September 18, 2017 COMBINED SYNOPSIS/SOLICITATION NOTICE Solicitation No. SGE500-17-Q-0117 The Regional Procurement Support Office (RPSO) in Frankfurt intends to issue a Request for Proposals (RFP) for: Provide Property Management Services to the U.S. Consulate Frankfurt, Germany All interested contractors shall review the attached pages of this solicitation, Section I, sub-section C Statement of Work and offer goods and services that conform to the specifications. Synopsis: This is a solicitation for commercial items/services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Contract Type: The Government intends to award a firm fixed price, commercial items contract. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Site Visit: Offerors are required to attend a pre-proposal Site Visit to be conducted on Friday, September 22, 2017 at 10:00 CEST, at Joachim-Becher Strss 6, 60320 Frankfurt am Main. Offerors planning to attend the Site Visit must register by email the names of their company’s representatives (maximum of two) to the attention of Mr. Damian Richard at [email protected]at least 1 working day prior to the scheduled date. Question Submission: Interested offerors must submit any questions concerning the solicitation no later than September 26, 2017, by 15:00 hour CEST, to Mr. Damian Richard email, [email protected]. Questions not received within this time period will not be considered. AMERICAN CONSULATE GENERAL Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany Tel.: (+49) 69 7535 3309 E-Mail: [email protected]
Transcript
September 18, 2017
COMBINED SYNOPSIS/SOLICITATION NOTICE
Solicitation No. SGE500-17-Q-0117
The Regional Procurement Support Office (RPSO) in Frankfurt intends to issue a Request for Proposals (RFP) for: Provide Property Management Services to the U.S. Consulate Frankfurt, Germany
All interested contractors shall review the attached pages of this solicitation, Section I, sub-section C Statement of Work and offer goods and services that conform to the specifications. Synopsis: This is a solicitation for commercial items/services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Contract Type: The Government intends to award a firm fixed price, commercial items contract. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Site Visit: Offerors are required to attend a pre-proposal Site Visit to be conducted on Friday, September 22, 2017 at 10:00 CEST, at Joachim-Becher Strss 6, 60320 Frankfurt am Main. Offerors planning to attend the Site Visit must register by email the names of their company’s representatives (maximum of two) to the attention of Mr. Damian Richard at [email protected] at least 1 working day prior to the scheduled date. Question Submission: Interested offerors must submit any questions concerning the solicitation no later than September 26, 2017, by 15:00 hour CEST, to Mr. Damian Richard email, [email protected]. Questions not received within this time period will not be considered.
AMERICAN CONSULATE GENERAL Regional Procurement Support Office
Proposal Due Date: The completed proposal, which shall contain the name of the company, name and contact details of the person authorized to submit the proposal, is to be submitted on or before Friday September 27, 2017 by 15:00 hrs. CEST time: as a pdf document emailed to [email protected] and [email protected]. The email subject line must read “Proposal SGE500-17-Q-0117”.
Provide Property Management Services to the U.S. Consulate Frankfurt, Germany
Combined Synopsis and Solicitation NO. SGE50017Q0117 Issued by: American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
SGE50017Q01172. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
09/08/2017
7. FOR SOLICITATIONINFORMATION CALL:
a. NAME
Damian Richardb. TELEPHONE NUMBER (No collect calls)c. EMAIL [email protected]
8. OFFER DUE DATE / LOCALTIME
10/13/2017 15:00:00
CODE
AMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: RPSOFRANKFURT, 60435GERMANY
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 561210
SIZE STANDARD: $38,500,000
10. THE ACQUISITION IS
SEESCHEDULE
11. DELIVERY FOR FOB DESTINATIONUNLESS BLOCK IS MARKED 0 Days: EUR0.00
CODE16. ADMINISTERED BYAMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: RPSOFRANKFURT, 60435GERMANY
FACILITYCODE
CODE
Contact DunsTelephone No.
17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY
AMERICAN EMBASSY BERLINAMERICAN EMBASSY, CLAYALLEE 170FINANCIAL MANAGEMENT CENTER, ATTN. DBOBerlin, 14191GERMANY
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS INOFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW ISCHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Line Items Section
25. ACCOUNTING AND APPROPRIATION DATASee Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TOISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTHOR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THETERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ONSOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICHARE 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)
Damian Richard31c. DATE SIGNED
09/22/2017
AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)Prescribed by GSA - FAR (48 CFR) 53.212
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001 Provide property management services per Section 1,sub-section C.
1.00 LT
Doc Ref No:Delivery Date FOB:
. ..
TABLE OF CONTENTSSection 1 - The Schedule
• SF 1449 cover sheet
• Continuation To SF-1449, RFQ Number SGE50017Q0117, Prices, Block 23
• Continuation To SF-1449, RFQ Number SGE50017Q0117, Schedule Of Supplies/Services, Block 20 De-scription/Specifications/Work Statement
• Sub-Section B The Schedule
• Sub-Section C Description/Specifications/Work Statement
• Sub-Section D Packaging and Marking
• Sub-Section E Inspection and Acceptance
• Sub-Section F Deliveries or Performance
• Sub-Section G Contract Administration Data
• Sub-Section H Special Contract Requirements
Section 2 - Contract Clauses• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Offeror Representations and Certifications• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed inPart 12
.. ...
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Line ItemSummary
Solicitation Number:
SGE50017Q0117
Contract Number: Title: FRA - GSO PropertyManagement Services
Date of Solicitation:
09/08/2017
Line ItemNo. Description Quantity Unit Unit Price Total Cost
SUB-SECTION B - THE SCHEDULE
Continuation to SF-1449, Block 23
B.1 SERVICES
The Contractor shall provide services to the U.S. Consulate Frankfurt. The services to be rendered under this contract are specified inSection 1, sub-section C Description/Specifications/Work Statement.
B.2 TYPE OF CONTRACT
This is a firm fixed-price commercial items type contracts payable entirely in U.S. Dollars or in local currency (EUR) as specified onthe offeror’s proposal.
The Contractor shall furnish to the Government, for the base and any option years which may be exercised by the Government, theservices as specified in this contract at the rates shown in the Price Schedule.
B.3 CONTRACT PERIOD
The contract shall be effective on the date of Notice to Proceed (NTP) and shall remain valid for one year.The anticipated contract period is one Base Year with Four (4) Option Years.
The option years may be exercised solely at the discretion of the Government and are binding on the Contractor if exercised. Optionyears, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.
SUPPLIES/SERVICES/PRICES
B.4 PRICING SCHEDULE
(a) The Government shall pay a fixed monthly fee for the management of occupied apartments and the maintenance of commonareas as specified in Section 1, sub-section C Description/Specifications/Work Statement.
(b) The Government shall also reimburse the Contractor at the purchase price for any materials and services ordered by the Gov-ernment to conduct approved maintenance and repair on occupied apartments.
(d) The cost of Workers’ Compensation War-Hazard Insurance Overseas (See Section I, FAR 52.228-4 (APR 1984) ) is not reim-bursable and shall be included in the Contractor’s rates.
(e) The Government shall make payment in local currency.
B.5 TYPES OF SERVICES
(a) Monthly Management of Occupied Apartments is a firm-fixed priced burdened not to exceed monthly rates. The contractorshall not charge the Government any more than the Not To Exceed (NTE) Rate listed in the firm-fixed contract for any of the monthlyservices specified in Section 1, sub-section C Description/Specifications/Work Statement. The Contractor shall only charge monthlymanagement fees for occupied apartments.
(b) Cleaning of Common Areas is a firm-fixed priced burdened not to exceed monthly rate that covers weekly, monthly, semi-annual, and annual cleaning duties as prescribed in Section C. The contractor shall not charge the Government any more than the NotTo Exceed (NTE) Rate listed in the firm-fixed contract for any of the monthly maintenance services of common areas specifiedin Section 1, sub-section C Description/Specifications/Work Statement.
(c) Reimbursable Maintenance and Repair Services is a Time-and Material, reimbursable cost for services, supplies, materials andequipment required to perform pre-approved maintenance and repair on occupied apartments and common areas. The contractor shallnot charge the Government any more than the amount it paid for the services, supplies, materials and equipment. Costs incurred bythe Contractor for reimbursement shall be pre-approved by the COR or the CO.
B.6 Value Added Tax
Value Added Tax (VAT) shall not be included in the firm fixed monthly service fees, rather it shall be applied as a separate charge atthe time of invoicing. The Contractor shall separate out VAT in the price proposal.
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B.7 PRICES
B.7.1 Property Management Services
The Contractor shall provide the levels of effort, shown below by category, for the performance period (starting on the datestated in the Notice to Proceed and continuing for a period of 12 months.) The fixed monthly rates, number of quantities, andceiling for each category are as follows:
BASE PERIOD
Line Item Category Estimated Quantities Cost Per Unit Total Ceiling Price001 Monthly fixed rates per
occupied apartments toconduct property adminis-tration and tenant manage-ment services per SOW.
