SWHARC16Q0010.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SWHARC16Q0010

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

DATE

02/24/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Juan M. Fernandez

b. TELEPHONE NUMBER (No collect calls) 305-718-4291

c. EMAIL fernandezjm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

03/16/2016 15:00:00

CODE RPSOM

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

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: 541519

SIZE STANDARD: 150 Employees

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

MULTICODE15. DELIVER TO

SEE

SEE TEXT

line items Multi, XX 00000

CODE RPSOM16. ADMINISTERED BY

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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

See Line Item Detail

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

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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 __1__ 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)

Juan M. Fernandez 31c. DATE SIGNED

02/24/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SWHARC16Q0010

Table of Contents

Section Description Page Number

2 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.222-29 Notification of Visa Denial (Apr 2015) 52.227-14 Rights in Data - General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES

(FEB 2015)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2016) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

I-001 RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (December 4, 2014)

3 Solicitation Provisions 52.212-1 Instructions to Offerors--Commercial Items (Oct 2015) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

652.219-70 DEPARTMENT OF STATE SUBCONTRACTING GOALS (APR 2004)

1. TAILORING OF FAR 52.212-1

2. QUOTATION PREPARATION INSTRUCTIONS

3. SCHEDULED SITE VISIT

4 Evaluation Factors

M-001 EVALUATION OF QUOTATIONS

5 Representations and Certifications 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2015) 652.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Criminal Conviction under any Federal Law. (DEVIATION)(Sept 2014)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

652.228-70 DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (FEB 2015)

K-003 MAINTENANCE CERTIFICATION

K-005 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE.52

. Recruitment of Third Country Nationals and Provision of Employer Furnished Housing Certification

K-002 CERTIFICATION

001 ILEA San Salvador IT Improvements Project 1.00 JB

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date

FOB:

Destination

SWHARC16Q0010

Line Item Summary

Solicitation Number:

SWHARC16Q0010

Contract Number: Title: ILEA San Salvador - IT Improvements

Date of Solicitation:

02/24/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

SECTION 1 CONTINUATION TO SF-1449

1. TYPE OF CONTRACT

This is a firm-fixed- price (FFP) contract payable entirely in US dollars. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly es-timate or accurately predict the cost or difficulty of achieving the results required. The Government will not ad-just the contract price due to fluctuations in the cost of contract performance.

2. BASIS OF CONTRACT PRICE

The contract price is based on the use of the hardware and software specified in the contract. Any substitutions require advanced written approval from the Contracting Officer. Sufficient information to permit evaluation by the Government must accompany any substitution request including but not limited to the reasons for the pro-posed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute. The Contractor shall make requests for substitutions in a timely manner to permit ad-equate evaluation by the Government. If, in the Contracting Officer's opinion, the use of such substitute items is not in the best interests of the Government, the Contractor must obtain the items originally specified with no ad-justment in the contract price or completion date.

3. INVOICING AND PAYMENTS

Hardware, Software, and Related Services and Warranty: Partial payments are not authorized. Payment will be made in accordance with the Prompt Payment Act upon successful completion and Government acceptance of each subproject awarded under this contract.

1-Year Local Maintenance and Support: Payment will be made in arrears upon successful completion and Gov-ernment acceptance of required services. The Contractor may invoice on a monthly, quarterly or yearly basis for services that have already been rendered and accepted by the Government.

4. RPSO FLORIDA INVOICE INSTRUCTIONS

Invoices must be submitted to DOSPayments@state.gov and RushLE@state.gov. Other methods of submission are not acceptable. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at sym-bol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

(12) For reimbursable CLINS provide supporting documentation required per contract/order terms and condi-tions.

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date. Include proof of delivery and itemized packing list.

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov

Phone: 843-202-3881

5. NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

6. CONTRACT ADMINISTRATION DATA

All written communications regarding the administration of this contract shall make reference to the contract number.

Contracting Officer: Juan M. Fernandez Telephone Number: Information to be provided upon award.

Email: Information to be provided upon award.

Contracting Officer's Representative (COR): Information to be provided upon award.

7. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity at all times and shall be responsible for their employee’s performance and the quality of the employees’ services. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the U. S. Government. The U.S. Government reserves the right to dir-ect the Contractor to remove an employee from performance under this contract for failure to comply with said standards of conduct. The Contractor shall immediately replace such an employee at no additional cost to the Government.

8. SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including pho-tographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

Under no circumstance shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished under this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer (CO).

9. CONFIDENTIALITY OF INFORMATION

The Contractor agrees to keep confidentiality of all of the information received, including but not limited to:

equipment characteristics, passwords, blueprints, topology of the solution, software and hardware versions, se-curity parameters, configurations, and any other information whether oral or written that may compromise in any way the security of the institution or may be counter-productive for the institution in the hands of third parties.

The Contractor is prohibited from copying the configurations of the ILEA San Salvador equipment. Should it become necessary to make a copy, it will only be allowed for servicing or maintaining the configurations for fixes/patches that require the replacement of equipment. Whatever the case may be, the copy must be first au-thorized by the ILEA COR in writing. The copy must be returned to ILEA COR upon conclusion of the main-tenance or repair operations.

The requirements in the preceding paragraphs apply to all subcontractors and do not expire upon completion or termination of the contract. The Contractor is solely responsible to ensure selected subcontractors comply with the preceding paragraphs.

10. DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contract-or's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

11. CONTRACTOR PERSONNEL

(a) Language Proficiency The Project Manager assigned by the Contractor shall be fluent in written and spoken English.

(b) Removal of Personnel The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site and for the preservation of peace and protection of persons and property in the neighborhood of the project against the same. The Contract-ing Officer may require, in writing, that the Contractor remove from the work any employee that the Contract-ing Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employ-ment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

(c) Personnel Security After award of the contract, the Contractor has ten (10) calendar days to submit to the Contracting Officer Representative a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take approximately fifteen

(15) calendar days to perform.

For each individual the list shall include:

Full Name:

Place and Date of Birth:

Current Address:

Identification Number:

Failure to provide any of the above information may be considered grounds for rejections and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants, the in-dividuals approved will be granted access to the site. Access to the site may be revoked at any time due to the falsification of data, or misconduct on site.

(d) Standards of Conduct

(i) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct.

The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

(ii) Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or fail-ures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

(iii) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities which interfere with nor-mal and efficient Government operations.

(iv) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, con-sume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

(v) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain cir-cumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandal-ism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; or-ganizing or participating in gambling in any form; and misuse of weapons.

12. APPROVAL OF SUBCONTRACTORS

(a) Review and approval. The Government reserves the right to review proposed subcontractors for a period of five (5) calendar days before providing notice of approval or rejection of any or all subcontractors.

(b) Rejection of subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace, at no additional cost to the Government, any subcontractor rejected by the Government under this clause.

13. LAWS AND REGULATIONS

(a) Compliance Required. The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, in-cluding those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

Host country authorities may not enter the work site without the permission of the Contracting Officer Repres-entative. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more strin-gent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contract-ing Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

(b) Labor, Health and Safety Laws and Customs. The Contractor shall comply with all local labor laws, regula-tions, 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.

(c) Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

(d) Evidence of Compliance. The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

14. REQUIRED INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the in-surance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insur-ance policies required not less than thirty (30) days before such change, expiration or cancellation is effective.

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period the fol-lowing insurance amounts:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

1. Bodily Injury, On or Off the Site, in US Dollars Per Occurrence $200,000 Cumulative $500,000

2. Property Damage, On or Off the Site, in US Dollars Per Occurrence $200,000 Cumulative $500,000

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

The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any oth-er types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

(b) The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

(c) If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance identified in this clause. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

15. VALUE ADDED TAX (VAT)

The Government will not reimburse the Contractor for VAT (13%) under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host govern-ment. Upon award, ILEA San Salvador will provide pertinent tax exemption documentation for the US Em-bassy.

The contractor shall follow the following instructions when local firms will be utilized as subcontractors. For VAT to be exempted, the local firm must provide an invoice stating that the US Embassy San Salvador is the fi-nal customer and identifying the name of the prime contractor in parenthesis. The customer on the invoice must be identified as follows: US Embassy San Salvador (Company ABC). Failure to follow these instructions will prevent the use of the US Embassy Tax Exemption Certificate. The contract price will not be adjusted for taxes imposed as a result of the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Of-ficer.

