RFQ_S-WHARC-17-Q-0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SWHARC17Q0005

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

DATE

04/10/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Robert A. Lindquist

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL lindquistra@state.gov

8. OFFER DUE DATE / LOCAL

TIME

05/12/2017 16:00:00

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: 334517

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

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

SCHEDULE

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 RPSOMCODE18a. PAYMENT WILL BE MADE BY

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

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 ____ 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)

Robert A. Lindquist 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SWHARC17Q0005

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

SWHARC17Q0005

001 X-Ray Integrated Portal System 1.00 EA Doc Ref No:

Delivery Date FOB:

See Schedule

002 Installation, to Include Protection and Civil Works, Shipping/Delivery, Assembly, and Testing

1.00 JB

Doc Ref No:

Delivery Date FOB:

See Schedule

003 Warranty, Maintenance and Support (First Year) 1.00 EA Doc Ref No:

Delivery Date FOB:

See Schedule

004 Warranty, Maintenance and Support (Second Year) 1.00 EA Doc Ref No:

Delivery Date FOB:

See Schedule

005 On-Site Training in Mexico 1.00 JB Doc Ref No:

Delivery Date FOB:

See Schedule

006 Travel 1.00 LT Doc Ref No:

Delivery Date FOB:

See Schedule

007 Value Added Tax 1.00 LT Doc Ref No:

Delivery Date FOB:

See Schedule

008 DBA Insurance (if required) 1.00 EA Doc Ref No:

Delivery Date FOB:

See Schedule

SWHARC17Q0005

Line Item Summary

Solicitation Number:

SWHARC17Q0005

Contract Number: Title: X-Ray Integrated Portal System Date of Solicitation:

04/10/2017

Line Item No. Description Quantity Unit Unit Price Total Cost

X-Ray Integrated Portal System

TABLE OF CONTENTS

Section 1 – The Schedule

Standard Form 1449 (SF-1449) cover sheet, “Solicitation/Contract/Order for Commercial

Items”.

Continuation To SF-1449, RFQ Number S-WHARC-17-Q-0005, Prices, Block 23 Continuation To SF-1449, RFQ Number S-WHARC-17-Q-0005, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 – Contract Clauses

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

Section 3 – Solicitation Provisions

Solicitation Provisions Addendum to Solicitation Provisions – FAR and DOSAR Provisions not Prescribed in Part

Section 4 – Evaluation Factors

Evaluation Factors

Section 5 – Representations and Certifications

Offeror Representations and Certifications Addendum to Offeror Representations and Certifications – FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER S-WHARC-17-Q-0005

PRICES, BLOCK 23

1. CONTRACT PRICE.

1.1.1. General.

The Contractor shall complete all work required under this contract for the following Firm Fixed Price. This price shall include all equipment, labor, materials, shipping/delivery charges, insurance, assembly, installation and testing, civil works, end user training, general and administrative expenses, overhead, and profit. If required, the Firm Fixed Price shall also include the cost of Defense Base Act insurance. Any costs not separately priced shall be considered to be included in the overhead and other indirect costs. The price will not be subject to adjustment after award.

1.1.2. Contract Price.

Unit Total

Line

Item Description Unit Qty. Price Price

001 X-Ray Integrated Portal System EA 1 $ $

Installation, to Include

Protection and Civil Works, Shipping/Delivery, Assembly, and Testing. JB 1 $ $

Warranty, Maintenance and

Support (First Year) EA 1 $ $

Warranty, Maintenance and

Support (Second Year) EA 1 $ $

005 On-Site Training in Mexico JB 1 $ $

006 Travel (see Note 1 below) LT 1 $ $

Value Added Tax (see Note 2 below) LT 1 $ $

008 DBA Insurance (if required) EA 1 $ $

TOTAL PRICE:

Note 1. Travel – The terms and conditions of the Federal Travel Regulations shall apply to all travel and travel-related matters under the contract. For authorized travel, the contractor will be reimbursed for (a) the cost of economy class (coach) air fare, (b) per diem at prevailing rates when travel is undertaken, and (c) other approved miscellaneous expenses associated with travel (e.g., rental car, taxis, etc.).

Note 2. Value Added Tax (VAT) – All purchases made in Mexico are subject to Value Added Tax (VAT). The current rate for VAT is 16%. The contractor will be required to pay VAT on any local purchases, and shall follow the instructions in Section 1, Item 17 (VAT Reclamation) so that the U.S. Embassy can reclaim any

VAT if paid to the Mexican government.

