Blanket Purchase Agreement (BPA) Instructions

**[This BPA for the repair/replacement of household appliances shall be
awarded to a minimum of three vendors. Calls for services under this BPA
shall rotate equitably among the BPA holders]{.underline}**

Placing Orders

BPA orders are generally placed orally or in person. When authorized by
the BPA to place an order, you should provide the vendor with the
following information:

1.  Title, name and office of the caller. This must be with an
    authorized ordering person cited in the BPA as an authorized caller.

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1.  BPA Number

2.  Date Order is Placed

3.  Services desired and quantities. The unit prices and extension of
    prices less discounts must be agreed upon at this point.

4.  Date of Service

5.  At a minimum include the BPA number and the ordering office.

**Documenting Orders Placed Against BPAs**

Any purchase made pursuant to this agreement will be based on quotations
obtained orally by telephone or personal contact at the time the
Government's need for the service arises by an ordering
official/authorized caller. The authorized caller, who places the order,
will provide full information of the time and location where the vehicle
must be. The vendor shall provide the all information of the vehicle
(plate number, color and make and model of the vehicle). After the
service has been provided, the repair technician shall fill out the
ticket which must indicate the date of service, repairs completed and/or
appliance replaced if unable to repair. The service order must be signed
by the embassy employee. The employee in turn submits their copy of the
service order to the authorized caller and/or BPA Administrator.

Like all other purchases, the BPA must be backed by a commitment of
funds. To ensure adequate funding, it is essential to maintain records
of all orders placed against a BPA. Attached is a copy of the log that
must be maintained. **The log shall be sent to the Financial Management
Office by the fifth work** day of each month and a **copy to the GSO**
office for filing with the official BPA file and reporting transactions
to the State/Federal Procurement Data System (S/FPDS).

The use of BPAs does not exempt us from the responsibility for keeping
obligations and expenditures within committed funds. If the BPA was
backed by a commitment of bulk funds, **it is your responsibility to
ensure that funding levels are not exceeded**, to avoid an
Anti-Deficiency Act violation. Contact the Financial Management Office
well in advance, if additional funding will be required.

**Invoices**

Invoices will be submitted directly to the Financial Management Office
for payment. Upon receipt of the supplies or services, you must sign the
vendor's delivery ticket receipt. The vendor must attach a copy of these
receipts with its invoice.

**Authorized Callers**

Only authorized callers named in the BPA may place orders against this
BPA. The Contracting Officer must make deletions or additions of
authorized callers through a modification to the BPA. Notify the GSO
Office of any proposed changes.

**Review**

We are required to review BPAs annually. Please notify the GSO Office of
any problems concerning the BPA. Contact the GSO Office if the BPA is no
longer needed or if additional vendors for the same supplies or services
need to be issued a BPA.

Questions regarding this BPA should be referred to the Contracting
Officer/GSO.

Attachment:

BPA Log

American Embassy \_\_\_\_\_\_\_\_

> Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

##### MEMORANDUM

To: Facility Manager/Accountable Property Unit Supervisor ---

From: GSO --

Subject: BPA(s) for repair/replacement of household appliances

To whom it may concern,

My staff has set-up a BPA(s) for repair/replacement of household
appliances. Copy of subject BPA(s) is/are attached. I have also attached
a copy of the call log, a copy of which must be submitted to Finance and
to my office of the fifth workday of each month. Finance has committed
bulk funds for FY\_\_ as stated:

Dollars Committed BPA Number Name of Vendor(s)

Funds will be obligated at the time the order is placed. Funds that are
not used by the end of each fiscal year will no longer be available for
obligation. You must request bulk funding for the continuing years.

Attachments:

As Stated.

