoL has waived DBA insurance for the following countries of performance under this contract: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm

c. Lebanon is not listed on the DOL Active DBA Waiver list and therefor the successful Contractor shall be required to purchase DBA insurance for his employees working on the project, regardless of nationality.

d. The Contractor will be reimbursed for DBA insurance only to the extent the Contractor provides documentary proof that DBA insurance has been paid and only to the extent quoted in the Pricing Schedule.

G. Warranty

The Contractor shall provide a two-year warranty for the two new service areas, including labor and parts with on-site local support in Lebanon, to perform troubleshooting and first level support in case of service outage.

If a failure occurs during the warranty period, the Contractor shall provide maintenance services that include parts ensuring a maximum of three hours downtime for the two new service areas and five hours downtime for a single site in the new service areas, which would meet the law enforcement need of an ‘always up’ communication system and is practical given that the maximum time to arrive from Beirut to any of the sites is approximately one hour.

H. Notice to Proceed

After Contract award and submission of acceptable insurance certificates, the Contracting Officer will 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. The submission of invoice by e-mail is acceptable.

I. Pricing

The Offeror shall complete pricing information in the following pricing table:

A B C D E F CLIN Description Unit Quantity Firm-Fixed

Unit Price Total Firm-Fixed Price

0001 Power feeding, connection to the earthing systems, and surge arrester, as specified for each of the 6 sites.

Each 6

0002 TETRA base stations including and not limited to all necessary controllers, duplexers, transceivers, antennas, power supplies, batteries, for each base station, as per specifications listed in the SOW

Each 6

0003 Dispatcher, NMS, and voice recorder for each standalone area (Two standalone areas)

Each 2

Licensed microwave transmission link with antennas as per specifications stated herein 0004 IDU Each 8 0005 ODU 13 Ghz Each 18 0006 ODU 18 Ghz Each 6 0007 Microwave Antenna

0.6 m diameter, 13 GHz Each 4

0008 Microwave Antenna

0.9 m diameter, 13 GHz

Each 8

0009 Microwave Antenna

0.9 m diameter, 18 GHz

Each 4

0010 Microwave element management platform Each 1 0011 IP connected air interface bridge Each 2 0012 Shipment, customs, transportation, installations, cabling, alignment, configuration, integration, testing, and commissioning, as specified in the SOW

Lot 1

0013 Level I maintenance and troubleshooting training on base stations for seven trainees, as specified in the SOW

Svc 1

0014 Factory Acceptance Test (FAT) to be attended by five customer representatives, as specified in the SOW

Each 1

0015 Complete system two years warranty and services including labor and parts with on-site local support, as specified in the SOW

Each 1

0016 Defense Base Act insurance (DBA) Lot 1

TOTAL (CLINs 0001 – 0016)

J. Abbreviations

FAR – Federal Acquisition Regulation DOSAR – Department of State Acquisition Regulation CO – Contracting Officer COR – Contracting Officer Representative INL – International Bureau of Narcotics and Law Enforcement Affairs USG – U.S. Government BOQ – Bill of Quantity SOW – Statement of Work RFP – Request for Proposal

STATEMENT OF WORK - .

The purpose of this firm-fixed price contract is to expand the existing Land Mobile Radio (LMR) TETRA network owned by the Lebanese Internal Security Forces (ISF) to some key areas in South Lebanon and Bekaa governates. The Contractor shall provide all labor, services, equipment, materials, tools, transportation, supervision, and all expenses and requirements necessary to accomplish the efforts described below.

1. Description

The Contractor shall implement two new TETRA service areas in South Lebanon and Bekaa governates by providing the following supplies and services:

1. Supply and installation of the specified electrical and earthing preparatory works for six TETRA sites, of which three will be located in South Lebanon and three in Bekaa.

2. Supply and installation of six TETRA base stations, including and not limited to all necessary controllers, duplexers, transceivers, antennas, power supplies, batteries, for each base station, as per specifications.

3. Supply and installation of two sets of ‘Dispatcher, Network Management System, and Voice Recorder’, one set for each of the two standalone areas.

4. Supply and installation of the following licensed microwave transmission links with antennas, as specified:

• Eight Indoor Units

• Eighteen Outdoor Units 13 Ghz

• Six Outdoor Units 18 Ghz

• Four microwave antennas 0.6 m diameter, 13 Ghz

• Eight microwave antennas 0.9 m diameter, 13 Ghz

• Four microwave antennas 0.9 m diameter, 18 Ghz

5. Supply and installation of one microwave element management platform.

6. Supply and installation of two IP connected air interface bridge.

7. Shipment, customs, transportation, installations, cabling, alignment, configuration, integration, testing, and commissioning, as specified.

8. Provision of level I maintenance and troubleshooting training on base stations for seven trainees, as specified.

9. Performance of Factory Acceptance Test (FAT), as specified.

10. Provision of a two-year warranty for the complete system including labor and parts with on-site local support, as specified.

11. Performance of Theoretical TETRA Radio Frequency Propagation coverage study for the South Lebanon and Bekaa governates, as required.

