USAGM 951700-20-R-0015 Thailand Transmitting Station - Transportation Services.pdf

Transportation Services – USAGM Thailand Transmitting Station

Date: June 01, 2020

To: Prospective Offerors

Subject: Request for Proposals number 951700-20-R-0015

Enclosed is a Request for Proposals (RFP) for Transportation

Services – Thailand Transmitting Station, Thailand. If you would like to submit a proposal, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit your proposal via email to Contract Specialist, Rodney Nelson: rnelson@usagm.gov with a copy to Contracting Officer, Tisa Harvin: tharvin@usagm.gov.

The U.S. Government intends to award a firm-fixed-price (FFP) commercial contract to the responsible offeror submitting a proposal which has been determined to be the best value to the Government. USAGM intends to award a contract based on initial proposals without holding discussions, although USAGM reserves the right to conduct discussions with the offeror or offerors.

The timeline for this requirement may be subject to change due to Coronavirus

(COVID-19) restrictions that may be in effect on those dates.

Proposals are due by June 26, 2020, 12:00 Noon U.S. Eastern Daylight

Time.

Sincerely, Tisa Harvin, Contracting Officer

Office of Management Services/Contracts

U.S. Agency for Global Media (USAGM)

330 Independence Avenue, SW

Washington, D.C. 20237 tharvin@usagm.gov

Office Phone: (202) 382-7835 mailto:rnelson@usagm.gov mailto:tharvin@usagm.gov mailto:tharvin@usagm.gov

Document Number: 951700-20-R-0015 Page 1 of 66

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

T003-20-IQ-00002

5. SOLICITATION NUMBER

951700-20-R-0015

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

DATE

06/01/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME See Text

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

06/26/2020 12:00:00

CODE 951700

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

T/ETTCODE15. DELIVER TO

Thailand Transmitting Station American Embassy- Thailand 120 Wireless Road, Lumpini Pathumwan, Bangkok 10330 Thailand

CODE 95170016. ADMINISTERED BY

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

951700CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

2020-0206-TSI-T003-3040-2589-255200-2020

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

31c. DATE SIGNED 06/01/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Thailand Transmitting Station American Embassy- Thailand 120 Wireless Road, Lumpini Pathumwan, Bangkok 10330 Thailand

Document Number: 951700-20-R-0015 Page 2 of 66

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

Document Number: 951700-20-R-0015 Page 3 of 66

Table of Contents

Section Description Page Number

1 Continuation Sheet

Document Number: 951700-20-R-0015 Page 4 of 66

Section 1 - Continuation Sheet

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Capiltalized Goods >= 25k 1.000000 SV

Description: Transportation Services at the Thailand Transmitting Station.

Base Year: Period of Performance: 12 months TBD. Description of Services: Transportation Services Price/Month __________X 12 = __________ Equipment (Vehicle Leasing) Price/Month __________X 12 = __________ Fuel, Maintenance, Insurance Price/Month __________X 12 = __________ Base Year Total: __________________

Reference Line: T003-20-IQ-00002 - 1

2 Capiltalized Goods >= 25k 1.000000 SV

Description: Transportation Services at the Thailand Transmitting Station.

Option Year One: Period of Performance: 12 months TBD. Description of Services: Transportation Services Price/Month __________X 12 = __________ Equipment (Vehicle Leasing) Price/Month __________X 12 = __________ Fuel, Maintenance, Insurance Price/Month __________X 12 = __________ Option Year One Total: __________________

3 Capiltalized Goods >= 25k 1.000000 SV

Description: Transportation Services at the Thailand Transmitting Station.

Option Year Two: Period of Performance: 12 months TBD. Description of Services: Transportation Services Price/Month __________X 12 = __________ Equipment (Vehicle Leasing) Price/Month __________X 12 = __________ Fuel, Maintenance, Insurance Price/Month __________X 12 = __________ Option Year Two Total: __________________

4 Capiltalized Goods >= 25k 1.000000 SV

Description: Transportation Services at the Thailand Transmitting Station.