CONTINUATION TO SF-1449, RFQ NUMBER S-WHARC-17-Q-0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

2. BACKGROUND.

Mexico's growing crisis with illicit drugs, weapons trade, human smuggling and overall transnational crime has led to a rapid growth in the violence associated with these activities. To better assist the Government of Mexico (GoM) in its efforts to cope with the growing crisis and violence, a need has been identified to expand the Non-Intrusive Inspection (NII) capabilities of Mexico. This will be accomplished by providing the GoM with an X-Ray Integrated Portal System. The expanded capabilities will lead to better security at Mexico's borders and points of entry/exit, and will facilitate the efforts of Mexican law enforcement to conduct tactical and surprise operations at check points to target narcotics, illegal weapons, precursors, bulk cash, illegal aliens, and other contraband. Additionally, by revealing weapons, special nuclear material (SNM), and other contraband, the system will greatly reduce the need for costly manual inspections. This will minimize discomfort to the general public and disruption to legal trade.

The system provided is to be donated to the GoM by INL as part of the Merida Initiative.

3. DEFINITIONS.

CO: Contracting Officer.

COR: Contracting Officer’s Representative.

GoM: Government of Mexico.

INL: International Narcotics and Law Enforcement Affairs.

NIIE: Non-Intrusive Inspection Equipment.

SAT: Servicio de Administracion Tributaria (Mexican Customs).

SNM: Special Nuclear Material.

USG: United States Government.

4. TYPE OF CONTRACT.

The Government will award a Firm Fixed-Price (FFP) contract for the X-Ray Integrated Portal System, to include installation, the associated civil works, and end-user training. Travel costs will be included as a reimbursable line item, as will Defense Base Act (DBA) insurance if required.

5. PERIOD OF PERFORMANCE.

Upon receipt of a contract, the contractor shall begin planning for assembly of the X-Ray Integrated Portal System as well as preparation of civil works. Assembly of the system will take place once the system has been delivered to the site. The assembly, civil works, installation and protection work shall be completed within one hundred fifty (150) calendar days after receipt of award.

6. REQUIREMENT.

INL-Interdiction in Mexico City has a requirement to procure and install one (1) X-Ray Integrated Portal System for the GoM, more particularly for the “Servicio de Administracion Tributaria (SAT),” in order to efficiently and effectively inspect cargo. As per the approved request from SAT and as part of its strategy to improve the conditions of control along the

Mexico Southern border, it requires the purchase, civil works and installation of the X-Ray Integrated Portal System at its proposed site in Comitan, Chiapas.

The contractor shall assemble, integrate, test, and deliver the system, provide technical support, warranty, training, transportation, documentation and all miscellaneous requirements necessary to accomplish the efforts as described herein.

The X-Ray Integrated Portal System to be installed shall be a powerful, practical solution for the inspection of vehicles and cargo in high-volume operations. The system’s high-energy X-ray shall provide detailed images, and shall be able to distinguish light, organic material from dense, inorganic material. Its database component shall integrate and deliver images and data on demand. The system shall be capable of scanning more than one hundred twenty (120) vehicles per hour in the typical flow of checkpoint traffic. The system shall scan entire vehicles, bumper to bumper and roof to tires, including occupants. The required technical specifications for the system are provided in the section that follows.

7. TECHNCAL SPECIFICATIONS.

The X-Ray Integrated Portal System shall meet the following minimum specifications:

Minimum Penetration of 230 mm (through steel).

Capable of scanning more than one hundred twenty (120) vehicles per hour as they pass through the check point.

Capable of scanning at 5 km/hr.

Operating temperature from -40° C to +40° C.

Operating Source – X-Ray Generator.

High imaging capability with material discrimination option, and shall be able to distinguish light, organic material from dense, inorganic material.

Low radiation dose: below 5 uSv/h (0.5mR/h permitted by the Federal Standard).

Drive-through operation.

Fast data integration and display option to quickly integrate the scanning images and data for each cargo vehicle.

Minimum storage capacity of 1TB, and shall allow image extraction.

NOTE: All Equipment shall be new. Used or refurbished equipment will not be acceptable.

8. SITE SURVEY (POST-AWARD).

(a) After award, the contractor shall conduct a site survey in Comitan in order to prepare the drawings and technical specifications required to install and protect the X-Ray Integrated Portal System. The site survey shall be used to assess and confirm the current needs of the GoM.