16. SHIPMENT AND CUSTOMS CLEARANCE

Note: It may take up to four (4) weeks for the US Embassy to clear customs through official channels. The Contractor shall plan accordingly.

(a) The Contractor is responsible for paying all charges, whatsoever, except customs duties as provided herein, incurred in obtaining materials that must be imported for the project and in transporting the materials form their place or origin to the site. Moving costs shall include, but not necessarily be limited to packing, handling, cart-age, overland freight, ocean freight, transshipment, port, unloading, customs, clearance and duties (other than customs duties as provided herein), unpacking, storage, and all other charges including administrative costs in connection with obtaining and transporting the materials from their source to the project site.

(b) Duty-Free Clearance. The Contractor shall follow the instructions of the Contracting Officer as to the man-ner of labeling the shipping containers or otherwise processing shipments of imported materials in order to ob-tain or continue to receive, duty free clearance through customs. The Contractor shall be responsible for the payment of customs duties, if any, which (1) are imposed on items which are not labeled and processed in ac-cordance with the Contracting Officer’s instructions, (2) are imposed on the Contractor’s tools, equipment and machinery imported for use on the project, or (3) are otherwise ineligible for duty-free entry.

(c) Customs Clearance. The Government will be responsible for obtaining customs clearances, and for obtaining exemption certificates or paying customs duties not waived, for imported products, materials and equipment which are labeled and processed in accordance with the Contracting Officer’s instructions. The government shall not be responsible for obtaining customs clearance for the Contractor’s tools, construction equipment or machinery, nor for obtaining visas, entry or work permits for the Contractor’s personnel.

(d) Marking and Other Instructions.

For air freight and sea freight, the consignee address is:

AMERICAN EMBASSY

ILEA

BLVD AND URBANIZACION SANTA ELENA

ANTIGUO CUSCATLAN, LA LIBERTAD

EL SALVADOR, CENTRO AMERICA

The Contractor shall provide the following documentation:

• Advanced copy of air waybill (AWB) or Ocean Bill of Lading (OBL)

• Copy of commercial invoice stating detailed description of each item, unit price, and total FOB price

• Copy of packing list

Contractor shall provide copies, via email, of above mentioned documents before the shipment arrives to El Sal-vador. Such copies will be used to expedite the duty free request (import tax exemption payment). This process usually takes 2 weeks to be authorized by the Ministry of Foreign Affairs (MFA) and Customs authorities. Duty free entry may be requested with the advanced copies (air waybill or bill of lading and commercial invoices), but original Bills of Lading are required to complete the customs clearance process.

The Contractor shall provide original OBLs to the US Embassy. The original bill of lading must clearly show fi-nal destination (Antiguo Cuscatlan, La Libertad) and also the sea freight cost.

17. CHARACTERISTICS OF ELECTRIC CURRENT

Contractors supplying equipment which uses electrical current are required to supply equipment suitable for the electrical system at the location at which the equipment is to be used as specified on the contract.

18. EXPORT RESTRICTIONS

(a) The Contractor shall comply with all U.S. export control laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Adminis-tration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract.

(b) In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(c) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign per-sons in the performance of this order, including instances where the work is to be performed in the US where the foreign person will have access to export-controlled technical data or software.

(d) The Contractor shall be responsible for all regulatory recordkeeping requirements associated with the use of licenses and license exemptions/exceptions.

(e) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

(f) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applic-able Federal laws, Executive orders, and regulations.

19. INL SOURCE-NATIONALITY RESTRICTIONS

(a) The source and nationality restrictions found in 22 CFR 228, as adopted by INL, apply to this RFQ. The contractor shall promptly notify the Contracting Officer and COR of any instance in which a waiver is required.

The contractor shall identify the particular commodities or services needed, the country of source and national-ity, the estimated dollar value, and provide documentation necessary to obtain a waiver under subpart D of 22

CFR 228.