<table>
<colgroup>
<col style="width: 10%" />
<col style="width: 9%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 6%" />
<col style="width: 4%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 7%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 2%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="14"><strong>ORDER FOR SUPPLIES OR SERVICES</strong></td>
<td colspan="6"><strong>PAGE OF PAGES</strong></td>
</tr>
<tr class="even">
<td colspan="14">IMPORTANT: Mark all packages and papers with contract
and/or order numbers.</td>
<td colspan="4">1</td>
<td colspan="2"><strong>#</strong></td>
</tr>
<tr class="odd">
<td colspan="3">1. DATE OF ORDER</td>
<td colspan="5">2. CONTRACT NO. <em>(If any)</em></td>
<td colspan="12">6. SHIP TO:</td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="12">a. NAME OF CONSIGNEE</td>
</tr>
<tr class="odd">
<td colspan="3">3. ORDER NO.</td>
<td colspan="5">4. REQUISITION/REFERENCE NO.</td>
<td colspan="12"></td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="12">b. STREET ADDRESS</td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td colspan="12"></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="6">c. CITY</td>
<td colspan="3">d. STATE</td>
<td colspan="3">e. ZIP CODE</td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td colspan="6"></td>
<td colspan="3"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="8">7. TO:</td>
<td colspan="12">f. SHIP VIA</td>
</tr>
<tr class="odd">
<td colspan="8">a. NAME OF CONTRACTOR</td>
<td colspan="12"></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="12">8. TYPE OF ORDER</td>
</tr>
<tr class="odd">
<td colspan="8">b. COMPANY NAME</td>
<td colspan="6">[ ] a. PURCHASE</td>
<td colspan="6">[ ] b. DELIVERY -- Except</td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="6">REF YOUR: ________________</td>
<td colspan="6">for billing instructions on the reverse, this</td>
</tr>
<tr class="odd">
<td colspan="8">c. STREET ADDRESS</td>
<td colspan="6">Please furnish the following on the terms</td>
<td colspan="6">delivery order is subject to instructions</td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="6">And conditions specified on both sides of</td>
<td colspan="6">contained on this side only of this form</td>
</tr>
<tr class="odd">
<td colspan="3">d. CITY</td>
<td colspan="2">e. STATE</td>
<td colspan="3">f. ZIP CODE</td>
<td colspan="6">This order and on the attached sheet, if</td>
<td colspan="6">and is issued subject to the terms and</td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="2"></td>
<td colspan="3"></td>
<td colspan="6">Any, including delivery as indicated.</td>
<td colspan="6">conditions of the above-numbered contract.</td>
</tr>
<tr class="odd">
<td colspan="8"><p>9. ACCOUNTING AND APPROPRIATION DATA</p>
<blockquote>
<p><strong>Funds will be obligated at the time an order is
placed.</strong></p>
</blockquote></td>
<td colspan="12">10. REQUISITIONING OFFICE</td>
</tr>
<tr class="even">
<td colspan="20"><p>11. BUSINESS CLASSIFICATION <em>(Check appropriate