(b) The site survey will provide the contractor with an opportunity to consult with the appropriate GoM technician(s) and personnel in Comitan, Chiapas, to determine system needs; i.e. voltage, amperage, base concrete slab, ground weight pressure; connectivity, type of protection needed, and other necessary information to complete the installation.

9. DELIVERY.

The contractor shall deliver the X-Ray Integrated Portal System to the following address:

Delivery Address:

Punto Tactico Comitan (CAIFT – Trinitaria) Carretera Federal 190, Comitan Ciudad Cuauhtemoc, km 185 Municipio de Trinitaria Chiapas, C.P. 30098

The contractor shall pay all costs of delivery to the above destination, and shall be responsible for unloading the system at the installation site and for complete assembly and testing.

The contractor shall comply with all applicable requirements/regulations by the United States Export Administration, ITAR and any other U.S. or Mexican licensing/governing authorities.

This shall include complying with all applicable International, U.S. and Mexican Health and Safety Regulations and permits pertaining the use and transportation of radiation produced source/equipment, specifically X-Ray, to include the training of personnel on the use of X-Ray equipment.

Any required shipping declarations and documentation shall be provided prior to shipment/delivery, including but not limited to: Department of Commerce Form 7525-V. Even though the installed unit will be donated to the GoM, the aforementioned form(s) shall be submitted in advance, declaring the value of goods/product entering the country. All shipping documents, export declaration forms, and other delivery information shall be submitted in advance to Cristobal Lemus at the U.S. Embassy in Mexico City. His e-mail address is LemusC@state.gov and phone number is (5255) 5080-2990 Ext. 5811.

10. PLACE OF PERFORMANCE IN MEXICO.

The place of performance shall be as follows:

Qty. Equipment Installation

X-Ray Integrated Portal System

Aduana de Ciudad Hidalgo Punto Tactico Comitan, Chiapas

Carretera Federal 190, Ciudad Cuauhtemoc, KM 185 C.P. 30098 (CAIFT – Trinitaria)

1. The contractor shall be responsible for delivery of the equipment to Comitan Chiapas.

2. The installation and the required work to protect and install the equipment shall be performed in Comitan, Chiapas.

3. Training shall be provided in Comitan, Chiapas. The appointed Contracting Officer’s

Representative (COR) will coordinate with the contractor on the training dates.

11. TRAINING.

The contractor shall provide on-site training for ten (10) operators in Comitan, Chiapas on the proper operation of the equipment including image/scanning interpretation. This training shall be provided over a 5 day period, and shall be provided in Spanish. The training shall consist of procedures for setup, image viewer software, operating, and maintaining. Training documentation shall include, but is not limited to: training program, student manual, training material, "hands on" exercises, a training report and student certificates.

12. WARRANTY, MAINTENANCE, AND SUPPORT.

The contractor shall provide on-site warranty for two (2) years after equipment installation in Mexico. Warranty shall include parts, labor, consumables, travel, shipping and transportation required to maintain operational availability and designed performance. Warranty shall include technical support and a replacement provision, should the unit be found to exhibit persistent systemic failures. All warranty services shall be provided in Spanish in Mexico.

During the warranty and maintenance period, the Contractor shall maintain a log of all warranty and maintenance actions. The log shall include the description of operational activities prior to a failure with a description of the failure, shut down causes, corrective actions taken, serial number(s) of the item(s) repaired, and hour meter reading. The report shall be provided to the COR once every ninety (90) calendar days.

The contractor shall provide a two (2) year warranty as follows:

1st Year Warranty shall include X-ray system as well as replacement parts, service and repairs, freight costs, labor, travel expenses, quarterly scheduled preventive maintenance and corrective repair visits for a period of one year from the date the system has been delivered and accepted by the USG.

2nd Year Warranty shall include X-ray system as well as replacement parts, service and repairs, freight costs, labor, travel expenses, corrective repairs and quarterly scheduled preventive maintenance visits for a period of one year from the end date of the 1st Year

Warranty.

The contractor is required to replace any defective items at no additional cost to the

Government.

13. TECHNICAL MANUALS.

a) System User's Manual.

A System User’s Manual is required for the unit provided under this contract. The System User’s Manual shall contain a description of the device and its operation. System limitations, safety information, and other important information shall be highlighted. The System User’s Manual shall contain a detailed explanation of every task required during the operation of the system.

