SWHARC15Q0011.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SWHARC15Q0011

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

DATE

01/16/2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Kevin T. Ellis

b. TELEPHONE NUMBER (No collect calls) 954-630-1164

c. EMAIL elliskt@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE RPSOM

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

X 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

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

DA_MICODE15. DELIVER TO

Miami DA Office (DA_MI)

MIAMI DESPATCH AGENCY

7789 NW 48TH STREET, SUITE 250

MIAMI, FL 33166

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY

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

OFFER 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

See Line Item Detail

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 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)

Kevin T. Ellis 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SWHARC15Q0011

Table of Contents

Section Description Page Number

2 Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Dec 2014) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

3 Solicitation Provisions 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) 52.204-6 Data Universal Numbering System Number (Jul 2013) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.204-7 System for Award Management (Jul 2013)

652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 99)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L-001 Instructions for Submissions U.S. Despatch Agency Miami BPA

L-002 EVALUATION FACTORS

4 Evaluation Factors 52.212-2 Evaluation - Commercial Items (OCT 2014)

5 Representations and Certifications 52.212-3 Offeror Representations and Certifications - Commercial Items (OCT 2014)

001 BPA Setup Document 0.00 LT Doc Ref No:

Delivery Date FOB:

SWHARC15Q0011

Line Item Summary

Solicitation Number:

SWHARC15Q0011

Contract Number: Title: Date of Solicitation:

01/16/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

1.2 PERFORMANCE WORK STATEMENT

MIAMI DESPATCH COURIER SERVICE

1. DESCRIPTION

a. The U.S. Despatch Agency, Miami, Florida intends to purchase messenger services for the pickup and de-livery of documents originating from the Despatch Agency (DA), airlines, U.S. Customs, or other desig-nated addresses from the Despatch Agency.

b. Messenger may be required to wait for clearance signatures or authorizations.

c. All services shall be performed in/around the Miami International Airport, Miami Free Zone, and the Des-patch Agency. The BPA holder must establish regular pick up schedules and immediate notification to the COR of any wait requirement.

2. OBJECTIVES

a. The goal of this acquisition is to establish a safe and uniform process for delivering documents from the DA to airlines and U.S Customs then back to the DA.

b. The messenger service shall pick up documents from the DA which indicate which airlines the messenger must visit. The messenger shall pick up documents from the airlines and deliver them to the DA. The messenger shall also go to U.S. Customs near the airport and U.S. Customs at the Miami Free Zone to either deliver documents or check for documents and return them to the DA. When wait time is necessary, messenger shall notify the COR for approval. The BPA holder must provide pick-up service between 8:00 A.M and 5:00 P.M., Monday through Friday, excluding Federal holidays.

c. The messenger shall bring a Messenger Dispatch Slip for each stop completed on the route. Designated DA staff will sign approving the stops and recording the number of documents picked up.

d. Messenger shall notate the starting and ending of wait time on the charge ticket.

3. SCOPE

a. The contractor shall provide all personnel, supervision, transportation (vehicles), and labor necessary to perform the driving, pick-up, and delivery of documents from and to the specified locations.

b. Contractor must ensure that all couriers providing Service be: (i) a U.S. citizen or have lawful permanent resident status, and (ii) fluent in the English language.

c. Pickup and transport shall occur five (5) days per week (Monday through Friday), between the hours of 8:00 AM and 5:00 PM., except on Federal Holidays.

4. RESPONSIBILITIES

The contractor shall:

a. Provide personnel with the skills, knowledge, and training to satisfactorily perform the services required by this BPA. The contractor shall have the sole responsibility of training, equipping, supervising, and dis-charging employees.

b. Contractor is required to (i) be licensed; and (ii) provide proof of insurance.

c. Contractor must provide the DA Miami POC and Contracting Officer within five (5) days of receiving

Award with: (i) A signed authorized courier list on company’s letterhead, and (ii) color photograph of each authorized courier with courier’s typed name

d. Contractor must provide the DA Miami POC and Contracting Officer a revised authorized courier list within 24 hours, either by fax or personal delivery, whenever there is an addition or deletion to list.

e. Contractor must provide to the DA Miami POC within five (5) days of receiving award a list of couriers’ name with telephone numbers and pager/cell numbers where the couriers can be reached.

f. The Contractor shall provide timely and professional customer service (i.e. address concerns, issues, and other administrative functions). For purposes of this BPA timely means no later than by the close of busi-ness next business day.

g. Contractor must ensure a messenger is available for all the days required.

h. Contractor shall provide its own vehicle parking during the performance of this BPA. The DA will not be liable for any expense incurred by the contractor as a consequence of any traffic infraction or parking viol-ations attributable to employees of the contractor.

i. The Contractor shall not divulge to third parties any confidential information obtained by the contractor or its agents.

The DA Miami shall:

a. Provide accurate and complete addresses and contact information for locations to be serviced and notify Contractor accordingly of any changes.

b. Provide the courier with a list of authorized personnel to call when the pickup has to be rescheduled.