box(es))</em></p>
<blockquote>
<p> a. SMALL b. OTHER THAN SMALL c. DISADVANTAGED d. WOMEN-OWNED</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="6"><p>12. F.O.B. POINT</p>
<blockquote>
<p><strong>Destination</strong></p>
</blockquote></td>
<td colspan="5">14. GOVERNMENT B/L NO.</td>
<td colspan="5">15. DELIVER TO F.O.B. POINT ON OR BEFORE
<em>(Date)</em></td>
<td colspan="4">16. DISCOUNT TERMS</td>
</tr>
<tr class="even">
<td colspan="6">13. PLACE OF</td>
<td colspan="5"><strong>N/A</strong></td>
<td colspan="5"><strong>Indefinite</strong></td>
<td colspan="4"><strong>Net 30</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><p>a. INSPECTION</p>
<p><strong>See Block 6</strong></p></td>
<td colspan="4"><p>b. ACCEPTANCE</p>
<p><strong>See Block 6</strong></p></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="20">17. SCHEDULE <em>(See reverse for Rejections)</em></td>
</tr>
<tr class="odd">
<td><p>ITEM NO.</p>
<p>(a)</p></td>
<td colspan="8"><p>SUPPLIES OR SERVICES</p>
<p>(b)</p></td>
<td colspan="3"><p>QUANTITY</p>
<p>ORDERED</p>
<p>(c)</p></td>
<td><p>UNIT</p>
<p>(d)</p></td>
<td colspan="2"><p>UNIT</p>
<p>PRICE</p>
<p>(e)</p></td>
<td colspan="4"><p>AMOUNT</p>
<p>(f)</p></td>
<td><p>QUANTITY</p>
<p>ACCEPTED</p>
<p>(g)</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="8"><p><strong>Blanket Purchase Agreement for the
repair/replacement of household appliances.</strong></p>
<p><strong>See attached terms and conditions and FAR/DOSAR</strong></p>
<p><strong>Clauses</strong></p></td>
<td colspan="3"></td>
<td></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="3">18. SHIPPING POINT</td>
<td colspan="5">19. GROSS SHIPPING WEIGHT</td>
<td colspan="6">20. INVOICE NO.</td>
<td colspan="4"></td>
<td>17(h) TOT.</td>
</tr>
<tr class="even">
<td><em>SEE</em></td>
<td colspan="14">21. MAIL INVOICE TO:</td>
<td colspan="4"></td>
<td><em>(Cont.</em></td>
</tr>
<tr class="odd">
<td><em>BILLING</em></td>
<td colspan="14">a. NAME</td>
<td colspan="4"></td>
<td><em>pages)</em></td>
</tr>
<tr class="even">
<td><em>INSTRUCTIONS</em></td>
<td colspan="14"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td><em>ON</em></td>
<td colspan="14">b. STREET ADDRESS <em>(or P.O. Box)</em></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td><em>REVERSE</em></td>
<td colspan="14"></td>
<td colspan="4"></td>
<td>17(i)</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="6">c. CITY</td>
<td colspan="3">d. STATE</td>
<td colspan="5">e. ZIP CODE</td>
<td colspan="4"></td>
<td>GRAND</td>
</tr>
<tr class="even">
<td></td>
<td colspan="6"></td>
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td>TOTAL</td>
</tr>
<tr class="odd">
<td colspan="10"><p>22. UNITED STATES OF</p>
<p>AMERICA BY <em>(Signature)</em></p></td>
<td colspan="10"><p>23. NAME <em>(Typed)</em></p>
<blockquote>
<p>TITLE: CONTRACTING/ORDERING OFFICER</p>
</blockquote></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION **OPTIONAL FORM 347** (REV. 6/95)

1.  **BPA Number: \_\_\_\_\_\_\_\_\_\_\_\_\_**

> The American Embassy \_\_\_\_\_\_\_\_\_ invites you to enter into this
> BPA that establishes the terms and conditions applicable to the
> acquisition for the repair/replacement of household appliances. See
> attached Statement of Work, attachment one.

1.  **Expiration Date: \_\_\_\_\_\_\_\_\_\_\_\_\_**

2.  **Embassy Estimate:** The Embassy estimates that the volume of
    service through this agreement will be \_\_\_\_\_\_\_\_\_\_\_\_\_
    **.**

3.  **Terms and Conditions:** (1) The Embassy is NOT obligated to
    purchase any definite amount under this agreement; (2) The amount of
    any one purchase will not exceed \_\_\_\_\_ ; individual purchases
    exceeding \$3,000 must comply with FAR 13.106; (3) The total amount
    ordered under this agreement shall not exceed
    \_\_\_\_\_\_\_\_\_; (4) The orders for services will be placed only
    by authorized employees based on current tariffs for service.

4.  **BPA Administrator**

> \_\_\_\_\_\_\_\_\_\_\_\_\_, Facility Manager/Accountable Property Unit
> Supervisor

5.  **Authorized Employees and Ordering Limitations:**

**[Name]{.underline} [Job Title]{.underline} [Dollar
Limitation]{.underline}**

6.  **Delivery Tickets:** All services must be accompanied by a delivery
    ticket or sales slip that must contain the following minimum
    information:

    a.  Name of supplier

    b.  BPA number

    c.  Date of service

    d.  Purchase number

    e.  Itemized list of services furnished

    f.  Price, less applicable discounts

    g.  Name of the authorized employee

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1.  **Invoices:** A summary invoice shall be submitted monthly or upon
    expiration of this BPA, whichever occurs first, for all services
    made during a billing period. The invoice shall identify the
    delivery tickets covered therein, stating the total dollar value and
    supported by copies of the delivery tickets.

2.  **FAR and DOSAR clauses:** FAR and DOSAR clauses attached to this
    BPA shall apply to all purchases made under this BPA. In the event
    of an inconsistency between the provisions of this BPA and your
    invoice, the provisions of the BPA shall take precedence.

3.  **Acceptance:** You are requested to acknowledge acceptance of this
    BPA, including its terms, conditions and clauses by signing and
    returning a copy to GSO Procurement section, U.S. Embassy
    \_\_\_\_\_\_\_\_\_\_\_.

> Signature of BPA Holder
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> BPA Accepted Date
>
> WORK REQUIREMENTS
>
> [Project Manager]{.underline}
>
> The BPA holder shall designate a Project Manager who shall be the BPA
> Holder's point of contact. The Project Manager shall be responsible
> for managing the BPA holder's work under this agreement, including
> delegating requests with any instruction required and ensuring a
> smooth and effective operation. The BPA Holder's Project Manager and
> telephone number are:
>
> Project Manager: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Telephone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> [Documentation of Usage -- Repair order procedures]{.underline}
>
> Any purchase made pursuant to this agreement will be based on
> quotations obtained orally by telephone or personal contact at the
> time the Government's need for the service arises by an ordering
> official/authorized caller (as designated in paragraph 5). The
> authorized caller, who places the order, will provide full information
> of the time and location where the repair/replacement of the defective
> appliance must be made. The vendor shall provide the all information
> of the appliance (make and model of the appliance, etc). After the
> service has been provided, the individual who repaired/replaced the
> appliance shall fill out the information which must indicate the date
> of service, and status of repair/replacement of the item which was
> serviced. The repair order must be signed by the embassy employee
> whose appliance has been repaired/serviced. The employee in turn
> submits their copy of the repair order to the authorized caller and/or
> BPA Administrator.
>
> [Replacement/Servicing]{.underline}
>
> The BPA Holder shall provide a replacement appliance equivalent to the
> type that requires replacement, due to breakdown, or any other reason
> in an expeditious timeframe as possible under the circumstances. This
> time frame for replacement of the defective appliance should be agreed
> upon once a determination has been made that replacement of an
> appliance is necessary between the affected employee, the BPA holder,
> the facilities maintenance officer or designee and the GSO/Contracting
> Officer.
>
> [Communication Equipment]{.underline}
>
> The BPA Holder shall provide two-way communication equipment (such as
> radios, cellular phones or pagers) which will be available for use by
> the repair/service technician at all times.
>
> [Personnel]{.underline}
>
> The BPA Holder shall provide qualified technicians for work to be
> performed under this BPA. Technicians employed to perform repair
> /replacement services shall be experienced and competent in the
> performance of such services and shall possess the appropriate license
> and insurance. The BPA Holder shall provide the Government all
> information required for technicians with any security clearance,
> accreditation and licenses required to provide services under this
> BPA. All personnel assigned for the performance of the respective
> services shall be regular employees of the BPA Holder. The BPA Holder
> shall be responsible for any corrective action, within the scope of
> this BPA, which may be required by the Government as a result of
> ascertained poor services.
>
> [Language Standards]{.underline}
>
> English Skills -- Each technician must be able to speak English at
> least a level 2. This level is defined as follows:
>
> **Speaking Level 2** (*Limited Working Proficiency*)
>
> [Able to satisfy routine social demands and limited work
> requirements.]{.underline}

-   Can handle routine work-related interactions that are limited in
    scope.