The required period of performance is 550 calendar days and include site survey, coverage study, determination of site locations, engineering works, deliverables, submittals, site preparatory works, procurement and manufacturing of equipment and related items, FAT, delivery, installation, configuration and integration, SAT, drive tests, commissioning, training of end users, as built and O&M submittals, closeout procedures, and all other items specified in the contract.

2. Scope of Work

Please see attachment A - Scope of Work.

3. Deliverables

The following items shall be delivered under this contract:

Deliverable Due Date Frequency Distribution DBA Insurance and any other insurance required to perform the service (refer to Section I, part F)

Within 15 calendar days after contract award

One time CO

Quality Management Plan (refer to Attachment A – Scope of Work – Section 2.8 – Quality Assurance/Control and Section I, Part 10 herein)

Within 15 calendar days after contract award

One time INL COR

Safety Plan (refer to Attachment A – Scope of Work – Section 2.9)

Within 15 calendar days after contract award

One time INL COR

Performance Schedule (refer to Attachment A – Scope of Work

– Section 2.10)

Within 15 calendar days after contract award

One time INL COR

Performance Schedule Update (refer to Attachment A – Scope of Work – Section 2.10)

Last calendar day of each month Monthly INL COR

Key Personnel and Organization Chart (refer to Attachment A – Scope of Work – Sections 2.12 and 2.13)

Within 15 calendar days after contract award

One time INL COR

Subcontractor or Vendor Company Profile, Key Personnel, Past Performance, and Experience[AcM1]

Within 15 calendar days after contract award

As needed INL COR

Monthly Progress Report (refer to Attachment A – Scope of Work – Sections 2.5.2 A)

Monthly after NTP Monthly INL COR

Payment Request (see Section I, part E)

Monthly Monthly INL COR

Coverage Study (refer to Attachment A – Scope of Work

– Sections 2.5.1)

Within 30 calendar days after

NTP

One time INL COR

Site Works Description, Sketches, Details (refer to Attachment A – Scope of Work

– Sections 2.5.2 A)

10 calendar days after submission Coverage Study

One time INL COR

Technical and Solution Description, System Architecture and Diagrams (refer to

10 calendar days after submission of Coverage Study

One time INL COR

Attachment A – Scope of Work

– Sections 2.5.2 A) Technical Data Sheets of System Equipment (refer to Attachment A – Scope of Work – Sections

2.5.2 A)

15 calendar days before delivery of any equipment

As needed INL COR

FAT Plan and Agenda Documents (refer to Attachment A – Scope of Work – Sections

2.5.2 B)

21 calendar days before FAT starting date

One time INL COR

FAT Results Documents (refer to Attachment A – Scope of Work

– Sections 2.5.2 B)

Within 15 calendar days after FAT completion date

One time INL COR

SAT Plan and Agenda (refer to Attachment A – Scope of Work

– Sections 2.5.5 A)

15 calendar days before SAT starting date

One time INL COR

SAT Results Documents (refer to Attachment A – Scope of Work

– Sections 2.5.5 A)

Within 5 calendar days after SAT completion date

One time INL COR

Section II – Recruitment of Third country Nationals for Performance on Department of State Contracts (May 2023), if applicable

Housing and Recruitment Plan for Recruitment of Third Country Nationals, if applicable:

(a) Updates of applicable plans

(b) Annual certification

Annually from the date of proposal submission and as changes occur

CO

4. Laws and Regulations

4.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

4.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

5. 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 Performance Threshold Services Performs all Community-Oriented Policing Program Service set forth in the scope of work.

All required services are performed satisfactorily with no more than 1(one) customer complaint is received per month.

(a) SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

(b) STANDARD. The performance standard is that the Government receives no more than 1 (one) 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 Products and Commercial Services), if any of the services fail to meet the standard.

(c) PROCEDURES.

1. If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

2. The COR will complete appropriate documentation to record the complaint.

3. 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.

4. 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.

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

6. 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.

7. The COR will consider complaints as resolved unless notified otherwise by the complainant.

8. 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.

6. Other Pertinent Information or Special Considerations

Authorized Instruction to Contractor:

(a) No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

(b) Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

7. Constract Administration Data

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual.

This contract will be administered as follows:

Contracting Officer:

Nicolas A. Wilhelm Deputy Director, Regional Procurement Support Office (RPSO)

Contracting Officer:

Sarah Pfannkuche, Contract Specialist American Consulate General Frankfurt Giessener Strasse 30 60435 Frankfurt am Main Germany Telephone Number: 49-69-7535-3331 Email: Pfannkuches@state.gov

Contracting Officer’s Representative (COR):

Macram Abi Chacra Senior Program Engineer (INL) U.S. Embassy Beirut, Lebanon

SECTION II - CONTRACT CLAUSES AND PROVISIONS

The following FAR and DOSAR clauses are applicable and accessbile on https://www.acquisition.gov

52.212-4 - Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

__ (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Nov 2023) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material…