(b) For purposes of performance, the contractor shall assume that no source or nationality waiver will be provided. Failure of INL to provide a source or nationality waiver shall not discharge the contractor of its con-tractual responsibilities and shall not form the basis for any claim or request for contract adjustment.

20. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contract-

or. For the purpose of this clause, a written commitment by the Contractor is limited to the quotation submitted by the Contractor, and to specific written modifications to the quotation. Written commitments by the Contract-or are further defined as including (1) any warranty or representation made by the Contractor in a quotation as to hardware or software performance; total systems performance; and other physical, design, or functional char-acteristics of equipment, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the characteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a quotation; and (3) any modification of or affirma-tion or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal revision to the quotation.

21. WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies.

22. DATA DELIVERABLES / REPORTS

(a) The Government shall have up to ten (10) business days, unless a longer period is agreed to by the parties, to review each deliverable product and provide oral and written comments. The Contractor shall review and in-corporate comments or implement directed changes, after discussion or clarification with the designated con-tracting officer representative (COR), and, if necessary, submit a final version of the product no later than five

(5) business days thereafter.

(b) Unless otherwise specified, documentation and reports shall be delivered in electronic format. All docu-mentation and reports developed or provided by the contractor shall become the property of the U.S. Govern-ment. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way.

(c) All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract.

The Government will reject all deliverables containing markings contradicting said clauses.

(d) All deliverables shall include a cover page incorporating the following information:

• Name and business address of the Contractor;

• Contract number;

• Deliverable name and number;

• Project title;

• Date of submission; and

• Document version number.

(e) Deliverables longer than 5 pages shall include a table of contents. All Attachments shall include the attach-ment number, deliverable name and number, and contract number.

(f) Required deliverables and distribution are as follows: As required per each Appendix.

23. ORGANIZATIONAL CONFLICT OF INTEREST - GENERAL

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

24. PROJECT SITE AVAILABILITY

Access to ILEA facilities will be allowed under the following schedule.

Monday through Friday - 5:00 pm to 6:00 am Saturday and Sunday - 8:00 am to 06:00 am

All work must be coordinated in advance with the Contracting Officer Representative. Contractor employees must be escorted by ILEA personnel while working on site.

Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 48 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

25. USE OF PREMISES

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and con-duct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business.

(b) Access Limited. The Contractor, its subcontractors and their employees shall not have access to or be admit-ted into any building or portion of the site outside the areas designated in this contract except with the permis-sion of the Contracting Officer Representative. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer’s Representative

(COR).

(c) Requests From Occupants. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination.

26. INCORPORATION OF CONTRACTOR’S QUOTATION

The Contractor shall perform this contract in accordance with its quotation and any revisions thereto submitted in response to Solicitation No. SWHARC16Q0010. Any conflict between the contractor’s quotation and the purchase order (to include any attachments) shall be resolved by giving precedence to the purchase order.

27. LIST OF SOLICITATION ATTACHMENTS

No. Name Description Date Pages 1 Appendix A Statement of Work 2 Dec 2015 17

Subproject No. 1 – Videowall Systems

2 Appendix B Statement of Work Subproject No. 2 – Storage Solution

2 Dec 2015 13

3 Appendix C Statement of Work Subproject No. 3 – Virtual Servers

2 Dec 2015 13

4 Appendix D Price Schedule 22 Feb 2016 Excel workbook, 1 Tab

5 Drawings Various Various 10 dwg files

Section 2- Contract Clauses

Clause Title

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.222-29 Notification of Visa Denial (Apr 2015)

52.227-14 Rights in Data - General (May 2014)

52.227-19 Commercial Computer Software License (Dec 2007)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.243-1 Changes - Fixed-Price (Aug 1987)

52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES (FEB 2015)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2016)

(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 (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 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 (Oct 2015) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

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

(5) [Reserved].

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

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

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

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (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.

X (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.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) 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)).

X (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

657 f).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 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 (Dec 2015) (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 (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre-scribed in 22.1803.)

(35)(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.)

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

(ii) Alternate I (Oct 2015) of 52.223-13.

X (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

X (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

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

(42)(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.

X (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 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).

(45) 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).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Ap-

px. 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.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 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).

(5) 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).

(6) 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).

(7) 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).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this 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…