Option Year Three: Period of Performance: 12 months TBD. Description of Services: Transportation Services Price/Month __________X 12 = __________ Equipment (Vehicle Leasing) Price/Month __________X 12 = __________ Fuel, Maintenance, Insurance Price/Month __________X 12 = __________ Option Year Three Total: __________________

5 Capiltalized Goods >= 25k 1.000000 SV

Description: Transportation Services at the Thailand Transmitting Station.

Option Year Four: Period of Performance: 12 months TBD. Description of Services: Transportation Services Price/Month __________X 12 = __________ Equipment (Vehicle Leasing) Price/Month __________X 12 = __________ Fuel, Maintenance, Insurance Price/Month __________X 12 = __________ Option Year Four Total: __________________

USAGM Solicitation 951700-20-R-0015 Thailand Transmitting Station

Transportation Services

TABLE OF CONTENTS

COVER PAGE/LETTER

SF 1449 1

TABLE OF CONTENTS 5

SECTION 1 – SUPPLIES OR SERVICES AND PRICES/COSTS

1.0 GENERAL DESCRIPTION AND PRICE SCHEDULE 7

1.1 CONTRACT TYPE 7

1.2 VALUE ADDED TAX 7

1.3 OFFERS AND PAYMENTS IN U.S. DOLLARS 7

1.4 FOREIGN FIRMS 7

1.5 PERIOD OF PERFORMANCE 7

1.6 BASE AND OPTION PERIOD PRICING 8

1.7 DESCRIPTION/SPECIFICATION/STATEMENT OF WORK 10

1.7.1 STANDARD SERVICES

1.7.2 MANAGEMENT AND SUPERVISION 10

1.7.3 SCHEDULES 11

1.7.4 QUALITY CONTROL 11

1.7.5 DRIVER SERVICES 11

1.7.6 VEHICLES 12

1.7.7 PERSONNEL 14

1.7.8 CONTRACTOR FURNISHED PROPERTY 16

1.7.9 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT 16

1.7.10 INSURANCE 16

1.7.11 LAWS AND REGULATIONS 17

1.7.12 DELIVERABLES 18

1.7.13 PERMITS 18

1.7.14 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP) 18

SECTION 2 – CONTRACT CLAUSES

• CONTRACT CLAUSES 23

ADDENDUM TO CONTRACT CLAUSES – FAR CLAUSES NOT PRESCRIBED

IN FAR PART 12 29

SECTION 3 – SOLICITATION PROVISIONS (INSTRUCTIONS TO OFFERORS)

SOLICITATION PROVISIONS 32

ADDENDUM TO SOLICITATION PROVISIONS – FAR PROVISIONS NOT

PRESCRIBED IN FAR PART 12 33

ADDITIONAL INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS 35

Transportation Services

SECTION 4 – EVALUATION FACTORS

EVALUATION FACTORS 37

ADDENDUM TO EVALUATION FACTORS, FAR PROVISION(S) NOT

PRESCRIBED IN FAR PART 12 40

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

OFFER REPRESENTATIONS AND CERTIFICATIONS 41

SECTION 6 – LIST OF ATTACHMENTS 57

Transportation Services

SECTION 1 – SUPPLIES OR SERVICES AND PRICE/COSTS

1. GENERAL DESCRIPTION AND PRICE SCHEDULE

The Contractor shall provide transportation services at the Thailand Transmitting Station (TTS), including furnishing all labor, materials, vehicles and services, for the U.S. Agency for Global Media (USAGM) Thailand Transmitting Station, Udon Thani Province, Thailand. The price listed below shall include all labor (drivers), materials (e.g., fuels, lubricants, cleaning supplies for the vehicle, etc.), vehicles, insurance (see FAR 52.228-4 and 52.228-5), permits/registration, overhead, and profit.

1.1 CONTRACT TYPE

This is a firm fixed-price (FFP) contract for Transportation Services for the USAGM Thailand Transmitting Station. The Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

1.2 VALUE ADDED Tax (Not Applicable)

Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the USAGM Thailand Transmitting Station has a tax exemption certificate from the host government.

1.3 OFFERS AND PAYMENTS IN U.S. DOLLARS

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

1.4 FOREIGN FIRMS

Any firm that is not a U.S. is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

1.5 PERIOD OF PERFORMANCE

The performance period of this contract is from date of award and continuing for twelve (12) months, with four (4) option periods of 12 months each, as follows:

Base Period: (TBD) Option Period One: (TBD) Option Period Two: (TBD) Option Period Three: (TBD) Option Period Four: (TBD)

The initial period of performance includes any transition period authorized under the contract.

1.6 BASE AND OPTION PERIOD PRICING

*NOTE: All prices shall be quoted in US Dollars (US$) and Thailand Baht.

CLIN BASE PERIOD Price/Month Price/Month Months Annual Price Annual Price

0001 Base Year Prices Thai Baht US Dollars 12 Thai Baht US Dollars

0001a Transportation Service

0001b Equipment Costs (Vehicle Leasing)

0001c Fuel, Maintenance, Insurance Costs

0001 Total Price, Base Year

CLIN OPTION PERIOD ONE Price/Month Price/Month Months Annual Price Annual Price

0002 Option Year One Prices Thai Baht US Dollars 12 Thai Baht US Dollars

0002a Transportation Service

0002b Equipment Costs (Vehicle Leasing)

0002c Fuel, Maintenance, Insurance Costs

0002 Total Price, Option Year One

CLIN OPTION PERIOD TWO Price/Month Price/Month Months Annual Price Annual Price

0003 Option Year Two Prices Thai Baht US Dollars 12 Thai Baht US Dollars

0003a Transportation Service

0003b Equipment Costs (Vehicle Leasing)

0003c Fuel, Maintenance, Insurance Costs

0003 Total Price, Option Year Two

CLIN OPTION PERIOD THREE Price/Month Price/Month Months Annual Price Annual Price

0004 Option Year Three Prices Thai Baht US Dollars 12 Thai Baht US Dollars

0004a Transportation Service

0004b Equipment Costs (Vehicle Leasing)

0004c Fuel, Maintenance, Insurance Costs

0004 Total Price, Option Year Three

CLIN OPTION PERIOD FOUR Price/Month Price/Month Months Annual Price Annual Price

0005 Option Year Four Prices Thai Baht US Dollars 12 Thai Baht US Dollars

0005a Transportation Service

0005b Equipment Costs (Vehicle Leasing)

0005c Fuel, Maintenance, Insurance Costs

0005 Total Price, Option Year Four

*NOTE: All prices shall be quoted in US Dollars (US$) and Thailand Baht

Grand Total of Base and All Option Periods

Grand Total Thai Baht

Grand Total US Dollars

CLIN 0001 Base Year Total

CLIN 0002 Option Year 1 Total

CLIN 0003 Option Year 2 Total

CLIN 0004 Option Year 3 Total

CLIN 0005 Option Year 4 Total

GRAND TOTAL- BASE AND ALL OPTIONS

1.7 DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

1.7.1 STANDARD SERVICES

The Contractor shall provide air-conditioned vehicles and drivers necessary to safely transport station personnel to and from the USAGM/TTS station each day (3 shifts per day). The Government will measure the Contractor’s work by monitoring station arrival times and customer complaints. Services generally consists of transporting station employees from the Udon Thani areas to/from the USAGM/TTS station. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with this contract, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract.

1.7.2 MANAGEMENT AND SUPERVISION

1.7.2.1 SUPERVISION. The Contractor shall designate a representative who shall be responsible for providing weekly transportation schedules to the Government, verifying vehicle acceptability, and for monitoring driver performance. This supervisor shall be the focal point for the Contractor and shall be the primary point of contact with U.S. Government personnel. This supervisor may be a driver, in addition to being a supervisor. The Supervisor shall possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position.

1.7.2.2 Minimum response time for telephone contact is 15 minutes. Minimum response time for email communications is 1 hour.

1.7.2.3 AFTER HOURS CONTACT. The Contractor shall designate a representative who shall serve as the Government’s primary point of contact outside of the hours specified in paragraph

1.7.3 The primary purpose of this contact is to provide an emergency contact for the Government and the Contractor’s drivers to address schedule changes and/or emergencies that may arise, to include but not limited to traffic accidents, driver absences, last minute schedule changes, changing road conditions, and acts of god. Minimum response time for telephone contact is 15 minutes.

1.7.2.4 COMMUNICATION SKILLS. The representatives specified in Paragraphs 1.7.2.1 and

1.7.2.3 shall have sufficient English language skills to be able to communicate with members of the U.S. Government staff. These representatives need not have supervision as their sole function but must be able to respond to Government queries within fifteen (15) minutes.

Transportation Services

1.7.3 SCHEDULES

The contractor shall maintain driver schedules. Driver Services shall transport station personnel to support the following daily shift changes:

*Each trip is defined as driving from Udon Thani to Station or from Station to Udon Thani.

1.7.3.1 SCHEDULE CHANGES. The Contractor shall clearly identify the drivers associated with each shift in their weekly schedules. The Contractor shall notify the COR or schedule deviations at least 24-hours in advance of the change.

1.7.4 QUALITY CONTROL

The Contractor shall be responsible for quality control.

The Contractor shall perform inspection of vehicles prior to each trip to ascertain vehicle defects and identify any safety concerns. The contractor shall use vehicles that conform to all Thailand vehicle and road safety laws.

The Contractor shall perform a quarterly customer satisfaction survey to measure driver operator performance. The Contractor shall deliver survey findings to the COR and coordinate any changes needed to address quality control.

1.7.5 DRIVER SERVICES

1.7.5.1 Shift Operations. The contractor shall provide daily transportation services per Paragraph

1.7.3 Schedules, to support normal shifts operations. Employees shall typically arrive at the station within 15-minutes prior to their scheduled shift; and shall spend no more than 1-hour 15 minutes in commute time from designated pickup points to the station. The Government anticipates this will require the use of multiple vehicles during day shift, since passengers reside in opposite/different directions.

1.7.5.2 EMPLOYEE PICK-UP / DROP-OFF POINTS. USAGM personnel reside throughout the Udon Thani area. Personnel are picked up from designated locations along the main interconnecting roadway, on the way to/from the USAGM station. Refer to Attachment 5, SHIFT TIMES

Number of Passengers

(MAX)

Number of Trips* per Shift

Normal Work Days

Weekends & Holidays

Day Shift 7:30AM – 3:30PM 27 4 2

Night Shift 3:30PM – 23:30 PM 4 4 2

Midnight Shift 23:30 – 7:30AM 4 4 2

Transportation Services

Udon Thani Transportation Route Information for route maps and current pick-up and drop-off points, and the number of employees currently utilizing those locations.

1.7.5.3 Pre-Use Inspections. The contractor is responsible for performing vehicle pre-use inspections for all vehicles supporting this contract. A sample Vehicle Inspection Checklist is provided in Attachment 1. The Contractor may submit an alternate inspection form for COR approval.

1.7.5.4 PUNCTUALITY. Drivers shall depart trip origins at specified times and make a reasonable attempt to arrive at destinations within 15 minutes of the estimated time of arrival. To the extent practical, drivers are expected to be knowledgeable of local traffic conditions, particularly those routinely affected by commuter traffic, seasonal weather conditions, major construction, and hindrances that may otherwise adversely affect departure and arrival times.

In such cases, drivers are expected to inform the Contract Representative in a timely manner, so as to allow modification of trip itineraries.

1.7.6 VEHICLES

1.7.6.1 Sizes & Types. The Contractor shall provide vehicles appropriate for passenger transport and sized for the number of expected passengers. The Contractor shall also possess sufficient equipment to provide uninterrupted service under this contract. The Contractor may adjust the compliment (size, style, type) of their vehicle fleet maximize efficiency or to further cost savings, provided that all such vehicle meets the requirements of this contract.

1.7.6.2 Vehicle Standards. Vehicles must meet the standards required by local and host country laws and regulations and meet the safety inspection requirements. All vehicles must pass periodic inspections by U.S. government selected mechanics. If any vehicle is determined to be unsafe or unsatisfactory, its use is prohibited until such unsafe or unsatisfactory conditions have been corrected. In such event, the Contractor must provide a replacement vehicle to maintain the schedule.

1.7.6.3 Safety/Security Requirements. Each vehicle shall have:

1) Individual permanent seats and 3-point securement belts for each passenger

2) Emergency exit

3) First aid kit

4) All emergency road and safety equipment required by host-country law.

1.7.6.4 Communication Equipment. The Contractor shall furnish a cell phone in each vehicle, in order to be in contact with the drivers at all times, and keep the station informed on any incidents which might happen during the rides.

Transportation Services

1.7.6.5 Maintenance. The Contractor shall ensure all vehicle equipment (vehicle, safety and security) are in good working order. Vehicles shall arrive clean, fully topped off with fluids (i.e.

oil, brake fluids, window washer fluids, etc.), and all lights (head, parking, and back-up) shall be functional. Vehicles shall be washed as necessary, to present a neat appearance. At the minimum, the Contractor shall complete the following maintenance:

1) Daily Schedule

a) Fuel tanks filled

b) All fluids checked

c) All lights checked

2) Weekly Schedule

a) Inspect tires

b) Check tire pressure

c) Inspect safety belts

3) Every four months, or as per recommended by the vehicle manufacturer, the Contractor shall conduct complete servicing, including, but not limited to changing fluids, checking the brakes and lights, inspecting the exhaust system for leaks, examining all safety and security equipment to ensure operability.

1.7.6.6 Emergency Roadside Assistance. In the event of a vehicle break down, the Contractor shall provide roadside assistance and ensure that the station employees are safely transported to the scheduled location of the broken vehicle. The contractor shall provide, in timely manner, alternate transportation for the station employees affected.

1.7.6.7 Inspections – The Contractor agrees to submit vehicles, as requested, for periodic unannounced spot checks by station mechanics / personnel.

1.7.6.8 Replacement Vehicles – Vehicles, which, for any reason, do not meet minimum requirements specified, shall be replaced immediately so that service will not be delayed or interrupted. Replacement vehicles shall meet all requirements of those normally used. During instances when the Contractor is unable to provide operable vehicles, the Government has the option to either utilize the services of other firms or to operate Government resources to temporarily meet transportation requirements until the Contractor resumes normal operations.

Any expenses incurred by the Government shall be chargeable to the Contractor and deducted against the fixed-monthly rate.

1.7.6.9 Parking – If necessary, the contractor may park a vehicle at the Station during the day shift (7:30AM until 3:30PM) to facilitate the transportation of the Day Shift back to Udon Thani, at the end of the shift.

Transportation Services

1.7.7 PERSONNEL

1.7.7.1 General. The Contractor shall maintain discipline and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

1.7.7.2 Standard of Conduct.

Uniforms and Personal Equipment.

The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

All dispatched drivers shall be equipped with a charged and credited cellular telephone to ensure communications is maintained with the Master Control Room and/or the Contractor’s Representative while performing driver services. See Section 1.7.6.4.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

unauthorized use of Government property, theft, vandalism, or immoral conduct;

unethical or improper use of official authority or credentials;

security violations; or, organizing or participating in gambling in any form

1.7.7.3 Notice to the Government of Labor Disputes. The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely

Transportation Services performance of this contract.

1.7.7.4 Qualifications.

All drivers shall meet the following qualifications:

1) All drivers shall be professional drivers and meet all Thai government and local license requirements, including a license for the class of vehicle they will be operating. Any such licenses shall be in the possession of the drivers when operating a vehicle under this contract. Any such licenses shall be available for inspection by the COR on request.

2) All drivers shall have three years or more of driving experience with no major accidents.

(“Major” accidents being defined as accidents resulting in bodily injuries or property damage in excess of $1,000.)

3) All drivers shall possess a thorough knowledge of Udon Thani streets and traffic patterns.

4) All drivers shall wear a distinctive nametag, emblem, or patch attached in a prominent place on an outer garment. The Contractor’s employees shall have in their possession credentials identifying themselves as employees of the company.

5) Physical Examinations. Valid evidence of a current (not more than three months old) physical examination of drivers who are proposed to work under this contract, shall be provided to the COR not later than two weeks prior to the beginning of the contract. It must show the proposed driver to be free from communicable diseases and physical defects, which could interfere with safe bus operation. This physical and certification shall meet all statutory requirements for licensing and operation of the type of vehicle driven.

6) The drivers are strictly prohibited from driving while intoxicated. The Contractor guarantees that all drivers are inspected for alcohol consumption before they start their runs under this contract. The Contractor shall immediately replace those drivers who do not pass the inspection for alcohol.

7) Drivers shall be trained in the use of the first aid kits that are provided in the buses.

8) Drivers must agree not to smoke, eat, or drink on the buses while transporting US Government passengers.

9) Professional Bearing and Courtesy. All Contractor employees shall conduct themselves in a professional and courteous manner.

Transportation Services

1.7.7.5 Personnel Security.

After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 30-60 days to perform. For each individual, the Contractor shall provide:

Completed RSO Biographic Data Form

3 pcs. 2”x2” colored ID picture

Local police clearance

For replacement or new personnel, the above information shall be submitted 30 days prior to their proposed utilization.

In accordance with Federal Government guidance, we will require the drivers to follow the following safety regulations: to reduce the potential for motor vehicle mishaps, caused by operator sleep deprivation and fatigue, drivers will not perform more than ten (10) hours on duty, and only after a minimum eight-hour rest period. Duty time means total shift duration, not total driving time.

1.7.8 CONTRACTOR FURNISHED PROPERTY

The Contractor shall provide all necessary vehicles with drivers, fuels, lubricants, including vehicle insurance certificate, cleaning supplies and other materials needed to operate and maintain the Contractor’s vehicles.

Uniforms. Minimum of five (5) collared shirts per year. The Contractor shall not pass on the cost of the uniforms and footwear to the contract employees but should include it within the rate for Standard Services, as part of their prices set forth in Section 1-Pricing.

1.7.9 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

None.

1.7.10 INSURANCE

1.7.10.1 Contractor’s Liability. The Contractor shall be liable for bodily injury and property damage, which may occur when performing this contract. The liability insurance shall be written on the comprehensive form of policy. The policy shall provide maximum coverage for passenger liability bodily injury as stipulated by the government of Thailand. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as

Transportation Services provided by law or sufficient to meet normal and customary claims.

1.7.10.2 FAR 52.228-10 Vehicular and General Public Liability Insurance (APR 1984)

The Contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

1) any property of the Contractor,

2) its officers,

3) agents,

4) employees, or

5) any other person;

arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

1.7.11 LAWS AND REGULATIONS

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

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.

Transportation Services

1.7.12 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery To Date

1.1 General Instructions 1 COR 30 days after award

1.2.4 Schedules 1 COR Weekly

3.4.1 List of Personnel 1 COR 10 days after award

6. Evidence of Insurance 1 COR 10 days after award

1.7.13 Licenses and Permits 1 COR Date of award

1.7.13 PERMITS

Without additional cost to the United States Government, the Contractor shall obtain all permits, licenses, registrations and appointments required for the execution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its quotation and shall provide any updates, as they become available, to the Contracting Officer. Application, justification, fees, and certifications for any licensure required by the host government are entirely the responsibility of the offeror.

1.7.14 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

The QASP is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance and surveillance to ensure that contract standards are achieved.

In an effort to minimize the contract administration burden, simplified methods of surveillance techniques shall be used by the Government to evaluate contractor performance. The Government will use appointed representatives, as well as reports and input from users/customers as sources of comments on the contractor’s performance.

The Contracting Officer, COR, and Contractor should jointly formulate tactical and long–term courses of action. Decisions regarding changes to metrics, thresholds, or service levels should be clearly documented. Changes to service levels, procedures, and metrics will be incorporated

Transportation Services as a contract modification at the convenience of the Contracting Officer.

1.7.14.1 FAILURE TO PERFORM

The contractor may receive deductions or even termination based on failure to perform. The following criteria apply for determining appropriate action:

Notifications. Consistent with FAR Part 49, the Contracting Officer shall notify the Contractor of failure to meet standards through QA monitoring forms, cure notices, or show cause notices and shall inform the Contractor’s PM or designated alternate of such notices.

Deductions. The Government has the right to withhold a percentage of payment based on failure to meet performance standards.

Termination. If the Contracting Officer determines that the Contractor has failed to perform to the extent that a termination for default is justified, the Contracting Officer shall issue a notice of termination, consistent with FAR Part 49.

1.7.14.2 ACCEPTANCE OF SERVICES

When all services have been deemed acceptable and there is documented objective quality evidence to support acceptable performance, the COR will accept the services provided and authorize payment of Contractor invoices.

1.7.14.3 SURVEILLANCE.

The COR will conduct surveillance by performing and documenting routine inspections, and will receive and document all complaints from Government personnel regarding the services provided. COR inspections will be documented by completing a Quality Assurance Monitoring Form, Attachment 3, with complete details of the performance objective under surveillance. Customer complaints will be documented by submitting a completed Customer Feedback Form, Attachment 4 to the COR. If appropriate, the COR will send the complaints to the Contractor for corrective action by completing a Contract Deficiency Report Form, Attachment 5, and the Contractor will acknowledge that the deficiency has been addressed by completing the appropriate section of the form, signing and returning the completed form to the COR. The COR will keep originals in the COR’s contract file, and if deemed necessary will forward concerns that have not been resolved to the Contracting Officer for further review and action.

Transportation Services

1.7.14.4 PERFORMANCE REQUIREMENTS SUMMARY SURVEILLANCE MATRIX

Performance Objective

Performance Standard

Acceptable Quality Level

(AQL)

Method of Surveillance

Incentives/ Reductions

The Contractor shall provide all Transportation Services described in the Statement of Work. (1.7)

The Contractor shall complete planning, administration, and management activities necessary to assure that all services comply with this contract.

98%

100% Inspection, Customer Complaints

Positive performance will result in timely payment of invoices, negative performance may result in invoice processing delays and adjustments for work not completed per the terms of the contract.

The Contractor shall provide on time deliveries of all deliverables.

(1.7.12)

The Contractor shall deliver all deliverables shown in the deliverables chart at Section 1.10 as specified by the terms of the contract.

99%

Inspection

Positive performance may result in an above average rating for Contractor past performance at the end of the contract.

Performance that does not meet the terms of the contract will be reflected as such for Contractor past performance.

The Contractor shall provide timely and accurate submission of invoices (1.7.14.2)

The contractor shall submit complete and accurate invoices on the last workday of the month without errors or unallowable costs

Late or inaccurate submission of invoices will result in processing and payment delays.

The Contractor shall meet all Personnel Requirements for contractor personnel.

(1.7.7)

The Contractor shall maintain discipline and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees and protect persons and property on site.

Inspection, Customer Complaints

The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with contract requirements.

The Contractor shall, at its own expense, provide and maintain insurance required by the contract. (1.7.10)

The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award.

The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates.

1.7.14.5 STANDARD

Performance standards are provided in Section 1.16. The COR shall notify the Contracting Officer of any complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions- Commercial Items), if any of the services exceed the standard.

1.7.14.6 PROCEDURES

If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR utilizing the Customer Feedback Form, Attachment 4.

The COR will complete appropriate documentation to record the complaint, utilizing the Quality Assurance Monitoring Form, Attachment 3.

If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the Customer Feedback Form for the COR contract file.

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

If the COR determines the complaint is valid, the COR will inform the Contractor utilizing the Contract Deficiency Report Form, Attachment 5, and will give the Contractor sufficient time to correct the defect. The COR shall determine how much time is reasonable.

The Contractor will complete and sign the Contract Deficiency Report Form to notify the COR of corrective action taken.

If the Contractor disagrees and challenges the validity of the complaint, the Contractor will explain in the appropriate section of the form, sign and return the completed form to the COR. The COR will review the matter to determine the validity of the complaint.

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

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.

1.7.14.7 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

Documented surveillance data (COR Status Reports, Completed Surveillance Checklists, Customer Feedback and CDRs, if any) will be used to support CPARS ratings.

SECTION 2 - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions-Commercial Items. (OCT 2018), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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).

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 Reinvestment Act of 2009.)

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X_ (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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243

Transportation Services

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. 6101note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

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

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15)

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

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