5. DELIVERABLES

DELIVERABLE SECTION DELIVERY DUE

DATE

DELIVER TO METHOD

Insurance certificate 4b within ten (10) days after award

Contracting Officer Electronically or fac-simile

Signed authorized courier list

4c within five (5) days after award

DA Miami POC and Contracting Of-ficer

Electronically or fac-simile

Contacts Information 4e within five (5) days after award

DA Miami POC Electronically or fac-simile

Government Contact Information:

CO: Kevin T. Ellis Tel: 954-630-1164 Fax: 954-630-1165 Email: EllisKT@state.gov

DA POC/BPA Coordinator: Charles E. Hutchinson Tel: 305-640-4574 Fax: 305-715-3502 Email: HutchinsonCE@state.gov

6. QUALITY ASSURANCE

6.1 Quality Control Plan. The Contractor shall establish a quality control program/plan that shall be submitted as a part of its pre-award submission. The Contractor shall implement and adhere to the approved quality con-trol program/plan when performance begins, and throughout the performance period. The Contractor shall provide the Contracting Officer updates of the quality control plan as changes occur.

6.1.1 Content of the Quality Control Plan. As a minimum, the quality control plan shall include the following:

6.1.1.1 An audit system covering all services required by the contract. It must specify the routs to be audited on either a scheduled or unscheduled basis, how often audited will be accomplished, and the tasks of the individu-als who will perform the audits.

6.1.1.2 A method of identifying deficiencies in the quality of services performed before the level of perform-ance becomes unacceptable.

6.1.1.3 A method of documenting and enforcing quality control operations.

6.1.1.4 A customer complaint program. The program shall include:

6.1.1.4.1 A way for customers to report complaints, deficiencies, and noncompliance with the terms and condi-tions of the contract. The medium chosen by the Contractor shall be easily assessed, and may include emails from the ordering office. Adequate publicity shall be given so customers may readily contact the Contractor.

6.1.1.4.2 A description of the manner in which the Contractor shall promptly investigate any customer com-plaint and respond to the customer. The Contractor shall forward a monthly synopsis of complaints received and actions taken to the BPA Coordinator not later than 5 days after the end of each month.

6.1.1.6 Quality Control Records. Records of all audits conducted by the Contractor and necessary corrective ac-tions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the Government throughout the term of this contract.

6.2 This Quality Assurance and Surveillance Plan (QASP) is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the BPA Coordinator to monitor Contractor performance, advise the Contracting Officer of unsatisfactory performance. The Con-tractor, not the Government, is responsible for management and quality control to meet the terms of the con-tract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Outcome and Requirement

Standard and Acceptable Quality Level (Maximum allowable deviation)

Performance Measurement

Interval

Incentive/ Disincentive

Calculation

Outcome:

Document delivery meet-ing program objectives as stated in PWS.

Requirement:

Performs all services set forth in PWS.

Documents are delivered complete and to the appropriate offices as de-scribed in the PWS.

All required work is prop-erly performed, and no more than one (1) custom-er complaint is received per month.

Measured monthly by audits.

Positive incentive:

High rating in CPS

Negative incentive:

Low rating in CPS; see also below regarding ac-tions under the Inspection clause

Performance:

Number of valid written complaints during the month.

6.3 SURVEILLANCE. The BPA Coordinator will receive and document all complaints from Government per-sonnel regarding the services provided. If appropriate, the BPA Coordinator will send the complaints to the Contracting Officer for transmittal to the Contractor for corrective action.

6.4 STANDARD. Document delivery must be professionally conducted and result in document arrival within allotted time frames. The performance standard beyond that is that the Government receives no more than one

(1) customer complaint per month. The BPA Coordinator shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the applicable audit clause, if any of the services exceed the standard.

6.5 PROCEDURES

6.5.1 The Government may document the delivery process and conduct an audit, among other quality surveil-lance techniques. If any Government personnel observe unacceptable services, either incomplete work or re-quired services not being performed, they should immediately contact the Contracting Officer.

6.5.2 The BPA Coordinator will complete appropriate documentation to record the complaint.

6.5.3 If the BPA Coordinator determines the complaint is invalid, the BPA Coordinator will advise the com-plainant. The BPA Coordinator will retain the annotated copy of the written complaint for his/her files.

6.5.4 If the BPA Coordinator determines the complaint is valid, the BPA Coordinator will inform the Contract-ing Officer who will contact the Contractor and give the Contractor additional time to correct the defect, if addi-tional time is available. The Contracting Officer shall determine how much time is reasonable.

6.5.5 The Contracting Officer shall, as a minimum, notify the Contractor by email of any valid complaints.

6.5.6 If the Contractor disagrees with the complaint and challenges the validity of the complaint, the Contractor shall notify the Contracting Officer. The Contracting Officer will review the matter to determine the validity of the complaint.