Any operator-level maintenance tasks shall be fully explained in the System User’s Manual. This manual shall be provided in Spanish.

Contractor shall provide the following:

Hard Copies Required: 2

Electronic Copies Required: 1

b) Maintenance Manual.

Corrective and Preventive Maintenance actions and procedures shall be documented in a Maintenance Manual. Identification of model number and/or revision number shall be clearly explained in the Maintenance Manual. The Maintenance Manual shall contain a description of the device and its operation. System limitations, safety information, and other important information shall be highlighted. This manual shall be provided in Spanish.

Contractor shall provide the following:

Hard Copies Required: 1

Electronic Copies Required: 1

14. DELIVERABLES.

The Government will have up to ten (10) business days, unless specifically denoted below or extended by notification, to review each deliverable product and provide oral and written comments. The Contractor shall review and incorporate comments or implement directed changes, after discussion or clarification with the designated Contracting Officer’s Representative (COR), and, if necessary, submit a final version of the deliverable product no later than ten (10) business days thereafter.

All documentation developed or provided by the contractor shall become the property of the U.S.

Government. All written deliverables shall be provided in formal printed documents, as well as in electronic format.

All deliverables shall include a cover page incorporating at minimum the following information:

Deliverable name.

Contract number.

Project title.

Date of submission.

The following items shall be provided as deliverables under this contract:

Item Description Delivery Time Deliver to

Site Survey, Technical

Specifications & Drawings No later than 20 calendar days after contract award

CO/COR

Civil Works 15 calendar days after site survey CO/COR

Installation No later than 30 calendar days after civil works are completed

Warranty Upon installation CO/COR System User’s Manual Upon Installation CO/COR Maintenance Manual Upon Installation CO/COR

Training Within 14 calendar days following installation

15. 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 its own volition or at the request of an individual other than a duly appointed Contracting

Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

16. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS.

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the

Contractor liable for liquidated or other damages due to the USG under the terms of this contract.

For the purpose of this clause, a written commitment by the Contractor is limited to the offer submitted by the Contractor, and to specific written modifications to the offer. 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 accompanying 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 offer.

17. VAT RECLAMATION.

(a) The contractor shall follow the invoicing procedures established by INL to allow the U.S.

Embassy in 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 invoices.

Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the

Contractor is required to obtain a VAT Registration Identification Number from the

Secretaria de Hacienda y Credito Publico (aka Hacienda). The contractor shall provide the necessary invoicing to enable the USG to obtain reimbursement for VAT. This tax relief benefit is extended only to the USG – not the Contractor – as a diplomatic privilege. The current tax-relief invoicing requirements are outlined in the paragraphs below.

Notwithstanding 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 requirements by the Contracting Officer.

(b) The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the USG for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the Contractor delivers to the USG must be an original. The failure of the Contractor to follow these procedures will result in the USG’s inability 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 shall list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the Contractor shall impose the appropriate tax rate against the pretax total of the purchases represented on the tax-relief invoice. The Contractor shall submit the invoices 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 reimbursement:

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 company 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 imported merchandise.

Invoice must say “FACTURA.” All invoices (“FACTURAS”) must be presented to the

Embassy/COR as an original. If the invoice is not complete, the final amount to be reimbursed will be reduced by Hacienda.

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

(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 submission to Hacienda on a monthly basis.

18. TRAVEL COORDINATION.

The contractor, and all its subcontractors, shall comply with all U.S. Department of State and

Regional Security Office travel advisories for Mexico. The contractor shall coordinate all travel under this contract with the COR/GTM.

19. OBSERVANCE OF LEGAL HOLIDAYS.

The Department of State observes the following days* as holidays:

New Year's Day Martin Luther King's Birthday Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Any other holiday observed by the Government of Mexico.

*Any other day designated by Federal law, Executive Order or Presidential Proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

20. DAMAGE TO PERSONS OR PROPERTY.

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor'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.

21. 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, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Unless otherwise directed by the

Contracting Officer, the Contractor shall comply with the more stringent 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

Contracting 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, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

(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 maintain proper documentation and evidence of compliance with this clause. The Contractor shall submit such information to the

Contracting Officer upon request.

22. QUALITY ASSURANCE.

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

22.1.1. An inspection system covering all services required by the contract. It shall specify the services to be inspected on both a scheduled or unscheduled basis, how often inspections will be accomplished, and the tasks of the individuals who will perform the inspections.

22.1.2. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

22.1.3. A method of documenting and enforcing quality control operations.

22.1.4. A customer complaint program. The program shall include:

22.1.4.1. A way for customers to report complaints, deficiencies, and noncompliance with the terms and conditions of the contract. The medium chosen by the Contractor shall be easily assessed. Adequate publicity shall be given so that customers may readily contact the Contractor.

22.1.4.2. A description of the manner in which the Contractor shall promptly investigate any customer complaint and respond to the customer. The Contractor shall forward a monthly synopsis of complaints received and actions taken to the COR not later than five (5) days after the end of each month.

22.2. Quality Control Records. Records of all inspections conducted by the Contractor and necessary corrective actions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the USG throughout the term of this contract.

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

Performance

Objective

Standard and Acceptable

Quality Level (Maximum allowable deviation)

Incentive/

Disincentive

Calculation

Performs all services set forth in

Contract

Sections 2 through 24.

All required work is properly performed and no more than one (1) customer complaint is received per month.

Negative Incentive:

Low rating in

CPARS; appropriate action under the inspection and termination clauses of the contract.

Performance: number of valid written complaints during the month.

Deliverables and reports are high quality, complete, and timely.

Deliverables and reports are written clearly and concisely, comply with all contract requirements, and are professionally sound.

Deliverables and reports are timely distributed to all parties identified in the contract.

Spelling and grammar checks are accomplished on all deliverables.

No deliverables or reports are submitted late or not in accordance with contract requirements.

Negative Incentive:

Low rating in

CPARS; appropriate action under the inspection or termination clauses of the contract.

Number of deliverables or reports that are either untimely or not in accordance with contract requirements.

22.4. Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contracting Officer for transmittal to the Contractor for corrective action.

22.5. Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the applicable inspection clause, if any of the services exceed the standard.

22.6. Procedures.

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

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

22.6.3. If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for its file.

22.6.4. If the COR determines the complaint is valid, the COR will inform the Contracting

Officer who will contact the Contractor and provide the Contractor additional time to correct the defect (if additional time is available). The Contracting Officer shall determine how much time is reasonable.

22.6.5. The Contracting Officer will, at minimum, notify the Contractor by e-mail of any valid complaints.

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

22.6.7. The Contracting Officer will consider complaints as resolved unless notified otherwise by the complainant.

22.6.8. Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

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

23. INCORPORATION OF CONTRACTOR’S OFFER.

The Contractor shall perform this contract in accordance with its offer and any revisions thereto submitted in response to Solicitation No. S-WHARC-17-Q-0005. Any conflict between the contractor’s offer and the contract (to include any attachments) shall be resolved by giving precedence to the contract.

24. DEFENSE BASE ACT INSURANCE.

The Defense Base Act provides workers' compensation protection to employees working outside the United States on certain classes of contracts. The Contracting Officer has determined that this contract is one to which the Defense Base Act applies.

Generally, Defense Base Act (DBA) coverage is required for all personnel working on the contract overseas, to include American citizens, Individuals hired in the United States or its possessions, regardless of citizenship, Host Country Nationals (HCNs) and Third Country

Nationals (TCNs), unless a country/territory specific waiver has been granted by the Secretary of

Labor.

In this case, the Department of Labor (DoL) has issued a waiver specific to Mexico under

Section 1651(e) of the Defense Base Act (Waiver Number 2017-04). Under the waiver, DBA coverage is waived for HCNs or TCNs, as it has been determined by the Contracting Officer that

Worker’s Compensation Laws exist in Mexico that will cover HCNs and TCNs.

The waiver does not apply to any employees that are:

Hired in the United States by any contractor or subcontractor, Residents of the United States, or

Citizens of the United States.

DBA coverage is required for any of the above three categories of employees that will be working on the contract overseas.

For any employees for whom the applicability of the Defense Base Act has been waived, the employer is responsible for providing for those employees the same protection as that provided by the War Hazards Compensation Act (42 U.S.C. 1701, et seq) except that the level of such benefits shall conform to any law or international agreement controlling the benefits to which those employees may be entitled.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY

2015), IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27B).

ADDENDUM TO 52.212-4

None

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (JAN 2017).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, 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 Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637

(d)(4)).

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

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

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, 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)).

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

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sep 2016) (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 (Feb 2016) (38 U.S.C. 4212).

(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).

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

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222- 59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (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.

(41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s

13423 and 13514).

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

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

(43) (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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(49) (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.

(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

(62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, 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 Maintenance, 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to…