8
002 Monthly fixed fee forcleaning of common areasper SOW.
4004 DBA Insurance if required4005 VATTotal Option Period Two
GRAND TOTAL PRICE FOR BASE PLUS FOUR OPTIONPERIODS
B.11 CURRENCY _________________
The offeror shall insert the currency on which the price proposal is based.
B.12 DEFENSE BASE ACT (DBA) INSURANCE
B.12.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless ofcitizenship for any construction and services for U. S. overseas contracts over US$3,500.00. Only the countries listed currently on theDepartment of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) andThird Country Nationals (TCNs) working overseas. (See website for country waivers:
https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation bene-fits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, thewaiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered un-
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der the DBA.
B.12.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be pur-chased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at ht-tp://www.dol.gov/owcp/dlhwc/lscarrier.htm
B.12.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has beenpaid.
B.13 ACQUISITION METHOD
The Government is conducting this acquisition using the Commercial Items procedures under FAR part 12 and, where appropriate,FAR part 15.
... ....
SUB-SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 GENERAL REQUIREMENTS
Overview
The U.S. Consulate in Frankfurt, Germany owns a private housing complex comprised of three buildings andeighteen apartments located on Joachim Becher Str. adjacent to the Carl Schurz Siedlung living compound. Theapartments of this housing complex are leased to private citizens. The tenants are in the process of vacatingthese apartment buildings. The U.S. Consulate seeks the services of a property management company to man-age and administer these properties until they are fully vacated. These properties shall be administered with thefollowing goals in mind:
To provide, decent, safe, and sanitary housing for current tenants;To maintain the value of the apartments and protect U.S. Government assets;To ensure that the properties comply with all German and Frankfurt tenant housing laws and regulations.
C.2 STATEMENT OF WORK
The U.S. Consulate Frankfurt requires Property Management services for its Joachim-Becher Str. #6, #8 and#10 apartment buildings. The requirement includes property administration and maintenance, tenant manage-ment, and un-audited financial management and reporting. The contractor shall provide qualified, trained em-ployees, and materials required to:
Provide administrative services to effectively manage these properties to include, record keeping of tenant leaseagreements and health and safety inspections; tracking, accounting and follow-up of delinquent lease payments;apportioning of utility bills to respective tenants; and preparation of regular written and unaudited financial re-ports for the U.S. Consulate.
Perform or coordinate routine maintenance and repair of covered items in tenant apartments to keep propertieswell maintained and safe;
Respond to tenant emergency maintenance calls for covered items and perform or coordinate appropriate servi-cing and repairs of these items;
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Conduct routine cleaning of common areas.
C.2.1 Property Administration and Tenant Management Services. The Contractor shall provide the follow-ing administrative and tenant management services for the Joachim Becher Str. #6, #8 and #10 apartments:
Assist the U.S. Consulate’s Cashier in the Collection of Rents and Other Income. The Contractor shall as-sist the COR in the collection, when due, of all rents and utilities charges including delinquent rents and utilitycharges from tenants. In the event of delinquent payments, the contractor shall follow up on behalf of the CORby email/mail and/or phone as prescribed by the COR.
In addition, the Contractor shall assist the COR in identifying and collecting any funds due the U.S. Consulatefrom miscellaneous services provided to tenants or the public including, but not limited to, parking income, ten-ant storage, and coin operated machines of all types (e.g.vending machines and pay telephones).
The Contractor shall follow the following Cashier’s fund Collection Procedures:
Fund Collection Procedures
a. The contractor shall deposit all funds collected from tenants into a USG account within twenty-four (24)hours of acceptance, and shall provide receipts to the official cashier at the U.S. Consulate Frankfurt withintwenty-four (24) hours of deposit.
b. A schedule of funds collected by the contractor shall be provided to the cashier and the COR at the end of theeach month.
Record Management: The Contractor shall maintain an organized filing system for all lease related paper-work that includes correspondences with tenants, tenant leases, income activity, health and city inspections, andany other necessary paperwork. The files can be both in electronic and paper form depending on what is appro-priate. The filing system must safeguard documents while also facilitating easy retrieval and filing.
Financial Management, Budgeting and Reporting: The Contractor shall track rental and utilities paymentspaid and due to the government and the receipt of other income. The contractor shall prepare and provide theCOR a monthly unaudited income report (cash basis) and a report of outstanding receivable payments.
C.2.2 Perform cleaning of all common areas. The Contractor shall perform the following cleaning duties ofJoachim Becher Str. #6, #8 and #10 apartments’ common areas:
Weekly Cleaning Requirements shall consist of:
Sweeping and damp mopping all stairwells, hallways, exterior landings, from basement to attic; including allbasement hallways and maid’s room hallways; to include removal of dirt, bugs, cobwebs. Floors shall be free ofdust, mud, sand, footprints, liquid spills, and other debris. Anti skid stripes should be scrubbed free of dirt buildup as required. Damp wiping entrance doors, both inside and outside, mailboxes and handrails; vacuum en-trance door mats. Removing any grease marks or fingerprints from walls, doors, doorframes, radiators, interiorwindows and window frames. Chairs, trash receptacles, and easily moveable items shall be tilted or moved toclean underneath. When completed, the floor and halls shall have a uniform appearance with no streaks, smears,swirl marks, detergent residue, or any evidence of remaining dirt or standing water.
Monthly Cleaning Requirements shall consist of:
Cleaning of light switches and lights (inside and outside); damp wiping radiators, apartment doors and frames.
Cleaning of stairwell windows including frames, both inside and outside
Annually Cleaning Requirements shall consist of:
Cleaning of all overhead pipes in all basement areas.
C.2.3 Maintenance and repair services of covered items for occupied apartments: Maintenance and repairservices includes any and all repairs of covered items which may occur at any time, day or night during the con-tract period. Covered and non-covered items are the following:
Covered Items:
1. All plumbing related issues.2. All electrical issues, excluding light bulbs, ceiling fans and light fixtures.3. All structural issues, including patching and painting.4. All heating issues.5. All window issues, except window screens.6. Bathroom ventilation systems7. Locksmith issues of apartment main entrance and tenant front door.
Not-Coved Items:
1. All personal equipment, lamps, fixtures, draperies, curtains of the tenant.2. Refrigerator, stove, dishwasher, washer machine, dryer and stove exhaust fans.3. Locksmith issues of other than main entrance and tenant front door.
Prior to implementing any maintenance and repairs, the Contractor must first estimate the total cost of the main-tenance and repairs including all required services, materials and equipment. If the total estimated cost exceedsEuro 500, the Contractor shall present the budget to the COR and shall first attain in writing from the COR au-thorization to proceed prior to initiating maintenance and repairs. Upon written authorization by the COR, theContractor shall authorized a sub-contractor to perform the repair. If the total estimated cost does not exceedEuro 500, the Contractor shall authorize a sub-contractor to perform the repair.
The Contractor shall include in the monthly invoice all maintenance and repair costs for reimbursement to theContractor. Maintenance and repair costs shall only be reimbursed to the Contractor for services, material andequipment the Contractor actually paid. The Contractor shall substantiate all reimbursable claims with a paidinvoice to a sub-contractor. The Government shall only pay for reimbursable maintenance and repair services,materials and equipment costs exceeding Euro 500 when accompanied by a written COR pre-authorization.
C.2.4 Monthly Activity ReportThe Contractor shall submit a monthly activity report in English to the COR with the monthly invoice. Theactivity report shall include the following:
1. Tenant Communication Log: The communication log shall record all communication between tenantsand the Contractor. The log shall record the tenant, date and time of contact, and a brief description of thepurpose of the call and of any resolution by the Contractor.
2. Repairs: The Contractor shall list all repairs performed at the apartments and the cost of the repairs.3. Cleaning of Common Areas: The Contractor shall report all cleaning services performed of common
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areas.
Contact Time: The Contractor shall have a maximum contact time by the tenant of two (2) hours.
Response Time: The Contractor shall have an on-site response time of twelve (12) hours from time of contactwith the contractor for all emergency service and repair work. All repairs should be completed within seventytwo (72) hours after the contractor arrives at the repair site unless instructed otherwise by the COR.
C.4 Contractor Certifications
The Contractor SHALL ONLY utilize technicians that are trained and licensed to maintain/repair residentialbuilding equipment and systems. The contractor shall provide copies of all licenses and certifications by theGovernment upon request.
C.5 Project Management and Supervision
In view of the importance of the services falling under this contract, the Contractor shall assign a specific Eng-lish speaking project manager who will be the direct liaison with the COR concerning all work related to thiscontract. It will be the project manager’s task to direct, schedule, supervise, inspect and test the work under thiscontract, and to receive instructions from the COR or their designate. The Contractor’s project manager shallbe able to speak and understand the English language at Level 2. Level 2 is defined as being able to verballysatisfy routine demands and limited work requirements, and being able to comprehend simple written materialon subjects within a familiar context. Quality control shall be the responsibility of the project manager. Theproject manager shall perform inspection visits to the work site on a regular basis. The Project Manager shall beable to produce written deliverable reports in English to the Government after services are completed.
SUB-SECTION D - PACKAGING AND MARKING
The Contractor shall mail all invoices pertaining to this contract to the following address:U.S. Consulate GeneralGSO-Room E-208Giesenerstr. 3060435 Frankfurt am Main
For all contract related correspondence the Contractor shall use the following address:
American Consulate General FrankfurtGiessener Strasse 30ATTN: RPSOFrankfurt, D60435
SUB-SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates the following clauses by reference, with the same force and effect as if they were giv-en in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of aclause may be accessed electronically at:
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the loca-tions indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.gov/home.htm to seethe links to the FAR. You may also use an Internet "search engine" (e.g., Yahoo, Excite, Alta Vista, etc.) to ob-tain the latest location of the most current FAR.
FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)
52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)
E.2 CONTRACTOR QUALITY CONTROL (CQC)The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out,ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out inspectionsto determine whether the various services are being performed according to the contract requirements. Anyshortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and im-proved; any conditions beyond the responsibility of the Contractor shall be brought to the attention of the Con-tracting Officer or COR for disposition.
E.3 QUALITY ASSURANCE PLAN (QAP)This plan is designed to provide an effective surveillance method to promote effective contractor performance.The QAP provides a method for the Contracting Officer's Representative (COR) to monitorContractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officerof continued unsatisfactory performance.
The Contractor, not the Government, is responsible for management and quality control to meet the terms of thecontract. The role of the Government is to conduct quality assurance to ensure that contract standards areachieved.
Performance Objective PWS Para Performance ThresholdServices.The Contractor shall track and report ten-ant funds receivable to the COR and col-lect and transfer these funds to the USDOaccount within the required time period.
C.2.1 The Contractor must track and report ten-ant funds receivable to the COR and col-lect and transfer these funds to the USDOaccount within the required time period100% of the time, and the CO receives nomore than two written complaints from theCOR about the Contractor’s unsatisfactoryperformance per month.
Services.The Contractor shall maintain a recordmanagement system per C.2.1.
C.2.1 The Contractor must maintain a recordmanagement system per C.2.1, whichwhen inspected by the COR, is 95% com-pliant, and the CO receives no more thantwo written complaints from the CORabout the Contractor’s unsatisfactory per-formance per month.
Services.The Contractor shall perform all routinecleaning of common areas per C.2.3.
C.2.3 The Contractor must perform all routinecleaning duties per C.2.3 95% of the time,and the CO receives no more than twowritten complaints from the COR about theContractor’s unsatisfactory performanceper month.
Services.The Contractor shall submit a complete
C.2.4 The Contractor must submit a completemonthly activity report 100% of the time
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monthly activity report, per C.2.4. per C.2.4 and in the time specified, and theCO receives no more than two writtencomplaints from the COR about the Con-tractor’s unsatisfactory performance permonth.
Services.The Contractor shall provide maintenanceand repair services to the tenants per C.2.3requirements, contact and response times.
C.2.4 The Contractor must maintain a tenantcontact time 90% of the time, and respondsto tenant needs 95% of the time within therequired response time. The Contractormust address required maintenance and re-pairs 100% of the time, and the CO re-ceives no more than two written com-plaints from the COR about the Contract-or’s unsatisfactory performance permonth.
E.4 SURVEILLANCE. The COR shall receive and document all complaints from Government personnel re-garding the services provided. If appropriate, the COR will send the complaints to the Contractor for correctiveaction.
E.5 STANDARD. The performance standard is such that the Government receives no more than two writtennotifications from the CO regarding the Contractor’s unsatisfactory performance objective per month. TheCOR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriateaction to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), ifany of the services exceed the standard.
COR shall notify the Contracting Officer of continued unsatisfactory performance which may require a Show-Cause Notice* being sent by the Contracting Officer to the Contractor.
*A Show Cause Notice requires the contractor to show why performance was delayed and identify who is atfault for the delays. This notice is used if termination for default appears appropriate.
E.6 PROCEDURES(a) If any Government personnel or tenants observe unacceptable services, either incomplete work or requiredservices not being performed they shall immediately contact the COR.(b) The COR shall complete appropriate documentation to record the complaint.(c) If the COR determines the complaint is invalid, the COR shall advise the complainant. The COR shall retainthe annotated copy of the written complaint for his/her files.(d) If the COR determines the complaint is valid, the COR shall inform the Contractor and give the Contractoradditional time to correct the defect, if additional time is available. The COR shall determine how much time isreasonable.(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of thecomplaint, the Contractor shall notify the COR. The COR shall review the matter to determine the validity ofthe complaint.(g) The COR shall consider complaints as resolved unless notified otherwise by the complainant.(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is receivedfor the same deficiency during the service period, the COR shall contact the Contracting Officer for appropriateaction under the Inspection clause.
SUB-SECTION F - DELIVERIES OR PERFORMANCE
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F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates the following clauses by reference, with the same force and effect as if they were giv-en in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at:
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the loca-tions indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.gov/home.htmto see the links to the FAR. You may also use an Internet "search engine" (e.g., Yahoo, Excite, Alta Vista, etc.)to obtain the latest location of the most current FAR.FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)52.242-15 STOP-WORK ORDER (AUG 1989)52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
F.2 PERIOD OF PERFORMANCEThe contract shall be effective on the date of the Contracting Officer’s signature, and shall be in effect for 365days or 12 months, plus any options to renew in accordance with FAR 52.217-9 Option to Extend the Term ofthe Contract (MAR 2000)
The Government may extend this contract by six (6) months in accordance with FAR Clause 52-217-8, Optionto Extend Services, in Section I of the contract. The option in FAR 52.217-8 maybe exercised at any time dur-ing the period of performance.
F.3 DELIVERABLESThe Contractor shall provide the following deliverables/submittals within the time frames identified below.
Licenses and Permits 10 days after contract award (to the CO)Proof of Insurance 10 days after contract award (to the CO)List of employees with their personal data for referenceand security checks
10 days after contract award (to the COR)
Monthly Activity Report At the end of each month, or as arranged by COR
F.4 NOTICE TO PROCEEDAfter contract award and submission of insurance certificates, and after verification, the Contractor shall be senta Notice to Proceed (NTP). That Notice to Proceed will establish a date (a minimum of ten (10) days from dateof contract award unless the Contractor agrees to an earlier date) on which performance shall start.
F.5 WORK SCHEDULE
All work shall be performed when required to address the requirements in the sub-section C.The Department of State observes the following American holidays:
* New Year's Day Martin Luther King's Birthday
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* Presidents' Day Memorial Day* Independence Day Labor Day* Columbus Day Veterans Day* Thanksgiving Day Christmas Day
* Any other day designated by Federal law, Executive Order or Presidential Proclamation.
In addition to the above, the U.S. Consulate Frankfurt will observe the following holidays in the state of Hessen,as follows:
* Easter Monday (Oster Montag)* Good Friday (Karfreitag) Ascension Day (Christi Himmelfahrt)* German Labor Day (Maifeiertag) Whitsun Monday (Pfingstmontag)* Corpus Christi (Fronleichnam) Assumption Day (Maria Himmelfahrt)* German Unity Day (Tag der Deutschen Einheit)* Second Christmas Day
SUB-SECTION G - CONTRACT ADMINISTRATION DATA
G.1 INVOICING AND PAYING INSTRUCTIONSa. The Contractor shall submit his invoice in the original and one copy to the designated billing address indic-ated in this contract (see paragraph (d) below). The COR will determine if the invoice is complete and accurateas submitted. The COR also will determine if billed services have been satisfactorily performed and if reim-bursable expenses billed (if any) are correct. If it is determined that the amount billed is incorrect, the CORwill, within seven calendar days, request the Contractor to submit a revised invoice.
b. The Contractor shall specifically identify his last invoice, "Final Invoice." The final invoice shall include theremaining payments claimed to be due under the basic contract and all modifications issued, if any. The finalinvoice shall also have a "Contractor's Release Certificate" attached to it. The Contractor shall keep one copyfor his files and include the others with each copy of the final invoice. If the Contractor has any questions re-garding payment status, he shall contact the COR.
c. The Contractor shall mail all invoices pertaining to this contract to the following address:
U.S. Consulate GeneralGSO-Room E-208Giesenerstr. 3060435 Frankfurt am Main
The COR will furnish certification or request correction. Upon certification, the invoice will be forward the in-voice for payment to the designated remittance office for payment.d. All invoices shall reflect the contract number and the name of the Contracting Officer's Representative(COR).
e. The Contractor shall not be eligible to receive payments for any subsequent deliverables until the Govern-ment has accepted the previous deliverables.
G.2 PAYMENTSPayments are authorized against Contractor’s invoices to be approved by the COR. Payments will be made onthe basis of actual work performed. Invoices shall be submitted monthly. In accordance with 52.232-1 (APR1984), 52.232-7 (AUG 2012) the 14 day period identified in FAR 52.232-27 (APR 1984)(a)(1)(i)(A) is hereby
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changed to 30 calendar days from receipt of a proper invoice in the designated payment office or the date onwhich the Government accepts the services, whichever is later.
IMPORTANT NOTICE1) Invoices shall be submitted in duplicate: One original and one (1) copy.2) The contract number must be quoted on the invoice(s) and in all communications concerning this contract,delivery orders and work orders or task.3) Invoice(s) shall be itemized in accordance with the numbering in Section B.4) The following certificate must be duly signed on the invoice original:
"I certify that above invoice is correct and just and that payment therefore has not been received."
5) Value Added Tax (VAT) should be identified as a separate line item on invoices submitted.6) Discount terms, if any, must be shown on all invoices.7) Contract close out documentation: Contract’s release and Contractor’s assignment of refunds, rebates andcredits.
The Contractor warrants that the prices include for reimbursement are actual costs. Payments shall be limited toactual services performed. No claim for any additional compensation shall be considered unless it has been au-thorized by the Government in writing in advance. The Government shall not be responsible for any work per-formed which is not specifically provided for under the terms of this contract or authorized by the Governmentin writing in advance.
Please ensure that the referenced “Order Number”, in block #4, is stated on all invoices and correspondence re-lating to this order.
Payment will be made via Electronic Fund Transfer (EFT) in accordancewith Federal Acquisition Regulation FAR32.9 “Prompt Payment”. The original invoice must beissued to the address as provided in block # 18a on the first page of the order. Invoices issued by Germanvendors must be mailed to the address as provided in block # 18a. Invoices issued by all other vendors may beeither mailed to the address in block # 18a, or emailed as a pdf document to: [email protected]
To avoid possible delay in payment, please ensure the invoice:a) is correctly addressed;b) references the correct order number (see block #4 of the order);c) provides complete bank details.
All payment related matters (only) should be sent to the above email address.Note to receiving officer:To permit prompt payment to the vendor and to avoid unnecessary correspondence and inquiries, please adviseBerlin FMC immediately upon receipt of the service(s): [email protected] information Follow-up requests which are not payment related should be emailed to RPSO at:[email protected]
G.3 PAYMENTS TO SUBCONTRACTORSThe Contractor shall make timely payment from the proceeds of the progress or final payment for which requestis being made, to his subcontractors and suppliers in accordance with the Contractor’s contractual arrangementswith them.
G.4 INSTRUCTIONS REGARDING ADMINISTRATION OF ORDERSThe below-listed office has primary responsibility for contract administration functions related to the perform-
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ance of orders issued against this contract. Such functions include (a) Placement of task, work or telephonic or-ders, (b) follow-up on calls, (c) inspection and acceptance.
H.1 SECURITYH.1.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilitiesto any individual. The Government will run background checks on all proposed Contractor employees. TheContractor shall provide the names, biographic data and police clearance on all Contractor personnel who shallbe used on this contract.
H.1.2 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are ap-proved. Contractor personnel shall display identify card(s) at all times while providing services under this con-tract. These identity cards are the property of the Government. The Contractor is responsible for their return atthe end of the contract, when an employee leaves Contractor service, or at the request of the Government.
H.2 STANDARDS OF CONDUCT(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanli-ness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to em-ployees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect crediton themselves, their employer, and the United States Government. The Government reserves the right to directthe 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 additionalcost to the Government.(b) Dress Code. The Contractor's employees shall wear clean and neat attire appropriate for the type of work,or as directed by the COR. All employees shall wear accreditation at all times.(c) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, orfighting shall not be condoned. Also included is participation in disruptive activities that interfere with normaland efficient Government operations.(e) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, con-sume, or be under the influence of intoxicants, drugs or substances that produce similar effects.(f) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain cir-
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cumstances. These include but are not limited to the following actions:- falsification or unlawful concealment, removal, mutilation, or destruction of any official documents orrecords 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.-(g) Key Control. The Contractor shall be responsible for any keys issued for access to buildings, offices, equip-ment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR'sapproval. Where it is determined that the Contractor or its agents have duplicated a key without permission ofthe COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lostany such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimbursethe Government for the cost of rekeying that portion of the system.
H.3 PERSONNEL HEALTH REQUIREMENTSAll employees shall be in good general health without physical disabilities that would interfere with acceptableperformance of their duties. All employees shall be free from communicable diseases.
H.4 LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION(a) Bonds. The Government imposes no bonding requirement on this contract. The Contractor shallprovide any official bonds required, pay any fees or costs involved or related to the authorization for the equip-ping of any employees engaged in providing services specified under this contract if such bonds or paymentsare legally required by the local government or local practice.
(b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages andbenefits required by host country law or agreements with its employees. The Government, its agencies, agents,and employees shall not be part of any legal action or obligation regarding these benefits which may sub-sequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays,payments for social security, pensions, sick or health benefits, severance payments, child care or any other be-nefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in thiscontract.
(c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibilityand liability for any and all personal injuries or death and property damage or losses suffered due to negligenceof the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liab-ility is independent of any insurance policies.
(d) Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary.The Contractor shall, at its own expense, provide and maintain during the entire performance period the follow-ing insurance amounts:
General Liability(1) Bodily Injury stated in Euros:
Per Occurrence - €400,000.00Cumulative - € 1.55 million
(2) Property Damage stated in Euros:Per Occurrence - €400,000.00Cumulative - € 1.55 million
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The types and amounts of insurance are the minimums required. The Contractor shall obtain any othertypes of insurance required by local law or that are ordinarily or customarily obtained in the location of thework. The limit of such insurance shall be as provided by law or sufficient to meet normal and customaryclaims.For those Contractor employees assigned to this contract who are either United States citizens or hired in theUnited States or its possessions, the Contractor shall provide workers' compensation insurance in accordancewith FAR 52.228-3 (JUL 2014)
The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:(a) any property of the Contractor,(b) its officers,(c) agents,(d) servants,(e) employees, or(f) any other person, arising from and incident to the Contractor's performance of this contract.
The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except inthe instance of gross negligence on the part of the Government.The Contractor shall obtain adequate insurance coverage for damage to, or theft of, materials and equipment is-sued to the Contractor.
(e) Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses,and appointments required for the prosecution of work under this contract. The Contractor shall obtain thesepermits, licenses, and appointments in compliance with applicable host country laws. The Contractor shallprovide evidence of possession or status of application for such permits, licenses, and appointments to the Con-tracting Officer with its proposal. Application, justification, fees, and certifications for any licenses required bythe host government are entirely the responsibility of the Contractor.
H.5 PERSONNELH.5.1 Removal of Personnel: The Contractor shall maintain discipline at the site and at all times take allreasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed atthe site and for the preservation of peace and protection of persons and property in the neighborhood of theproject against the same. The COR may require, in writing, that the Contractor remove from the work site anyemployee that the COR deems incompetent, careless, insubordinate or otherwise objectionable, or whose con-tinued employment on the project is deemed by the COR to be contrary to the Government's interests.
H.5.2 Notice to the Government of Labor Disputes: If the Contractor has knowledge that any actual or po-tential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractorshall immediately give notice, including all relevant information, to the Contracting Officer.H.5.3. Personnel and Vehicle Security - After award of the contract, the Contractor has ten (10) calendar daysto submit to the COR a list of workers assigned to this project for the Government to conduct all necessary se-curity checks. It is anticipated that security checks will take six (6) weeks to perform. For each individual thelist shall include:
Signed and completed Security Release Form for each employee that shall work on this project (See Section J,Attachment #1)
Copy of German I.D. card (Ausweis) front and back, or a copy of Passport, with all pages bearing information.
Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal ofthe application. Once the Government has completed the security screening and approved the applicants the in-
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dividual shall be permitted access to the site. Access may be revoked at any time due to the falsification of data,or misconduct on site.
SECTION 2 - CONTRACT CLAUSES
Clause Title
52.202-1 Definitions (Nov 2013)
52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-7 Anti-Kickback Procedures (May 2014)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
(Apr 2014)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)
52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)
52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
52.232-1 Payments (Apr 1984)
52.232-18 Availability Of Funds (Apr 1984)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.237-3 Continuity Of Services (Jan 1991)
52.244-6 Subcontracts for Commercial Items (Jan 2017)
52.245-1 Government Property (Jan 2017)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)
652.245-71 SPECIAL REPORTS OF GOVERNMENT PROPERTY (FEB 2015)
....... ........
The following DOSAR clauses are provided in full text:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with Government personnel and thepublic, work within Government offices, and/or utilize Government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
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1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);2) Clearly identify themselves and their contractor affiliation in meetings;3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnelare included in those listings; and4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
INDEMNIFICATION (JULY 1988)
The Contractor expressly agrees to indemnify and to save the Government, its officers, agents, servants, andemployees harmless from and against any claim, loss, damages, injury, and liability, however caused, resultingfrom or arising out of the Contractor's fault or negligence in connection with the performance of work underthis contract. Further, any negligence or alleged negligence of the Government, its officers, agents, servants, oremployees, shall not bar a claim for indemnification unless the act or omission of the Government, its officers,agents, servants, or employees is the sole competent, and producing cause of such claim, loss, damages, injury,or liability.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions 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 continuingresolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvest-ment Act of 2009.)
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41U.S.C. 2313).
(10) [Reserved].
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (ifthe offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved]
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
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(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business ConcernsEligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable tothe acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre-scribed in 22.1803.)
(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million forsolicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely asof the date of the order. The enjoined paragraph will become effective immediately if the court terminates the
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injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising thepublic of the termination of the injunction.
(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially available off-the-shelf items.)
(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun2016) (E.O. 13693).
(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners(Jun 2016) (E.O. 13693).
(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes ad-ministered by the Office of Foreign Assets Control of the Department of the Treasury).
(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.2307(f)).
(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services,that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MultipleYear and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten-ance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for CertainServices--Requirements (May 2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisitionthreshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General,shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and otherevidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for anyshorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.If this contract is completely or partially terminated, the records relating to the work terminated shall be madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes clause or to litigation or the settlement of claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and otherdata, regardless of type and regardless of form. This does not require the Contractor to create or maintain anyrecord that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontractfor commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by theclause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
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(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 continuingresolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small businessconcerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for CertainServices-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million forsolicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefin-itely as of the date of the order. The enjoined paragraph will become effective immediately if the court termin-ates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register ad-vising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).
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(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal numberof additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specifiedin the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided bythe Secretary of Labor. The option provision may be exercised more than once, but the total extension of per-formance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written no-tice to the Contractor within 30 days.
(End of clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within the perform-ance period of this contract ; provided that the Government gives the Contractor a preliminary written notice ofits intent to extend at least 30 days before the contract expires. The preliminary notice does not commit theGovernment to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this optionclause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5years and six months.
(End of clause)
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52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30 of he current calen-dar year. The Government's obligation for performance of this contract beyond that date is contingent upon theavailability of appropriated funds from which payment for contract purposes can be made. No legal liability onthe part of the Government for any payment may arise for performance under this contract beyond September30 of the current calendar year, until funds are made available to the Contracting Officer for performance anduntil the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.243-1 CHANGES FIXED PRICE - ALTERNATE I (APR 1984)
The following FAR clauses are provided in full text:
652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)
(a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under thiscontract the firm fixed-price stated in Section 1 of this contract.
(b) Invoice Submission. Please ensure that the referenced “Order Number”, in block #3, is stated on all invoices and correspondencerelating to this order.
Invoice Payment: Payment will be made via Electronic Fund Transfer (EFT) in accordance
with Federal Acquisition Regulation FAR32.9 “Prompt Payment”. The original invoice must
be issued to the address as provided in block # 21 on the first page of the order.
Invoices issued by German vendors must be mailed to the address as provided in block # 21.
Invoices issued by all other vendors may be either mailed to the address in block # 21, or emailed as a pdf
To avoid possible delay in payment, please ensure the invoice:
a) is correctly addressed;
b) references the correct order number (see block # 3 of the order);
c) provides complete bank details.
All payment related matters (only) should be sent to the above email address.
NOTE TO RECEIVING OFFICER:
To permit prompt payment to the vendor and to avoid unnecessary correspondence and inquiries, please advise Berlin FMC immedi-ately upon receipt of the service(s): [email protected]
OTHER INFORMATION:
Follow-up requests which are not payment related should be emailed to RPSO at: [email protected]
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as aContracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of theauthority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.(b) For this contract the COR will be appointed at time of award.
(End of clause)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The contractor warrants the following:(1) That it has obtained authorization to operate and do business in the country or countries in which this con-tract will be performed;(2) That it has obtained all necessary licenses and permits required to perform this contract; and,(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or coun-tries during the performance of this contract.(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcon-tractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.(End of clause)
652.243-70 NOTICES (AUG 1999)
Any notice or request relating to this contract given by either party to the other shall be in writing. Said noticeor request shall be mailed or delivered by hand to the other party at the address provided in the schedule of thecontract. All modifications to the contract must be made in writing by the contracting officer.(End of clause)
.... .....
RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) FOR PERFORMANCE ON DEPARTMENT OF STATECONTRACTS (December 4, 2014)
1. Where contracts exceeding $150,000 will require the recruitment of TCNs, the offeror is required to submit a Recruitment Plan aspart of their proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.
2. Recruitment Plans must:
a) State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or coun-tries from which the contractor intends to recruit them. b)b) Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.c) State in the offer that the recruited employee will not be charged recruitment fees. The contractor or employer paysthe recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department ofState contracts.d) Recruitment fees include but are not limited to the following fees, charges, or costs:
i. for soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, or placing potentialemployees;
ii. for covering the cost, in whole or in part, of advertising;
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iii. for certifying labor applications;
iv. for processing petitions;
v. for visas and any fee that facilitates an employee obtaining a visa such as appointment and application fees;
vi. for government-mandated costs such as border crossing fees;
vii. for procuring photographs and identity documentation, including any nongovernmental passport fees;
viii. fees charged as a condition of access to the job opportunity, including procuring medical examinations and im-munizations and obtaining background, reference and security clearance checks and examinations; and
ix. for an employer’s recruiters, agents or attorneys.
e) Any fee, charge, or cost may be a recruitment fee regardless of whether it is deducted from wages, paid back in wageor benefit concessions, paid back as a kickback, bribe or tribute, remitted in connection with recruitment, or collectedby an employer or a third party, including but not limited to agents, recruiters, staffing firms (including private employ-ment and placement firms), subsidiaries/affiliates of the employer and any agent or employee of such entities.
f) Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocableto the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay forsimilar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonablenessof the individual components.
g) State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country laborlaws.
h) State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Traf-ficking in Persons.
i) Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.
3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The HousingPlan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets hostcountry housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards containedin their contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per personwithout a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer forapproval.
4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:
a) Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents orpassports. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code,Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purportedpassport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintainthe services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contract-or must be familiar with any local labor law restrictions on withholding employee identification documentation.
b) Contractor shall provide employees with signed copies of the/their employment contracts that define the terms ofemployment, compensation including salary, overtime rates, allowances, salary increases, job description, descriptionof any employer provided housing, benefits including leave accrual, and information on whether hazardous workingconditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin.Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach ofthis contract.
c) Contractor shall provide all employees with the Department’s “Know Your Rights” brochure and document that em-ployees have been briefed on the contents of the brochure. The English language version is available at ht-tp://www.state.gov/j/tip or from the Contracting Officer.
d) Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons in-
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cluding the requirements against commercial sex even in countries where it is legal and shall provide a copy of thebriefing to the Contracting Officer’s Representative.
e) Contractor shall display posters in worker housing advising employees in English and the dominant language of theTCNs being housed of the requirement to report violations of Trafficking in Persons to the company and the company’sobligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to theOffice of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at [email protected].
f) Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit,visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other coun-tries for contract performance except an employee legally permitted to remain in the country of work and who choosesto do so; including an employee who is a victim of trafficking seeking victim services and/or legal redress in the coun-try of employment and/or is a witness in a trafficking-related enforcement action.
g) Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors areaware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Con-tractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, re-cords, and housing for audit of compliance with the requirements of this clause.
h) The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third countrynationals for subcontractor performance.
5. For contracts or subcontracts other than commercially available off the shelf items with performance overseas valued at $500,000 ormore, offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have acompliance plan in place appropriate to the size and nature of the program to prevent human trafficking and to comply with the provi-sions of this clause. The certification will confirm that, to the best of its knowledge and belief of the signatory, neither the prime norsubcontractor have engaged in any trafficking related activities, including the procurement of a commercial sex act during the periodof the contract, the use of forced labor in the performance of the contract, acts that support trafficking in persons such as destroying orconfiscating employees’ documents or failing to provide return transportation, soliciting employees by use of fraud or charging re-cruitment fees or providing sub-standard housing described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or theprohibitions of this clause.
ADDENDUM TO CONTRACT CLAUSESFAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above,use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet"search engine" (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.
The following FAR and DOSAR clauses are incorporated by reference:
........ .........
SECTION 3 - SOLICITATION PROVISIONS
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
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This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full text available. Also,
the full text of a provision may be accessed electronically at:
http://acquisition.gov/far/index.html/ or http://farsite.hill.af.mil/search.htm
These addresses are subject to change. IF the FAR is not available at the locations indicated above, use of an In-ternet "search engine" (e.g., Yahoo, Infoseek, Alta Vista, etc.) is suggested to obtain the latest location of the
most current FAR provisions.
The following FAR and DOSAR solicitation provisions are incorporated by reference:
Clause Title
52.204-6 Unique Entity Identifier (Oct 2016)
52.204-7 System for Award Management (Oct 2016)
52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
52.204-17 Ownership or Control of Offeror (Jul 2016)
; ; ; ; ; ; ; ;
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)
52.214-34 Submission of Offers in the English Language (Apr 1991)
52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)
652.245-70 Status of Property Management System
52.212-1 Instructions to Offerors--Commercial Items (Jan 2017)
.......... ...........
The following FAR and DOSAR provisions are provided in full text:
......... ..........
ADDENDUM TO 52.212-1
1.0 Summary of instructions
Each proposal shall consist of two ( 2 ) separate volumes:
1.1 Volume 1-Price Proposal
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1.1.1 Completed SF-1449 (blocks 12, 17 and 30 as appropriate)1.1.2. Completed Section 1: B.6 Prices1.1.3 Completed Section 5 (Representations and Certifications)1.1.4 Company’s DUNS number and evidence of the company’s registration in SAM or certification that theofferor has applied for registration and that it shall be obtained within the shortest possible time. The SAM re-gistration is the pre-condition for award and if not obtained on time may cause the exclusion from competition.
1.2. Volume 2 – Technical Proposal
Part I
Offeror shall provide a narrative which shall include information demonstrating the offeror’s ability to performand meet the solicitation requirements, including, at a minimum:
Company information
1.2.0 Offeror’s experience information demonstrating that the contractor has sufficient work experience ofsimilar complexity and scope in providing services as required by Section 1, sub-section C. The informationshall include at least 3 references / examples with the sufficiently detailed description of the services performedto allow proper evaluation of the contractor’s experience.Provide the same information regarding any significant sub-contractor(s), including which portion of contractwork it is going to perform.
1.2.1 Contractor shall provide organizational charts detailing its operational structure. It shall demonstrate theavailability of sufficient on-site human resources as required for the performance of the service and shall de-scribe its approach as to how it will ensure that the volume of the services, as required by this contract, isrendered (Section 1)
• Has a minimum of three (3) full time employees in each of the 2 IBB sites, i.e. Biblis & Lampertheim.
• Has the necessary organizational structure, experience and skills or the ability to obtain them, taking into consider-ation all service- functions specified in Section 1, subsection C of the solicitation.
• Operates a comprehensive system of candidate testing during the recruitment process to guarantee that the person-nel selected to perform the services have the required qualifications to perform the major duties and responsibilitiesto fulfill Government requirements completely, and in a manner which meets or exceeds commercial standards ofquality.
General
1.2.6 In accordance with DOSAR 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999) theofferor shall certify that the authorization to operate and do business in Germany has been obtained or provide acomprehensive description as to what steps the offeror has taken to obtain such authorization to perform. Thecontractor shall demonstrate that the licensing requirements in compliance with host national law shall be ful-filled in such a manner as to prevent the contractor’s failure to begin performance as required by this contract.
1.2.7 Provide evidence that the offeror operates an established business with a permanent address and tele-phone listing and has operational, financial and human resources, including adequate on-site operations, re-quired for the performance of this contract.
1.2.8 Provide company details: name of the person(s) who has/have the authority to obligate the companywith telephone number(s) and e-mail address(es); name of specific point(s) of contact with good command of
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spoken and written English.
Part II
Past performance
1.2.9Past Performance indicates how well the offeror has performed work on the projects like this solicitation fortheir past customers. Offerors shall submit three (3) references for projects, in the last five (5) years, of similarmagnitude and complexity to the work / services set forth in this solicitation and include the following informa-tion for each reference:Name, email address and telephone number of the customer.Contract number and contract amount, including brief description of project.Information regarding the Quality of Services.Information regarding Timeliness of Performance.Information regarding Price/Price Control.Information regarding Business Relations.Information regarding Customer Satisfaction.
Part III
Insurance
1.2.10 The Offeror shall provide documentation and/or certification that the company is either in possession of,or has the ability to obtain the required permits and insurances.
1.3 Period of acceptance of offers
Addendum: The 30-day period of acceptance of offers at FAR 52.212-1 (c) is changed to 90 calendar days.
1.4. Proposal delivery:
Proposals shall be submitted electronically, with the solicitation number SGE50017Q0117 in the subject line, tobe received at the following email addresses: [email protected] with copy to [email protected] later than Wednesday September 27, 2017, 15:00 CET ( Central EuropeanTime ).
Proposals received after this time will be considered late and may not be accepted.The use of electronic depositories is not permitted.
The proposals may not be submitted by fax.
NOTE: Offerors shall submit their Price Proposal ( Volume 1 ) as a separate document (file) and not in-clude it in the Technical Proposal ( Volume 2, Parts 1-3 ), as the Price Proposal will be evaluated independently.
Due to the limited receiving capacity, please split volumes and send with separate e-mails, if exceeding 10 MB.
The Government reserves the right to make award solely on the electronic proposal. However, if requested to doso by the Contracting Officer, the apparently successful offeror shall submit promptly the complete originalsigned proposal.
SITE VISIT
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Offerors are required to attend a pre-proposal Site Visit to be conducted on Friday September 22, 2017, 10:00 am CEST, atJoachim-Becher Strss 6, 60320 Frankfurt am Main
Offerors planning to attend the Site Visit must submit by email the names of their company's representatives (maximum of two) to theattention of Mr. Damian Richard at [email protected] at least 1 working day prior to the scheduled date.
Deadline for Submission of Questions: Interested offerors may submit any questions concerning the solicitation as soon as possiblebut not later than September 26, 2017, 15:00 CEST Time to Damian Richard at [email protected].
ADDENDUM TO SOLICITATION PROVISIONSFAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.233-2 Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with anagency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall beserved on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of re-ceipt from [Contracting Officer designate the official or location where a protest may be served on the Con-tracting Officer.] .
(b) The copy of any protest shall be received in the office designated above within one day of filing a protestwith the GAO.
(End of provision)
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)
(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing re-strictive requirements from Department of State solicitations and removing barriers to full and open competitionand use of commercial items. If such a solicitation is considered competitively restrictive or does not appearproperly conducive to competition and commercial practices, potential offerors are encouraged first to contactthe contracting office for the solicitation. If concerns remain unresolved, contact:
(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Pro-curement Support Office, the A/LM/AQM Advocate for Competition, at [email protected].
(2) For all others, the Department of State Advocate for Competition at [email protected].
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential of-ferors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombuds-man is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evalu-ation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of con-cerns, issues, disagreements, and recommendations of interested parties to the appropriate Government person-
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nel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidenti-ality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, thesource selection process, or the adjudication of formal contract disputes. Interested parties are invited to contactthe contracting activity ombudsman, Raymond Bouford, at 703-875-5429 or fax 703-875-6155. For an Americ-an Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Con-cerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level maybe referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department ofState, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washing-ton, DC 20520.
(End of provision)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
(a) Definitions.As used in this provision:'Foreign person' means any person other than a United States person as defined below.'United States person' means any United States resident or national (other than an individual resident outside theUnited States and employed by other than a United States person), any domestic concern (including any per-manent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including anypermanent foreign establishment) of any domestic concern which is controlled in fact by such domestic con-cern, as provided under the Export Administration Act of 1979, as amended.(b) Certification.By submitting this offer, the offeror certifies that it is not:(1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab Leaguecountries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) pro-hibits a United States person from taking; or,(2) Discriminating in the award of subcontracts on the basis of religion.(End of provision)
............ .............
SECTION 4 - EVALUATION FACTORS
52.212-2 Evaluation - Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the soli-citation is the lowest price, technically acceptable. The following factors shall be used to evaluate offers::
(i) Price;(ii) technical capability of the offered services to meet the Government requirement;(iii) past peformance;
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for thebasic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac-ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified ex-
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piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless awritten notice of withdrawal is received before award.
(End of provision)
Addendum to 52.212-2 EVALUATION- COMMERCIAL ITEMS (OCT 2014)
Technical capability/acceptability shall be evaluated based on the offeror’s response to the requirements of Volume 2 (TechnicalProposal), Part I ( 1.2.0-1.2.6 ) to determine to what extent the proposal fulfils the requirements of the solicitation.
Price: the line items in Section 1, Sub-Section B.6 Prices of this solicitation will be awarded on an aggregate basis for all solicitationitems. Proposals that do not offer all of the line items will not be eligible for award.
DBA Insurance for option years, because the price for this CLIN is required only for CLIN 002 ( base year ). The amount inserted forDBA shall be included in the total for base year. Totals for option year will not include any DBA insurance cost. The Government willevaluate prices based on the grand total which will be the sum of totals for base year plus 4 option years.
Offeror’s Past Performance: the past performance information as required in Volume 2 (Technical Proposal), Part II will be evalu-ated in order to determine how well the offeror performed on the projects similar to this solicitation. If the Government is aware ofother relevant past performance by the offeror it may evaluate that information in addition to the information provided by the offeror.
Clause Title
52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)
http://ice.cgfs.state.sbu/ ;
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SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
52.212-3 Offeror Representations and Certifications—Commercial Items.(JAN 2017)(DEVIATION2017-01)As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications—Commercial Items (JAN 2017)(DEVIATION 2017-01)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual repres-entations and certification electronically via the System for Award Management (SAM) Web site located at ht-tps://www.sam.gov/portal.If the Offeror has not completed the annual representations and certifications elec-tronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.(a) Definitions. As used in this provision—Economically disadvantaged women-owned small business (EDWOSB) concern means a small business con-cern that is at least 51 percent directly and unconditionally owned by, and the management and daily businessoperations of which are controlled by, one or more women who are citizens of the United States and who areeconomically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-ownedsmall business eligible under the WOSB Program.Forced or indentured child labor means all work or service—(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and
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for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accom-plished by process or penalties.Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns orcontrols one or more entities that control an immediate owner of the offeror. No entity owns or exercises controlof the highest level owner.Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of con-trol include, but are not limited to, one or more of the following: Ownership or interlocking management, iden-tity of interests among family members, shared facilities and equipment, and the common use of employees.Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted do-mestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.395(c).Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies;(3) PSG 88, Live Animals;(4) PSG 89, Subsistence;(5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) PSC 9610, Ores;(9) PSC 9620, Minerals, Natural and Synthetic; and(10) PSC 9630, Additive Metal Materials.Place of manufacture means the place where an end product is assembled out of components, or otherwisemade or processed from raw materials into the finished product that is to be provided to the Government. If aproduct is disassembled and reassembled, the place of reassembly is not the place of manufacture.Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.Restricted business operations means business operations in Sudan that include power production activities,mineral extraction activities, oil-related activities, or the production of military equipment, as those terms aredefined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business opera-tions do not include business operations that the person (as that term is defined in Section 2 of the Sudan Ac-countability and Divestment Act of 2007) conducting the business can demonstrate—(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Depart-ment of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted undersuch authorization;(3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarianorganization;(5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended.Sensitive technology—(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used spe-cifically—(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have theauthority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic PowersAct (50 U.S.C. 1702(b)(3)).Service-disabled veteran-owned small business concern—(1) Means a small business concern—
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(i) Not less than 51 percent of which is owned by one or more service—disabled veterans or, in the case of anypublicly owned business, not less than 51 percent of the stock of which is owned by one or more service-dis-abled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled vet-erans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanentcaregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).Small business concern means a concern, including its affiliates, that is independently owned and operated, notdominant in the field of operation in which it is bidding on Government contracts, and qualified as a small busi-ness under the criteria in 13 CFR Part 121 and size standards in this solicitation.Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern un-der the size standard applicable to the acquisition, that—(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (asdefined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking intoaccount the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) byindividuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.Subsidiary means an entity in which more than 50 percent of the entity is owned—(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation.Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs ofthe predecessor under a new name (often through acquisition or merger). The term “successor” does not includenew offices/divisions of the same company or a company that only changes its name. The extent of the respons-ibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific cir-cumstances.Veteran-owned small business concern means a small business concern—(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, inthe case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or moreveterans; and(2) The management and daily business operations of which are controlled by one or more veterans.Women-owned business concern means a concern which is at least 51 percent owned by one or more women; orin the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; andwhose management and daily business operations are controlled by one or more women.Women-owned small business concern means a small business concern—(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, atleast 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women.Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFRpart 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, andthe management and daily business operations of which are controlled by, one or more women who are citizensof the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) ofthis provision do not automatically change the representations and certifications posted on the SAM website.(2) The offeror has completed the annual representations and certifications electronically via the SAM websiteaccessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror veri-fies by submission of this offer that the representations and certifications currently posted electronically at FAR52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in thelast 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size
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standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incor-porated in this offer by reference (see FAR 4.1201), except for paragraphs _____.[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completedfor the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, ac-curate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update tothe representations and certifications posted electronically on SAM.](c) Offerors must complete the following representations when the resulting contract will be performed in theUnited States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it # is, # is not a small business con-cern.(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it # is, # is not aveteran-owned small business concern.(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as aveteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part ofits offer that it # is, # is not a service-disabled veteran-owned small business concern.(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents that it # is, # is not a small disadvantagedbusiness concern as defined in 13 CFR 124.1002.(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents that it # is, # is not a women-owned smallbusiness concern.(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a wo-men-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—(i) It # is, # is not a WOSB concern eligible under the WOSB Program, has provided all the required documentsto the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects itseligibility; and(ii) It # is, # is not a joint venture that complies with the requirements of 13 CFR part 127, and the representa-tion in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Pro-gram participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eli-gible under the WOSB Program and other small businesses that are participating in the jointventure: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint ventureshall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the of-feror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] Theofferor represents that—(i) It # is, # is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, andno change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It # is, # is not a joint venture that complies with the requirements of 13 CFR part 127, and the representa-tion in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint ven-ture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that areparticipating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shallsubmit a separate signed copy of the EDWOSB representation.Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to ex-ceed the simplified acquisition threshold.(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a wo-men-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of thisprovision.] The offeror represents that it # is, a women-owned business concern.(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
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identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by of-feror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—(i) It # is, # is not a HUBZone small business concern listed, on the date of this representation, on the List ofQualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no mater-ial changes in ownership and control, principal office, or HUBZone employee percentage have occurred since itwas certified in accordance with 13 CFR Part 126; and(ii) It # is, # is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and therepresentation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concernparticipating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone smallbusiness concerns participating in the HUBZone joint venture: ____.] Each HUBZone small business concernparticipating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246—(1) Previous contracts and compliance. The offeror represents that—(i) It # has, # has not participated in a previous contract or subcontract subject to the Equal Opportunity clauseof this solicitation; and(ii) It # has, # has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that—(i) It # has developed and has on file, # has not developed and does not have on file, at each establishment, af-firmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and60-2), or(ii) It # has not previously had contracts subject to the written affirmative action programs requirement of therules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if thecontract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its know-ledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencingor attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employeeof Congress or an employee of a Member of Congress on his or her behalf in connection with the award of anyresultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contacton behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMBStandard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror neednot report regularly employed officers or employees of the offeror to whom payments of reasonable compensa-tion were made.(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,Buy American—Supplies, is included in this solicitation.)(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a do-mestic end product and that for other than COTS items, the offeror has considered components of unknown ori-gin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreignend products those end products manufactured in the United States that do not qualify as domestic endproducts, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) ofthe definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,”“component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined inthe clause of this solicitation entitled “Buy American—Supplies.”(2) Foreign End Products:Line Item No.:Country of Origin:(List as necessary)(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause atFAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)
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(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this pro-vision, is a domestic end product and that for other than COTS items, the offeror has considered components ofunknown origin to have been mined, produced, or manufactured outside the United States. The terms“Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free TradeAgreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States”are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli TradeAct.”(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other thanBahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in theclause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Per-uvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary](iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free TradeAgreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manu-factured in the United States that do not qualify as domestic end products, i.e., an end product that is not aCOTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End ProductsLine Item No.:Country of Origin:(List as necessary)(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for para-graph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause ofthis solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:Line Item No.
$(List as necessary)(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for para-graph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products asdefined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian or Israeli End Products:Line Item No.
Country of Origin
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$(List as necessary)(g)(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III tothe clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for para-graph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (otherthan Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products asdefined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian,or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary](5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is includedin this solicitation.)(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is aU.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agree-ments”.(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated countryend products.Other End Products:
Line item No. Country of origin
[List as necessary](iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. Forline items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated countryend products without regard to the restrictions of the Buy American statute. The Government will consider foraward only offers of U.S.-made or designated country end products unless the Contracting Officer determinesthat there are no offers for such products or that the offers for such products are insufficient to fulfill the re-quirements of the solicitation.(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract valueis expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledgeand belief, that the offeror and/or any of its principals—(1) # Are, # are not presently debarred, suspended, proposed for debarment, or declared ineligible for the awardof contracts by any Federal agency;(2) # Have, # have not, within a three-year period preceding this offer, been convicted of or had a civil judg-ment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, at-tempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Fed-eral or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, for-gery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federalcriminal tax laws, or receiving stolen property,(3) # Are, # are not presently indicted for, or otherwise criminally or civilly charged by a Government entitywith, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) Have,# have not, within a three-year period preceding this offer, been notified of any delinquent Federaltaxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
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(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability isnot finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay thetax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced col-lection action is precluded.(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitlesthe taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is nota final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the tax-payer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer hasbeen issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lienfiling. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the tax-payer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a finaltax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer hasexercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is makingtimely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because thetaxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [TheContracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation thatare included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor,unless excluded at 22.1503(b).](1) Listed end products.
Listed End Product
Listed Countries of Origin
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph(i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriateblock.]# (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,produced, or manufactured in the corresponding country as listed for that product.# (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, pro-duced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it hasmade a good faith effort to determine whether forced or indentured child labor was used to mine, produce, ormanufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certi-fies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manu-factured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufactureof the end products it expects to provide in response to this solicitation is predominantly—(1) # In the United States (Check this box if the total anticipated price of offered end products manufactured inthe United States exceeds the total anticipated price of offered end products manufactured outside the UnitedStates); or(2) # Outside the United States.
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(k) Certificates regarding exemptions from the application of the Service Contract LaborStandards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certi-fication as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting of-ficer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.](1)# Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offer-or # does # does not certify that—(i) The items of equipment to be serviced under this contract are used regularly for other than Governmentalpurposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in sub-stantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (seeFAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under thecontract will be the same as that used for these employees and equivalent employees servicing the same equip-ment of commercial customers.(2)# Certain services as described in FAR 22.1003-4(d)(1). The offeror # does # does not certify that—(i) The services under the contract are offered and sold regularly to non-Governmental customers, and areprovided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substan-tial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or marketprices (see FAR 22.1003-4(d)(2)(iii));(iii) Each service employee who will perform the services under the contract will spend only a small portion ofhis or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or lessthan 20 percent of available hours during the contract period if the contract period is less than a month) servi-cing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under thecontract is the same as that used for these employees and equivalent employees servicing commercial custom-ers.(3) If paragraph (k)(1) or (k)(2) of this clause applies—(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer didnot attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify theContracting Officer as soon as possible; and(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certificationin paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph(k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is re-quired to provide this information to the SAM database to be eligible for award.)(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision tocomply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of theofferor's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the pay-ment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS re-cords to verify the accuracy of the offeror's TIN.(3) Taxpayer Identification Number (TIN).# TIN: __________.# TIN has been applied for.# TIN is not required because:# Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effect-ively connected with the conduct of a trade or business in the United States and does not have an office or placeof business or a fiscal paying agent in the United States;# Offeror is an agency or instrumentality of a foreign government;
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# Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization.# Sole proprietorship;# Partnership;# Corporate entity (not tax-exempt);# Corporate entity (tax-exempt);# Government entity (Federal, State, or local);# Foreign government;# International organization per 26 CFR 1.6049-4;# Other _____.(5) Common parent.# Offeror is not owned or controlled by a common parent;# Name and TIN of common parent:Name __________.TIN __________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offerordoes not conduct any restricted business operations in Sudan.(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permit-ted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic cor-poration, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or therequirement is waived in accordance with the procedures at 9.108-4.(2) Representation. The Offeror represents that—(i) It # is, # is not an inverted domestic corporation; and(ii) It # is, # is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1)The offeror shall email questions concerning sensitive technology to the Department of State at [email protected].(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in para-graph (o)(3) of this provision, by submission of its offer, the offeror—(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technologyto the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the dir-ection of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activitiesfor which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage inany transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or af-filiates, the property and interests in property of which are blocked pursuant to the International EmergencyEconomic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Per-sons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provi-sion); and(ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered inSAM or a requirement to have a unique entity identifer in the solicitation).(1) The Offeror represents that it # has or # does not have an immediate owner. If the Offeror has more than oneimmediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,paragraph (3) of this provision for each participant in the joint venture.(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____.Immediate owner legal name: ____.
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(Do not use a “doing business as” name)Is the immediate owner owned or controlled by another entity: # Yes or # No.(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner isowned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:____.Highest-level owner legal name: ____.(Do not use a “doing business as” name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Fed-eral Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further ContinuingAppropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriationsacts, The Government will not enter into a contract with any corporation that—(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedieshave been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreementwith the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaidtax liability, unless an agency has considered suspension or debarment of the corporation and made a determin-ation that suspension or debarment is not necessary to protect the interests of the Government; or(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, wherethe awarding agency is aware of the conviction, unless an agency has considered suspension or debarment ofthe corporation and made a determination that this action is not necessary to protect the interests of the Govern-ment.(2) The Offeror represents that—(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which alljudicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timelymanner pursuant to an agreement with the authority responsible for collecting the tax liability; and(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law withinthe preceding 24 months.(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial andGovernment Entity Code Reporting.)(1) The Offeror represents that it # is or # is not a successor to a predecessor that held a Federal contract orgrant within the last three years.(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for allpredecessors that held a Federal contract or grant within the last three years (if more than one predecessor, listin reverse chronological order):Predecessor CAGE code: ____ (or mark “Unknown”).Predecessor legal name: ____.(Do not use a “doing business as” name).(s) RESERVED(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that re-quire offerors to register in SAM (52.212-1(k)).(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in theprior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federalcontract awards in the prior Federal fiscal year.(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itselfor through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gasemissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, per-formed in accordance with an accounting standard with publicly available and consistently applied criteria, suchas the Greenhouse Gas Protocol Corporate Standard.(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly dis-close a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse
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gas emissions reporting program.(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offerorshall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are re-ported.(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Ap-propriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and asextended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwisemade available) funds for contracts with an entity that requires employees or subcontractors of such entity seek-ing to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or oth-erwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to adesignated investigative or law enforcement representative of a Federal department or agency authorized to re-ceive such information.(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Stand-ard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented In-formation Nondisclosure Agreement), or any other form issued by a Federal department or agency governingthe nondisclosure of classified information.(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees orsubcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwiserestricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the per-formance of a Government contract to a designated investigative or law enforcement representative of a Federaldepartment or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)Alternate I (OCT 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provi-sion:(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)_Black American._Hispanic American._Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians)._Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Re-public of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Is-lands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)._Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, SriLanka, Bhutan, the Maldives Islands, or Nepal)._Individual/concern, other than one of the preceding.
(End of provision)
52.209-7 Information Regarding Responsibility Matters (Jul 2013)
(a) Definitions. As used in this provision --
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a de-termination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, CivilianBoard of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This in-cludes administrative proceedings at the Federal and State level but only in connection with performance of aFederal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans,or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means--
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(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisoryresponsibilities within a business entity (e.g., general manager; plant manager; head of a division or businesssegment; and similar positions).
(b) The offeror __ has __ does not have current active Federal contracts and grants with total value greater than$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of thisoffer, that the information it has entered in the Federal Awardee Performance and Integrity Information System(FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the follow-ing information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection withthe award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, atthe Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise withan acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specifiedin paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provi-sion, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIISas required through maintaining an active registration in the System for Award Management database via ht-tps://www.acquisition.gov. (see 52.204-7).
(End of provision)
............... ................
ADDENDUM TO OFFEROR REPRESENTATIONS AND CERTIFICATIONSPROVISION(S) NOT PRESCRIBED IN PART 12
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Defense Base Act (DBA) – Covered Contractor Employees under DBA
(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will beemployed on the resultant contract, and, if so, the number of such employees:
Category Yes/No Number(1) United States citizens or resid-ents(2) Individuals hired in the UnitedStates, regardless of citizenship(3) Local nationals or third countrynationals where contract perform-ance takes place in a country wherethere are no local worker’s compens-ation laws
Local Nationals:Third Country Nationals:
(4) Local nationals or third countrynationals where performance takesplace in a country where there arelocal worker’s compensation laws
Local Nationals:Third Country Nationals:
(b) For U.S. contract’s services performed overseas with the above categories of employees (1), (2) & (3),DBA insurance is required and must be included, regardless of the employee’s country of residence.
(c) If the bidder/offeror has indicated “yes” in category (4) above, DBA insurance may be waived only forwork performed in the host country which is on the current DOL’s Active Waiver List. Such waver is valid for(1) Host Country Nationals (HCNs) and (2) Third Country Nationals (TCNs), providing that TCNs are includedin coverage under the local Worker’s Compensation Laws.( See Section 1, 1.16 and for further informationFAR 52.228-4 Worker’s Compensation and War-Hazard Insurance Overseas).
Contractor Recruitment of Third Country Nationals (TCNs)
Definition: For the purposes of this solicitation/contract, a Third Country National is a citizen (national) of acountry other than the United States or the Contractor’s country of performance.
If the offeror has entered a number for “Third Country Nationals” under category 3 or 4 above, the offeror certi-fies that:
(i) [ ] The Contractor will provide accommodation for the listed TCNs.
(ii) [ ] The Contractor will not provide accommodation for the listed TCNs.
(End of provision)
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Certification (05/95)
By signing below, the offeror indicates that, to the best of their knowledge, all of the representations and certi-fications provided in response to the questions contained in “Section 5” are accurate, current, and complete andthat the offeror is aware of a penalty prescribed in 18 U.S.C. 1001 for making false statements.