6.5.7 The Contracting Officer will consider complaints as resolved unless notified otherwise by the complain-ant.

6.5.8 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 BPA Coordinator will contact the Contracting Officer for appropriate action under the Inspection clause.

6.5.9 If the contractor fails to meet the performance standard, the Government reserves the right to take action under the Inspection clause, including a deduction from the invoice.

Section 2- Contract Clauses

Clause Title

52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Dec 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 ac-quisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 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)).

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

(4) 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 in-dicated 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.]

X (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 Rein-vestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, 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) [Reserved].

__(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

__(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it 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--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X (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)).

X (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)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

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

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

X (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 com-mercially available off-the-shelf items.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

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

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

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

X (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

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

__ (41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

__ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (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).

X (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 pro-visions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

X (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).

X (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 Main-tenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (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 transac-tions 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 dis-putes 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 Con-tractor 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 subcon-tracts 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 in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance 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 Mainten-ance, 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all informa-tion posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

FAPIIS consists of two segments -

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by -

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for -

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s re-cord.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the in-formation, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Free-dom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of In-formation Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

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

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the con-tract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe

Benefits

Messenger - GS-0302-02 $11.70/hr plus fringe

(End of clause)

Section 3- Solicitation Provisions

Clause Title

52.212-1 Instructions to Offerors - Commercial Items (Apr 2014)

52.204-6 Data Universal Numbering System Number (Jul 2013)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.204-7 System for Award Management (Jul 2013)

652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 99)

(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the con-tracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 875-5429, by fax at (703) 875-6155, or write to: U.S. Department of State, Competition Advocate, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential of-ferors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombuds-man is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evalu-ation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of con-cerns, issues, disagreements, and recommendations of interested parties to the appropriate Government person-nel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidenti-ality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Raymond Bouford, at 703-875-5429, or by fax at 703-875-6155. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman.

Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 875-5429, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.

(end of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The of-feror is cautioned that the listed provisions may include blocks that must be completed by the offeror and sub-mitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

[Insert one or more internet addresses]

(End of provision)

L-001 Instructions for Submissions U.S. Despatch Agency Miami BPA

Interested firms must submit the following (by uploading to the FEDBIZOPPS web site; no other method is al-lowed):

A. Name of company and contact information (address, phone, fax, and email), including the completed certi-fications appearing at the end of this document.

B. Information demonstrating the company’s ability to perform, including:

(1) Name of a Project Manager (or other liaison to the DA) who understands written and spoken English;

(2) Evidence that the company operates an established business with a permanent address and tele-phone listing;

(3) List of clients, demonstrating prior experience with relevant past performance information and references;

(4) Evidence that the company can provide the necessary personnel, equipment, and financial re-sources needed to perform the work;

(5) Evidence that the company has all licenses and permits required by Federal and local law;

(6) A description of quality assurance measures to ensure the quality of service required;

(7) Written evidence that the company has in place all insurance required for the type of work in-volved;

(8) Description of current and planned prices; and

(9) Description of company’s experience carrying and protecting documents that are covered by the Privacy Act; demonstrated familiarity with airline security when accessing airline cargo offices;

demonstrated experience dealing with U.S. Customs and other government entities; a minimum of 3 years of experience is required

Note: This is a service disabled small business set-aside.

L-002 EVALUATION FACTORS

The Government intends to award one Blanket Purchase Agreement (BPA) using the following considerations:

Compliance Review. The Government will perform an initial review of submissions received to determine compliance with the terms of the solicitation. The Government may reject as unacceptable submissions that do not conform to the solicitation.

Technical Acceptability. Technical acceptability will include a review of the information requested above at the beginning of these Instructions.

Price Evaluation. The initial price will be analyzed in comparison to prices recently paid.

Responsibility Determination. Responsibility will be determined by analyzing whether the proposed BPA hold-er complies with the requirements of FAR 9.1, including having:

• adequate financial resources or the ability to obtain them;

• ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

• satisfactory record of integrity and business ethics;

• necessary organization, experience, and skills or the ability to obtain them;

• necessary equipment and facilities or the ability to obtain them; and

• otherwise qualified and eligible to receive an award under applicable laws and regulations.

Section 4- Evaluation Factors

52.212-2 Evaluation - Commercial Items (OCT 2014)

(a) The Government intends to award a blanket purchase agreement resulting from this solicitation to the re-sponsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors in descending order of importance shall be used to evaluate quotations:

• Past Performance;

• Technical (including compliance with solicitation requirements); and

• Price

Section 5- Representations and Certifications

52.212-3 Offeror Representations and Certifications - Commercial Items (OCT 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual repres-entations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the an-nual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business con-cern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonper-formance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business opera-tions do not include business operations that the person (as that term is defined in Section 2 of the Sudan Ac-countability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veter-ans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with per-manent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern un-der the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economic-ally disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veter-ans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more wo-men; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database in-formation, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifica-tions—Commercial Items, have been entered or updated in the last 12 months, are current, accur-ate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this of-fer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represen-ted itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The of-feror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern.