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Embassy of the United States of America Lima, Peru Wednesday, April 03, 2019 To: Prospective Offeror: Subject: RFQ for 19PE5019Q0082 -Air Compressors. The American Embassy in Lima Peru, has a requirement for a contractor to provide Components for Servers for field operations for the Intemational Narcotics and Law Enforcement Section (INL) operation. You are invited to submit a quotation. The Request for Quotations (RFQ) consists of the following sections: l. Standard Form SF-1449 2. Basic information, statement of work or specifications and technical qualifications. 3. Late quotation rules and evaluation method. The Embassy plans to award a purchase order submitting an acceptable offer at the lowest price. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it. Per FAR 4.1102, prospective contractor shall be registered in the System for Award Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully, and if you are interested, submit your quotation, by returning the completed SF-1449 and proposal to [email protected]; Cc [email protected] no later than Friday, April 12,2019 at 10:00 am (local time and date). Oral quotations will not be accepted. ) Enclosure; As stated Officer Any questions about this solicitation shall be addressed to [email protected] only in writing until Tuesday, April 09,2019 at l0:00 am. (local time and date)
Transcript
Page 1: -Air in · Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully,

Embassy of the United States of America

Lima, PeruWednesday, April 03, 2019

To: Prospective Offeror:

Subject: RFQ for 19PE5019Q0082 -Air Compressors.

The American Embassy in Lima Peru, has a requirement for a contractor to provideComponents for Servers for field operations for the Intemational Narcotics and LawEnforcement Section (INL) operation. You are invited to submit a quotation. The Requestfor Quotations (RFQ) consists of the following sections:

l. Standard Form SF-14492. Basic information, statement of work or specifications and technical qualifications.3. Late quotation rules and evaluation method.

The Embassy plans to award a purchase order submitting an acceptable offer at the lowestprice. You are encouraged to make your quotation competitive. You are also cautionedagainst any collusion with other potential offerors with regard to price quotations to be

submitted. The RFQ does not commit the American Embassy to make any award. TheEmbassy may cancel this RFQ or any part of it.

Per FAR 4.1102, prospective contractor shall be registered in the System for AwardManagement (SAM) database prior to award of a contract. If you are not registered and youwant to participate, you must initiate the process.

Please read the RFQ carefully, and if you are interested, submit your quotation, by returningthe completed SF-1449 and proposal to [email protected]; Cc [email protected] later than Friday, April 12,2019 at 10:00 am (local time and date). Oral quotations willnot be accepted.

)

Enclosure; As stated

Officer

Any questions about this solicitation shall be addressed to [email protected] only inwriting until Tuesday, April 09,2019 at l0:00 am. (local time and date)

Page 2: -Air in · Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully,

SOLICITATION'CONTRACT'ORDER FOR COMMERCIAL ITEMSoFFERORTO COMqLETE BTOCKS 12, 17,23,24, & 30

2. CONTRACT NO

PAGE ,I OF 20 PAGES

7. FOR SOLICITATION

INFORMATION CALL:

DATEo4to3t2019

8, OFFER DUE DATE/LOCAL TIME

9 ISSUED BY COOE

AMERICAN EMBASSY LIMAave. Lima Polo Cdra 2 Monteri@, ATTN: INL Managem€ntLimaPERU

16. ADMINISTERED BY

AMERICAN EMBASSY LIMA

ave. Lima Polo Cdra 2 Monteri@, ATTN: INL Management

Lim FL 33178

PERU

18a. PAYMENT WLL BE MADE BYAMERICAN EMBASSY LIMAAV Lima Polo cdra 1 Vn MontericGsur@, ATTN: FMO /DBOLima 33

PERU

UNRESTRICTED OR SET ASIDE % FOR:

\A/lcM EN-OW!ED SMALL BUSINESS

E tvr,oset ELLTcTBLE uNDER THE r /rcMENo\ n'tED

SMALL BUSINESS PROGRAM NAICS:

E =ot*t, ! er',,enorr.ro sMALL BUSTNESs

Er tol srzE sTANDARD:

13b RATING

14 METHOD OF SOLICITATION

E *rq Errr Enrp

CODE

CODE

I see screoure

15 DELIVERTOAMERICAN EMBASSY LIMA1 1380 NW 34th StEet, do Jusl ln TimeSeryies lnc.Doral FL 33178

UNITED STATES

CODE

CODEOFFERER CODE

E]17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS INOFFER

19

ITEM NO

1O THIS ACQUISITION IS

l-l sMaLL ausrNess

l-l HuezoNe sMaLLBUSINESS

I-l sEnuceorsnaLeoVETERANOVVIIED

SMALL BUSINESS

11 DELIVERY FOR FOB DESTINAT.

TION UNLESS BLOCK IS

MARKED

18b SUBMIT INVOICES TOBELOW IS CHECKED

ADDRESS

lsre,iSHO\IN lN BLOCK 'l8a UNLESS BLOCKADDENDUM

24

25 ACCOUNTING ANDAPPROPRIATION DATA

28 CONTRACTOR IS REQUIREO TO SIGN THIS DOCUMENT AND RETURN COPIESTO ISSUING OFFICE CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMSSET FORTH OR OTHERWSE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETSSUBJECT TO THE TERMS ANO CONDITIONS SPECIFIED HEREIN.

3Oa SIGNATURE OF OFFEROR/CONTRACTOR

3ob NAME ANDTITLE OF SIGNER (Type or pnn\

AUTORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE

AMOUNT

26 TOTALAWARDAMOUNT (ForGoyl Useon/,

NOT ATTACHED

D*. B*. NorArrAcHEo

29.AWARDOFCONTRACT: REF. OFFER DATEDYOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED ASTO ITEMS:

31a UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31c DATE SIGNED

STANDARD FORM 1449 (REv.o2t2o12lPrescribed by GSA - FAR (48 CFR) 53.212

INCORPORATESBYREFERENCEFAR322'12-1,522124 FAR52.212-3AND52212-5AREATTACHED ADDENDA

ORDER INCORPORATES BY REFERENCE FAR 52.2124 FAR 52 212.5 IS ATTACHED ADDENDA

1, REQUISITION NUMBER

PR8177674

3. AWARD/ EFFECTIVEDATE

4 ORDER NUMBER 5. SOLICITATION NUMBER19PEs0'19Q0082

a. NAMEMaria E Del Solar

b TELEPHONE NUMBER(No @llectcells)[email protected]

PE50O

12 DISCOUNTTERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 70O)

20.SCHEDULE OF SUPPLIES/SERMCES

21

OUANTITY22

UNIT23

UNIT PRICE

(Use Reve6e and/or Altach Addilional Srels as Necessary)

Air Compressore as described next

3Oc DATE SIGNED 3'lb. NAME OF CONTRACTING OFFICER (Type or pnn\

Computer Generated

ARE

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20.SCHEDULE OF SUPPLIESiSERVICES

21.QUANTITY

22UNIT

23.UNIT PRICE

ITEM NO.

32a. QUANTITY lN COLUMN 21 HAS BEEN

E Recetveo E trusprcrso E nccepreo,ANDcoNFoRMSTorHEcoNTRAcr,ExcEprAS NorED:

24

32b. SIGNATURE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

AMOUNT

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

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

32s. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 SHIP NUMBER 37 CHECK NUIUBER

fl PARTAL fl F|NAL

38 S/R ACCOUNT NO 40 PAID BY

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

42b RECEIVED AT (L@atior)

42d- TOTAL CONTAINERS

32c. DATE

34 VOUCHER NUMBER 35 AMOUNT VERIFIED

CORRECT FOR

E couprere E pnnrral E rtrunl

36 PAYMENT

39 S/R VOUCHER NO

41C DATE

42c. DATE REC'O (WMI\YDD)

41b SIGNATURE AND TITLE OF CERTIFYING OFFICER

STANDARD FORM 1449 (REV.2l2O12) BACK

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19PE5019Q0082 Page 3 of 20

SECTIONl-THESCHEDULESF-1449 Cover sheet

CONTINUATION TO SF-1449, RFQ NUMBER 19PE5018Q0082 PRICES, BLOCK 23

Items

No

(a)

Supplies/Services

(b)

Quantity

(c)

Unit

(d)

UnitPrice

(e)

Amount

(f)

1

Money Air Hassle Free Paintball Compressor #3 (11

SCFM) AUTODRA or equivalentItem should have:a. I year Warranty at the minimumb. Minimum 10 SCFM air flowc. Minimum four air storage tankd. Minimum 2 hose filling station for individual bottlese. Auto on/off switchf. Auto water drainageg. Minimum 10 feet of filling hoseh. Maximum operating pressure 5000 psii. Minimum 250 Liter fill per minutej.ll0l220 Electrical motor or at minimum 220 only

See picfure as a reference:

tl,Ita.

t

rl

7-.-

1 Each

2 Money Air Mini Money Paintball Compressor All inOne System or equivalentItem should have:a. Minimum 4 SCFM compressor rate

I Each

Page 5: -Air in · Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully,

b. Minimum t hose fill pointc.ll0l220 Electrical motor or at minimum 220W onlyd. Maximum operating pressure 5000 psie. Capable of water drainagef. Maximum weight 125 pounds

See picture as a reference:

JFreight charges to LIMA (if applicable)

VAT (if applicable)

Grand total

19PE5019Q0082 Page 4 of20

Pavment terms:

Net 30 days upon satisfactory receipt ofgoods or provision ofservices and receipt ofan accurate

invoice. Proposed equipment shall be delivered 45 days after receive of USG order and it shall

have warranty in Peru, it shall be described in the vendor's proposal.

Shipping Instructions for U.S. vendors:

a. Partial shipments are not authorized.

b. Vendor shall attach a copy of the Order; copy of commercial invoice; accurate/complete

packing lists, and contact information (telephone, fax, and e-mail, etc.) to each box/item to allow

proper identification including the following reference: Contract Number or DO number and PR

number.

c. SHIPPING INSTRUCTIONS (for overseas vendors)

Official consignee for the counter narcotics agreement at INL Peru for direct shipments coming

from the United States:

t _.i

r!'

/a

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19PE5019Q0082 Page 5 of20

Consignee: US EMBASSY - INL - NARCOTICS AFFAIRSAddress: Ala A6rea No. 2, Base A6rea, Callao, PeruContact Information: Ana YizcardoE mail: [email protected] Phone: 618 2817Phone: 613 - 6300 ext. 4ll2 I 4137US G order TBD##############

All direct shipments coming from the United States should be ship directly from origin to finaldestination INL LIM.

Copy of the commercial invoice, detailed packing list showing description of the item (s), partnumber and/or serial number, quantity, unit price, number of boxes , measurement and weightper box, and AWB/ BL is requested to be emailed [email protected] prior to shipment for thefinal OK.

All boxes should be mark with the PO number or contract number.

. Important: "Important: all items shall be packaged for export (certified wood crating) incompliance with current USG export regulation".

BILLING INSTRUCTIONS - Invoices should be properly identified with Embassy's deliveryOrder number, supported by any prepaid shipping. lnvoices should be sent to the followingbilling address:DEPT OF STATEUS EMB LIMA

Value added taxes should not be imposed on this acquisition because the USG is sales taxexempted

Shippins instructions for vendors Outside USA

Official consignee for the counter narcotics agreement at INL Peru for shipments coming fromoutside the United States:

Consignee: US EMBASSY- INL- NARCOTICS AFFAIRS

Address: Ala Aerea No. 2, Base Aerea, Callao, PeruContact Information: Ana VizcardoE-mai I : av izcar do @ inl.p e

Direct Phone: 618 2817

All cargo coming from outside the United States should be ship as direct shipment from origin tofinal destination NL LIM.

Page 7: -Air in · Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully,

19PE5019Q0082 Page 6 of20

Cargos from outside the United States should not/not be shipped to the INL freight forwarders atMIA.

Copy of the commercial invoice, detailed packing list showing description of the item (s), partnumber and./or serial number, quantity, unit price, number of boxes , measurement and weightper box, and AWB/ BL is requested prior to shipment for the final OK.

All boxes should be mark with the PO number or contract number

. Important: "Important: all items shall be packaged for export (certified wood crating) incompliance with current USG export regulation".

Very important: If there is any hazmat material in the line items list, vendor must provide theMaterials Safety Data Sheet (MSDS) as soon as possible in order to proceed with the shipment.Caution Notice: Iflwhen vendor fails to follow the shipping instructions and guidance, anyadditional expenses incurred by the USG due to that mistake will have to be paid by the Vendor(e.g. to be deducted from the lnvoice, etc.).

Shiopins instructions for local vendors

Value added tax shall be quoted separately.Delivery shall take place in in the INL Section Warehouse Av. Elmer Faucett cdra 40S / N, Base

FAP - Callao.

Page 8: -Air in · Management (SAM) database prior to award of a contract. If you are not registered and you want to participate, you must initiate the process. Please read the RFQ carefully,

I9PE5019Q0082 Page 7 of20

SECTION 2 _ INSTRUCTIONS TO OFFEROR AND FAR CLAUSES

52.212-l Instructio ns to Offerors{ o mmercial Items.As prescribed in 12.301(bX1), insert the following provision:

INsrRucrroNS ro OrrEnons-{oMMERCTAT- Irpvs (JnN 2017)

(a) North American Industry Classification System (NAICS) code and small business size

standard. The NAICS code and small business size standard for this acquisition appear in Block10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a

concern which submits an offer in its own name, but which proposes to furnish an item which itdid not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in thissolicitation at or before the exact time specified in this solicitation. Offers may be submitted onthe SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum,offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate

compliance with the requirements in the solicitation. This may include product literature, orother documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR52.212-3(b) for those representations and certifications that the offeror shall complete

electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent

and relevant contracts for the same or similar items and other references (including contract

numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent

of agreement with all terms, conditions, and provisions included in the solicitation. Offers that

fail to fumish required representations or information, or reject the terms and conditions of the

solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30

calendar days from the date specified for receipt of offers, unless another time period is specified

in an addendum to the solicitation.

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19PE5019Q0082 Page 8 of20

(d) Product samples. When required by the solicitation, product samples shall be submitted at

or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation,

these samples shall be submitted at no expense to the Government, and returned at the sender's

request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative

terms and conditions, including alternative line items (provided that the alternative line items are

consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial

items for satisfuing the requirements of this solicitation. Each offer submitted will be evaluated

separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or

withdrawals, so as to reach the Govemment office designated in the solicitation by the time

specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30

p.m., local time, for the designated Government office on the date that offers or revisions are

due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the

Govemment office designated in the solicitation after the exact time specified for receipt ofoffers is "late" and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late offer would not unduly delay the

acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the

solicitation, it was received at the initial point of entry to the Government infrastructure not later

than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Govemment

installation designated for receipt of offers and was under the Government's control prior to the

time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms

more favorable to the Government, will be considered at any time it is received and may be

accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installationincludes the time/date stamp of that installation on the offer wrapper, other documentaryevidence of receipt maintained by the installation, or oral testimony or statements of Governmentpersonnel.

(4) If an emergency or unanticipated event intemrpts normal Govemment processes so thatoffers cannot be received at the Government office designated for receipt of offers by the exacttime specified in the solicitation, and urgent Government requirements preclude amendment ofthe solicitation or other notice of an extension of the closing date, the time specified for receipt

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19PE5019Q0082 Page 9 of20

of offers will be deemed to be extended to the same time of day specified in the solicitation on

the first work day on which normal Govemment processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact timeset for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. Ifthe solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any

time before the exact time set for receipt of offers, subject to the conditions specified in the

solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its

authorized representative if, before the exact time set for receipt of offers, the identity of the

person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate

offers and award a contract without discussions with offerors. Therefore, the offeror's initialoffer should contain the offeror's best terms from a price and technical standpoint. However, the

Govemment reserves the right to conduct discussions if later determined by the ContractingOfficer to be necessary. The Government may reject any or all offers if such action is in the

public interest; accept other than the lowest offer; and waive informalities and minorirregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer,unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the

Schedule, offers may not be submitted for quantities less than those specified. The Govemmentreserves the right to make an award on any item for a quantity less than the quantity offered, at

the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial ItemDescriptions, FPMR Part l0I-29, and copies of specifications, standards, and commercial itemdescriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 6 19 -8925

Facsimile (202) 619 -897 8.

(ii) If the General Services Administration, Department of Agriculture, or Department ofVeterans Affairs issued this solicitation, a single copy of specifications, standards, and

commercial item descriptions cited in this solicitation may be obtained free of charge bysubmitting a request to the addressee in paragraph (D(1XD of this provision. Additional copies

will be issued for a fee.

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19PE5019Q0082 Page 10 of20

(2) Most unclassified Defense specifications and standards may be downloaded from the

following AS SIST websites :

(i) ASSIST ( )(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) AS SISTdocs.com (http :iiassistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by-(i) Using the ASSIST Shopping Wizard ( );(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia,

PA 191 1 1-5094, Telephone (215) 697 -2667 12179, Facsimile (215) 697 -1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization

responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or

less if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM) database.) The Offeror shall enter, in the block with its name and address

on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique

entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its

Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character

suff,rx to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to

establish additional SAM records for identifying alternative EFT accounts (see subpart 32.1 1) for

the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity

designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The

Offeror should indicate that it is an offeror for a Government contract when contacting the entity

designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by

submission of an offer, the offeror acknowledges the requirement that a prospective awardee

shall be registered in the SAM database prior to award, during performance and through final

payment of any contract resulting from this solicitation. If the Offeror does not become

registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Offrcer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the

SAM database accessed through http s : //www, aasursitrau.cay(1) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall

disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed

offeror's offer.

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19PE5019Q0082 Page 11 of20

(2) The overall evaluated cost or price and technical rating of the successful and the

debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency

during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered bythe successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether

source-selection procedures set forth in the solicitation, applicable regulations, and other

applicable authorities were followed by the agency.

(End of provision)

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19PE5019Q0082 Page 12 of20

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTSAWARDED BY OVERSEAS CONTRACTING ACTI\'ITIES

(Current thru FAC 2005-95)COMMERCIAL ITEMS

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and

effect as if they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the fuIl text of a clause may be accessed electronically at this address:

https ://www. acquisition. gov/farDOSAR clauses may be accessed at:

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel (if

contractor requires physical access to a federally-controlled

facility or access to a Federal information system)

JAN 2O1I

s2.2t2-4 Contract Terms and Conditions - Commercial Items

(Alternate I (MAY 2014) of 522124 applies if the order is

time-and-materials or labor-hour)

JAN 2017

52.225-19 Contractor Personnel in a Diplomatic or Consular Mission

Outside the United States (applies to services at danger pay

posts only)

MAR 2OO8

52.227-19 Commercial Computer Software License (if order is for

software)

DEC2OOT

s2.228-3 Workers' Compensation lnsurance (Defense Base Act) (if

order is for services and contractor employees are covered by

Defense Base Act insurance)

JUL2OI4

52.2284 Workers' Compensation and War-Hazard Insurance (if order

is for services and contractor employees are not covered by

Defense Base Act insurance)

APR 1984

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19PE5019Q0082 Page 13 of20

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, whichare incorporated in this contract by reference, to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:(l) .',- ltt"- I i;, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).(2) .' -r i i, ProtestAfterAward(Auc 1996) (ii tr \ t lii.l).(3) .. ' I r, Applicable Law for Breach of Contract Claim (Ocr 2004)(Public Laws 108-77 and 108-78

( i" i "-, I jx(ll ri,;lc)).

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

[Contracting Officer check as appropriate.]

_ (1) il.lO.i-(r, Restrictions on Subcontractor Sales to the Govemment (Sept 2006), with Altemate I(Oct 1995) ({ t:l(,-u114 and i_Q _t.r S.C l{(lr)._(2) -51 l().1 l.i, Contractor Code of Business Ethics and Conduct (Oct 2015) (+l !1.S,(.1.i()9))._ (3) r: l!ll- l 5, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. I l1-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)

_(4) 5l l1l+ I 0, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)(Pub. L. t09-282) (ll tt,S q. 0l0L lqtt:).

_ (5) [Reserved].

_ (6) 5l lll+: l-l, Service Contract Reporting Requirements (Oct 2016) (Pub. L. I 11-117, section 743 ofDiv. C).

_(7) 5l,l]i+ 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)(Pub. L. 111-117, section 743 of Div. C).

_ (8) -il,l0l) (t, Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_ (9) 5l l1i1) 11, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)(41 u.s.c.2313\.

_ (10) fReserved].

_ (1 lXi) 5l-.:l le-.1, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( l5 L!S.! , r,5liD.

_ (ii) Altemate I (Nov 2011) of il,l i !) i._ (12Xi) jl-l l1) 1, Notice of Price Evaluation Preference for HUBZone Small Business Concerns(Ocr 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (lf U,.S,t . !5la)_ (ii) Alternate I (JaN 2011) of 5:,1lll-1.

_ (13) [Reserved]

_ ( 14Xi) 5l-l l lf (1, Notice of Total Small Business Set-Aside (Nov 201 1) ( ij, t r , S.(- 6-+4).

_ (ii) Alternate I (Nov 2011).

_ (iiD Altemate II (Nov 2011).

_ (15Xi) il.ll()-7, Notice of Partial Small Business Set-Aside (June 2003) (i5 t..5(, 0+l).

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19PE5019Q0082 Page 14 of20

_ (ii) Altemate I (Oct 1995) of sl-li9-7._ (iii) Alternate II (Mar 200a) of tl I l'){._ (16) 5l.11Ll l, Utilization of Small Business Concerns (Nov 2016) (l-\ t. S,C- r,.r71cU(l)and (3)).

_ (17Xi) ..1,.1 111 9, Small Business Subcontracting Plan (Nov 2016) ( 15 l, S ( t,.l7td)(.{]).

_ (ii) Alternate I (Nov 2016) of =\l,l ie 9.

_ (iii) Alternate II (Nov 2016) of il-: ltl-.'/.

_ (iv) Alternate III (Nov 2016) of ll I l:/-t).

_ (v) Altemate IV (Nov 2016) of il,l I e,1].

_ (18) 51._l !!1.13, Notice of Set-Aside of Orders (Nov 2011) (trt S,(,,, 0:1-1(r)).

_(19) 5l.li9 l-l, Limitations on Subcontracting (Nov2011) (l-\ t S C., (tr7lr,lt ll))._(20) 51,_l l12 l(r, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 1 5 t t.-\ ( . 6.17(tl)f{(F)0)).

_(21\ 5l.ll11 17, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

l..t S._L, (r57 t).

_(22)5].-l19 lr\,PostAwardSmallBusinessProgramRerepresentation(Ju12013)(15 l.:S,q.(r.rlLLi.l]D.

_(23) 5l.l 19 19, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (l-t 1.,1,!-ql-(Lul).

_(24) 5l.l l9 l(1, 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) (li_1,,S,! .1t37tU).

_(25) 5l.ll_l -'\, Convict Labor (June 2003) (E.O. 11755).

_(26\ 5l.lll l9, Child Labor-{ooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_(27) 5l lll:l l, Prohibition of Segregated Facilities (Apr 2015).

_ (28) 51.11.! 2Q, Equal Opportunity (Sept 2016) (E.O. 11246).

_(29) 5l.lll:.1r, Equal Opportunity for Veterans (Oct 2015)(i!! !..S.L.rl il)._ (30) 5l.lll-.1(r, Equal Opportunity for Workers with Disabilities (Jul 2014) (?() l..t.L!. 791).

_ (31) tl.lll .{, Employment Reports on Veterans (Fen 2016) (38 U.S.C. 4212).

_(32) 5l 122:-10,NotificationofEmployeeRightsUndertheNationalLaborRelationsAct(Dec2010)(E.O. 134e6).

_X_ (33XD 52.222,5!1, Combating Trafficking in Persons (Mar 2015) (ll I.r S ( , qltirptr:r 7l'i and E.O.

t3627).

_ (ii) Alternate I (Mar 2015) of 5l.-lll-11 (ll 1..S,( t'hrtpte t -rl and E.O. 13627).

_ (34) tl.l_l_],..:1, Employment Eligibility Verification (Ocr 2015). (Executive Order 12989). (Not

applicable to the acquisition of commercially available off-the-shelf items or certain other types ofcommercial items as prescribed in ll.lsQ.l.)_(35)51.:ll 5e,CompliancewithLaborLaws(ExecutiveOrder13673)(Ocr2016).(Appliesat$50million for solicitations and resultant contracts issued from October 25,2016 through Apil24,2017;applies at $500,000 for solicitations and resultant contracts issued after April 24,2017).

Note to paragraph (bX35): 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, GSA, DoD and NASA will publish a document in the

Federal Register advising the public of the termination of the injunction.

_ (36) 5l.lll (r(1, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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19PE5019Q0082 Page 15 of20

- (37Xi) 5l;119, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (:}?- tr=S.(. (,9621clt])k\llir)). (Not applicable to the acquisition of commercially availableoff-the-shelf items.)

- (ii) Alternate I (May 2008) of 5].r2-i:'l (+lLj-S.( .O962_LilL)rc1). (Not applicable to the acquisition of

commercially available off-the-shelf items, )

_X_ (38) -tl._I.j_-l 1., Ozone-Depleting Substances and High Global Warming PotentialHydrofluorocarbons (Jt N2016) (8.O. 13693).

_ (39) )l.lll-ll, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and AirConditioners (Jul 2016) (E.O. 13693).

_ (40)(i) 5-l,l-l--i -l-1, Acquisition of EPEAT@-Registered Imaging Equipment (Jtx 2014) (E.O.s 13423and 13514).

_ (ii) Alternate I (Oct 2015) of 5l-_rr_.i_1.1.

- (4lxi) .!,.?-l--l l,l, Acquisition of EPEAT@-Registered Televisions (JuN 2014) (E.O.s 13423 and

135 14).

_ (ii) Alternate I (Jun 2014) of =r_1.2_ll-l{.

-(42) 5l,l-l-=l- lj, Energy Efficiency in Energy-Consuming Products (Duc 2007) (12_U.S.C'. Sl59Lr.

- (43Xi) 5l-ll-L10, Acquisition of EPEAT@-Registered Personal Computer Products (OCr 2015)

(E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of .s22i- I 6.

_X_(44) jl,ll--1.l-$, Encouraging Contractor Policies to Ban Text Messaging While Driving (Auc 2011)(E.O. 13s13).

_ (45) 5l_.12=l .l-(1, Aerosols (Jtx 2016) (E.O. 13693).

_X_ (46) 5_l,,l,ll l 1, Foams (Jtx 201 6) (E.O. 1 3693).

_(47) 5l_,ll_l L, Buy American-Supplies (May 2014) (+_L L:-S C ,qlupt!tl&l)._ (48Xi) 5l,l-l-5!, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 Lr.S.(.

cltiiit!!'t, !1.3, I 9_ tt f!-._ll0l_ note, l9_U,S.E.?_l l-l_ note, I I tj.S.C. =l8Q-! note, l9 U.S.C. 4001 note, Pub. L.103-182, t08-77, i08-78,108-286,108-302,109-53,109-169,109-283,110-138, tt24t,rr242,andtt243._ (ii) Altemate I (May 2014) of ,s1.2_15-i.

_ (iiD Altemate II (May 2014) of -il.5l._ (ir) Alternate III (May 2014) of_(49) 5:,lll,,), Trade Agreements (Ocr2016) (19 Lr,5{--?-50J., et seq., l9_li$=C--ll!lnote).

_X_ (50) t_l.ll5 l-.r, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and

statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (51) -il,ll5-l(.1, 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; l(.t

-Lr,S,C-. l-t0l Nel!1.

_(52\ 5]-ll6_:i, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (11 Lr.S-{-jll!)._ (53) .il-2_2_0-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (+2

Lr,-s.q._I_i5D.

_X_ (54) 5l.l1l _19, Terms for Financing of Purchases of Commercial Items (Feb 2002) (-l I t.l.S.C.

-L:(15, lll -Lr,S.q, rjqT(o).

_ (55) 5_l..l.1}lll,lnstallment Payments for commercial Items (oct 1995) (lLu-il--4505, S.C

)

0

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19P85019Q0082 Page 16 of20

_X_ (56) , Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

( .')._ (57) :, Payment by Electronic Funds Transfer--Other than System for Award Management

(Jul 2013) ( ).

_ (58) . , Payment by Third Party (May 2014) ( ).

_ (59) ' , Privacy or Security Safeguards (Aug 1996) ( ).

' :r' : and )'_ (ii) Alternate I (Apr 2003) of(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) , Nondisplacement of Qualified Workers (May 2014XE.O. 13495).

_(2) , Service Contract Labor Standards (May 2014) ( , ).

_ (3) , Statement of Equivalent Rates for Federal Hires (May 2014) ( and

).

_(4) , Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) ( and , ' )

_ (5) ' . ,, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( and ).

_ (6) , Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 201a) (

).

_(7) , Exemption from Application of the Service Contract Labor Standards to Contracts for

CertainServices-Requirements(May20la)( I ' , ).

_ (8) ,, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ (9) , Paid Sick Leave Under Executive Order 13706 (JAN 2017) (8.O. 13706).

_ (10) , Promoting Excess Food Donation to Nonprofit Organizations (May 20la) ( ,

).

_(11) ,, Accepting and Dispensing of $l Coin (Sept2008) ( )(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 simplifiedacquisition threshold, and does not contain the clause at , Audit and Records-Negotiation.(l) The Comptroller General of the United States, or an authorized representative of the ComptrollerGeneral, shall have access to and right to examine any of the Contractor's directly pertinent recordsinvolving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, andother evidence for examination, audit, or reproduction, until 3 years after final payment under thiscontract or for any shorter period specified in FAR , Contractor Records Retention, of theother clauses of this contract. If this contract is completely or partially terminated, the records relating tothe 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

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under or relating to this contract shall be made available until such appeals, litigation, or claims are finallyresolved.

(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 ormaintain any record that the Contractor does not maintain in the ordinary course of business or pursuant

to a provision of law.(e)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause,

the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a

subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be

as required by the clause-(i) , Contractor Code of Business Ethics and Conduct (Oct 2015) ( ).(ii) , Utilization of Small Business Concerns (Nov 2016) ( , and (3)), in allsubcontracts that offer further subcontracting opportunities. Ifthe subcontract (except subcontracts tosmall business concems) exceeds $700,000 ($1.5 million for construction of any public facility), the

subcontractor must include in lower tier subcontracts that offer subcontracting opporn:nities.(iii) , Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required inaccordance with paragraph (1) of FAR clause

(i") , Prohibition of Segregated Facilities (Apr 2015)(v) , Equal Opportunity (Sept 2016) (E.O. I1246).("i) , Equal Opporlunity for Veterans (Oct 2015) ( ).(vii) , Equal Opportunity for Workers with Disabilities (Jul 2014) ( ).(viii) , Employment Reports on Veterans (Feb 2016) ( r , )(ix) , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause(x) , Service Contract Labor Standards (May 2014) ( ).(xi) , Combating Trafficking in Persons (Mar 2015) ( and E.O13627).Alternate I (Mar 2015) of ( ).(xii) , Exemption from Application of the Service Contract Labor Standards to Contracts forMaintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2ol4) ( .

)(xiii) , Exemption from Application of the Service Contract Labor Standards to Contracts forCertain Services-Requirements (May 2014) ( )(xiv) , Employment Eligibility Verification (Ocr 2015) (E.O. 12989).(xv) , Minimum Wages Under Executive Order 13658 (Dec 2015).(xvi) , Compliance with Labor Laws (Executive Order 13673) (Ocr 2016) (Applies at $50million for solicitations and resultant contracts issued from Octobe r 25 , 2016 through April 24, 2017 ;

applies at $500,000 for solicitations and resultant contracts issued after April 24,2017).Note to paragraph (e)(l)(xvi): By a court order issued on October 24,2016,52.222-59 is enjoinedindefinitely as of the date of the order. The enjoined paragraph will become effective immediately if thecourt terminates the injunction. At that time, GSA, DoD and NASA will publish a document in theFederal Register advising the public of the termination of the injunction.(xvii) , Paycheck Transparency (Executive Order 13673) (OCT 2016)).(xviii) , Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

19PE5019Q0082 Page 17 of20

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I9PE5019Q0082 Page 18 of20

(xix) -il.llt 3(r, 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; l(l l..l.S ( .

_l_l(Ll__Nlrtq't.

(xx) 5l-,12(t__6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (-12-L.tS.(,

l1')2-\. Flow down required in accordance with paragraph (e) of FAR clause -(l,lX,!.(xxi) ,s2 171.61, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ($ LiS.t.Appl ll_1-11b1 and 1() Q..S-C. lOi l). Flow down required in accordance with paragraph (d) of FAR

clause,i2.2-+7-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal

number of additional clauses necessary to satisff its contractual obligations.

(End of clause)

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19PE5019Q0082 Page 19 of20

DEPARTMENT OF STATE ACQUISITION REGULATION (4S CFR Chapter 6) CLAUSES

NUMBER TITLE DATE

652.225-71 Section 8(a) of the Export Administration Act of 1979, As

Amended (if order exceeds simplified acquisition threshold)

AUG 1999

652.229-70 Excise Tax Exemption Statement for Contractors Within the

United States (for supplies to be delivered to an overseas post)

JUL 1988

652.229-71 Personal Property Disposition at Posts Abroad AUG I999

652.237-72 Observance of Legal Holidays and Administrative Leave (for

services where performance will be on-site in a Department of

State facility)

APR 2OO4

652.239-7t S ecurity Requirements for Unclas sifi ed Informati on

Technology Resources (for orders that include information

technology resources or services in which the contractor will

have physical or electronic access to Department information

that directly supports the mission of the Department)

SEP 2OO7

652.242-70 Contracting Officer's Representative (if a COR will be named

for the order) Fill-in for paragraph b: "The COR is

AUG I999

652.242-7t Notice of Shipments JUL 1988

652.242-73 Authorization and Performance AUG 1999

652.243-70 Notices AUG 1999

652.247 -7 r Shipping lnstruction FEB 2015

(End of clause)

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19PE5019Q0082 Page 20 of20

SECTION 3 - EVALUATION FACTORS

Evaluation factors

! Award willbe made to the lowest priced, acceptable, responsible offeror.

tl The Government reserves the right to reject proposals that are unreasonably low or high in

price.

n The lowest price will be determined by multiplying the offered prices times the estimated

quantities in "Prices - Continuation of SF- 1 8, block 1 I ", and arriving at a grand total, including

all taxes where applicable.

n The Government will determine acceptability by assessing the offeror's compliance with the

terms of the RFQ.

f The Government will determine contractor responsibility by analyzing whether the apparent

successful offeror complies with the requirements of FAR 9.1, including:

I Adequate financial resources or the ability to obtain them;

I Ability to comply with the required performance period, taking into consideration all existing

commercial and govemmental business commitments;

-l Satisfactory record of integrity and business ethics;

n Necessary organization, experience, and skills or the ability to obtain them;

I Necessary equipment and facilities or the ability to obtain them; and

-l Be otherwise qualified and eligible to receive an award under applicable laws and regulations


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