SWHARC16R0004_-_22_Feb_2016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SWHARC16R0004

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

DATE

02/22/2016

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

03/15/2016 09:00:00

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: 100.00 % FOR

SMALL BUSINESS

X 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

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

Non-STATE Facility 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

02/22/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SWHARC16R0004

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

(AUG 1999)

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)

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

(FEB 2015)

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

3 Solicitation Provisions 52.211-6 Brand Name or Equal (Aug 1999) 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) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

1. TAILORING OF FAR 52.212-1

2. ADDENDA TO FAR 52.212-1

4 Evaluation Factors

EVALUATION COMMERCIAL ITEMS

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.51

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

K-002 CERTIFICATION

001 SETEC IT and Communications Infrastructure Project 1.00 LT

The contractor shall procure, deliver, install, integrate, and test all required hardware, software, and miscellaneous items. The contractor shall provide training, warranty, project management services, and all other requirements necessary to complete this project.

All work shall be accomplished in accordance with attached terms and conditions and Appendix A.

Partial invoices: The contractor may invoice for each site upon successful completion and COR acceptance of the site.

A price breakout is included in Appendix B.

Doc Ref No:

Delivery Date

FOB:

Destination

002 Reimbursable Mexican Value Added Tax (VAT) -- Refer to solicitation section 1.14, VAT Reclamation.

1.00 LT

Mexican VAT will only be reimbursed under this contract to the extent its application is required based on local law and the Contractor provides all required documentation for the US Embassy to recoup VAT payments.

Doc Ref No:

Delivery

Date

FOB:

SWHARC16R0004

Line Item Summary

Solicitation Number:

SWHARC16R0004

Contract Number: Title: SETEC IT Infrastructure Project

- INL Mexico

Date of Solicitation:

02/22/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

1.1 TYPE OF CONTRACT

Line Item No. 001 - Firm Fixed Price (FFP).

Line Item No. 002 - Reimbursable Mexican Value Added Tax - Refer to solicitation section 1.14 -- VAT Re-clamation.

Except for CLIN 002, this is a firm, fixed- price 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 estimate or accurately predict the cost or difficulty of achieving the results required. The Govern-ment will not adjust the contract price due to fluctuations in currency exchange rates.

BASIS OF CONTRACT PRICE

The contract price is based on the use of the materials, products and equipment specified in the contract, except for "Or-Equal" items proposed by the Contractor which have been specifically approved by the Government at the time of contract award.

The Contractor must receive approval in writing from the Contracting Officer before substitutions proposed by the Contractor after execution of the contract may be used in the project. Sufficient information to permit eval-uation by the Government must accompany any substitution request including but not limited to the reasons for the proposed 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 per-mit adequate 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 adjustment in the contract price or completion date.

(end of clause)

1.2 REQUIRED SUPPLIES AND SERVICES

Refer to Appendix A dated February 16, 2016.

1.3 PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

(end of clause)

1.4 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. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the sup-plies are found to be defective.

(end of clause)

1.5 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 (end of clause)

1.6 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 of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) 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, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der 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.

(end of clause)

1.7 EXPORT RESTRICTIONS

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the Internation-al Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regula-tions (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 obtain-ing the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and soft-ware, 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 contract, including instances where the work is to be performed in Mex-ico where the foreign person will have access to export-controlled technical data or software.

(d) The Contractor shall be responsible for all regulatory record keeping 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.

(d) 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.

1.8 INL SOURCE-NATIONALITY RESTRICTIONS

(a) The source and nationality restrictions found in 22 CFR 228, as adopted by INL, apply to this purchase or-der. 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 nationality, the estimated dollar value, and provide documentation necessary to obtain a waiver under sub-part 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 relief the contractor of its con-tractual responsibilities and shall not form the basis for any claim or contract adjustment.

1.9 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.

(end of clause)

1.10 STANDARDS OF CONDUCT

The U.S. Embassy in Mexico City reserves the right to undertake a vetting process for contractor employees to ensure their suitability in light of the law enforcement aspects of the work on behalf of the Government of Mexico before beginning work under this contract. The Contractor shall maintain satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking such disciplin-ary action with respect to employees as required. 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 direct the Contractor to remove an employee from the contract 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.

1.11 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 shall make a full disclosure in writing to the Contracting Officer. This disclosure shall include 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 Contracting Officer, the Government may terminate the purchase order for cause.

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

1.12 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

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

or. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable for liquidated or other damages due to the Government under the terms of this contract. For the purpose of this clause, a writ-ten commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific writ-ten modifications to the proposal. Written commitments by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to hardware or software performance;

total systems performance; and other physical, design, or functional characteristics 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 accom-panying or referred to in a proposal; and (3) any modification of or affirmation 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 amendment to the proposal.

1.13 END-OF-LIFE / END-OF SALE RESTRICTIONS FOR EQUIPMENT, HARDWARE, AND SOFTWARE

(a) Equipment, hardware, and software for which an end-of-life, end-of-sale, or similar announcement has been made as of the date of proposal submission shall be considered by the Government to be nonconforming.

Equipment, hardware, and software for which the contractor, or any of its subcontractors, had knowledge that an end-of- life, end-of-sale, or similar announcement would be made within one year of contract award are con-sidered to be nonconforming. The contractor shall promptly, and at no additional cost to the Government, re-place all nonconforming equipment, hardware, and software.

(b) The remedies in this clause are in addition to all other remedies available to the Government under this con-tract and under law.

1.14 VAT RECLAMATION

(a) The contractor shall follow the invoicing procedures established by INL to allow the US Embassy Mexico to reclaim the IVA/VAT taxes charged. All purchases made in Mexico are subject to Value Added Tax (VAT) and must be paid by the Contractor. VAT or “IVA” as it is known in Mexico must be itemized in all in-voices.

Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the Contractor is required to ob-tain a VAT Registration Identification Number from the Secretaria de Hacienda y Credito Publico (aka Hacienda). The contractor will provide the necessary invoicing to enable the USG to obtain reimbursement for VAT. This tax relief benefit is extended only to the U.S. Government – not the Contractor – a as a diplomat-ic privilege. The current tax-relief invoicing requirements are outlined in the paragraphs below. Notwithstand-ing any other provisions of this contract, in the event the Government of Mexico revises the requirements, the Contractor shall follow the new requirements as soon as the Contractor is notified in writing of the new require-ments by the Contracting Officer.

(b) The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presen-ted to the U.S. Government for payments associated with the in-country purchases of goods, materials or ser-vices required to perform this contract. Every invoice the Contractor delivers to the U.S. Government must be an original. The failure of the Contractor to follow these procedures will result in the U.S. Government’s in-ability to secure tax relief on this project, resulting in reimbursement being denied to the contractor. Invoices for the in-country purchases described above must not include other charges, such as “work completed” or design costs. Such invoices will list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the Contractor will impose the appropriate tax rate against the pretax total of the purchases represented on the tax-relief invoice. The Contractor will submit the in-voices associated with such purchases as supporting documentation for its in-country payment request. The USG will only compensate the Contractor for the tax amount provided on such invoices. Excluded from reim-bursement: VAT on items such as contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

(c) The contractor’s tax-relief invoices shall provide the following:

• Contractor’s name and address.

• Contractor’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal Identification).

• Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice.

• Invoice number and complete transaction date (month, day, and year). Also, needed is the date and place of issue (lugar y fecha de expedicion). The two dates must be the same.

• Required Legal wording dealing with the illegal reproduction of the document. The printing com-pany information must Annex the date of printing and official authorization number.

• Customer name - “U.S. Embassy Mexico City”

• Embassy current address:

• Embajada de los Estados Unidos

• Avenida Paseo de la Reforma No 305

• Colonia Cuauhtémoc

• 06500 Mexico, D. F.

• U.S. Embassy R.F.C. Number: EEU930201289

• Quantity and description of acquired services or merchandise.

• All pricing/totals must be listed in both Mexican Pesos and U.S. Dollars.

• (If applicable) The number and date of customs import documents associated with all sales of im-ported merchandise.

• Invoice must say “FACTURA.” All invoices (“FACTURAS”) must be presented to the Embassy/ COR as an original. If the invoice in not complete, the final amount to be reimbursed will be re-duced by Hacienda.

(d) The tax-relief invoice must be written in English and Spanish versions and all pricing must be in both Mex-ican Pesos and US Dollars solely for the purpose of tax relief. This contract is priced and paid only in U.S. dol-lars.

(e) The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA documentation must be submitted to the COR for approval and submis-sion to Hacienda on a monthly basis.

(f) All electronic invoices should be submitted to MexFMCInvoices@state.gov and a copy to the CO and INL

COR.

1.15 TRAVEL COORDINATION

The contractor, and all its subcontractors, shall comply with all US Department of State and Regional Security Office travel advisories for Mexico. The contractor shall coordinate all travel under this contract with the COR/ GTM and SETEC at the federal and state level.

1.16 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.

1.18 LAWS AND REGULATIONS

(a) Compliance Required. The Contractor shall, without additional expense to the Government, be respons-ible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdic-tion. 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 con-flict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Con-tracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contract-ing 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 subcontract-ors and others performing work on or for the project have obtained all requisite licenses and permits.

(d) Evidence of Compliance. The Contractor shall maintain proper documentation and evidence of compliance with this clause. The Contractor shall submit such information to the Contracting Officer upon request.

1.19 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.

1.20 INCORPORATION OF CONTRACTOR'S PROPOSAL

The Contractor shall perform this contract in accordance with its proposal and any revisions thereto submitted in response to Solicitation No. SWHARC16R0004. Any conflict between the contractor’s proposal and the contract (to include any attachments) shall be resolved by giving precedence to the contract.

1.21 LIST OF ATTACHMENTS

No. Name Description Date Pages 1 Appendix A Performance Work

Statement 16 Feb 2016 16

2 Appendix A.1 Model Courthouse 12 Feb 2016 22 3 Appendix A.2 SETEC High Level

Network Diagram 12 Feb 2016 2

4 Appendix A.3 List of Equipment 16 Feb 2016 7 5 Appendix B Price Schedule 16 Feb 2016 Excel Workbook, 1

Tab 6 Appendix C Past Performance

Questionnaire 16 Feb 2016 7

7 Appendix C.1 Sample Client Au-thorization Letter

16 Feb 2016 1

8 Appendix C.2 Sample Subcontractor Consent

16 Feb 2016 1

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)

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

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).

X (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].

X (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.

X (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 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)).

(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.

(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.

(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).

X (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 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 (Oct 2015) (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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

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

(ix) 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.

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

(xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

(xvi) 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).

(xvii) 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.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this / these address(es):

FAR and DOSAR http://www.acquisition.gov/

[Insert one or more Internet addresses]

(End of clause)

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

(a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” in-cludes the following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions, regardless of citizenship; and

(3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers compensation laws.

(b) The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor

(DOL) approved insurance provider. Approved providers can be found at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

(c)(1) Section 16 of the State Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department.

The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an in-termittent or short-term basis.

(2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the follow-ing information:

(i) Contract number;

(ii) Name of Contractor;

(iii) Brief description of the services to be provided under the contract and country of performance;

(iv) Name and position title of individual(s);

(v) Nationality of individual(s) (must be U.S. citizen or U.S. resident);

(vi) Dates (or timeframe) of performance at the overseas location; and,

(vii) Evidence of alternative worker’s compensation coverage for these employees (e.g., evidence that the State worker’s compensation program covers workers on short-term foreign assignments).

(3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file.

(End of clause)

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

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract will appointed immediately after award. The Government reserves the right to as-sign other designees as representatives (GTM or COR) at a later date.

(End of clause)

I-001 RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) FOR PERFORMANCE ON DEPARTMENT OF STATE

CONTRACTS

1. Where contracts exceeding $150,000 will require the recruitment of Third Country Nationals (TCNs), the of-feror is required to submit a Recruitment Plan as part of their proposal. Contractors providing employer fur-nished housing are required to submit a Housing Plan.

2. Recruitment Plans must:

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. State in the offer that the recruited employee will not be charged recruitment fees. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State contracts.

d. Recruitment fees include but are not limited to the following fees, charges, or costs:

i. for soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, or placing potential employees;

ii. for covering the cost, in whole or in part, of advertising;

iii. for certifying labor applications;

iv. for processing petitions;

v. for visas and any fee that facilitates an employee obtaining a visa such as appoint-ment and application fees;

vi. for government-mandated costs such as border crossing fees;

vii. for procuring photographs and identity documentation, including any nongovern-mental passport fees;

viii. fees charged as a condition of access to the job opportunity, including procuring medical examinations and immunizations and obtaining background, reference and se-curity clearance checks and examinations; and

ix. for an employer’s recruiters, agents or attorneys.

e. Any fee, charge, or cost may be a recruitment fee regardless of whether it is deducted from wages, paid back in wage or benefit concessions, paid back as a kickback, bribe or tribute, remitted in connection with recruit-ment, or collected by an employer or a third party, including but not limited to agents, recruiters, staffing firms (including private employment and placement firms), subsidiaries/affiliates of the employer and any agent or employee of such entities.

f. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, al-locable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

g. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

h. State in the offer that the contractor has read and understands the requirements of FAR…