-   In more complex and sophisticated work-related tasks, usage
    generally disturbs the native speaker.

-   Can handle with confidence, but not with facility, most normal
    high-frequency social conversational situations, including extensive
    but casual conversations about current events, as well as work,
    family, and autobiographical information.

-   The individual can comprehend most everyday conversations, but has
    some difficulty understanding native speakers in situations that
    require specialized or sophisticated knowledge

-   The individual's utterances are minimally cohesive to articulate
    basic concepts.

-   Linguistic structure is usually not very elaborate and not
    thoroughly controlled; errors are frequent.

-   Vocabulary use is appropriate for high-frequency utterances, but
    unusual or imprecise elsewhere.

***Examples:***

1.  *While these interactions will vary widely from individual to
    individual, the individual can typically ask and answer predictable
    questions in the workplace and give straightforward instructions to
    subordinates.*

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1.  *The individual can participate in personal and accommodation-type
    interactions with elaboration and facility; that is, can give and
    understand complicated, detailed and extensive directions and make
    non-routine changes in travel and accommodation arrangements.*

2.  *Simple structures and basic grammatical relations are typically
    controlled; however, there are areas of weakness.*

3.  *In the commonly taught languages, these \[areas of weakness\] may
    be simple markings such as plurals, articles, linking words, and
    negatives, or more complex structures such as tense/aspect usage,
    case morphology, passive constructions, word order, and embedding.*

> [Local Knowledge]{.underline}
>
> Be completely familiar with the metropolitan \_\_\_\_\_\_\_\_ area so
> as to know alternate routes should primary routes be impassable or
> otherwise not the best alternative at any given time.
>
> [Liability]{.underline}
>
> The BPA Holder assumes absolute responsibility and liability for any
> and all personal injuries or death and/or property damage or losses
> suffered due to negligence of the BPA Holder's personnel in the
> performance of the services required under this agreement.
>
> [Insurance]{.underline}
>
> The BPA Holder, at its own expense, shall provide and maintain during
> the entire period of performance of this Agreement, whatever insurance
> is legally necessary. The BPA Holder shall procure and maintain
> insurance during the entire period of performance under this BPA.
>
> [Supplies and Equipment]{.underline}
>
> The BPA holder shall provide all services, materials, supplies, labor,
> trade tools, equipment, maintenance services and supervision required
> for performance under this agreement.

[Required Time Frame for Repair]{.underline}

 

> For Emergency Services involving life safety and health condition
> (Example- During cold season, the furnace breaks and becomes
> non-functional):

    

> The BPA holder shall repair the appliance/service WITHIN FOUR HOURS
> whether the service is required during the week day or holidays. The
> BPA holder shall have the capability to provide required spare parts
> and/or spare unit to replace the faulty/defective unit WITHIN FOUR
> HOURS after start of repair.

 

> For Non- Emergency Service (Example- Heating stove, non emergency
> electrical socket etc):

 

> The service shall be restored within 24 hours of reporting the problem
> during the weekday and on the very first working day after the holiday
> if the problem occurs during the holiday.
>
> [Compliance Required]{.underline}
>
> The BPA Holder shall, without additional expense to the Government, be
> responsible for complying with all laws, codes, ordinances, and
> regulations applicable to the performance of the work, including those
> of the host country, and with the lawful orders of any governmental
> authority having jurisdiction. Unless otherwise directed by the
> Government, the BPA Holder shall comply with the more stringent of the
> requirements of such laws, regulations and orders. In the event of a
> conflict among the contract and such laws, regulations and orders, the
> BPA Holder shall promptly advise the Government of the conflict and of
> the BPA Holder's proposed course of action for resolution by the
> Government. The BPA Holder shall be responsible for all damages to
> persons or property that occur as a result of the BPA Holders' fault
> or negligence, and shall take proper safety and health precautions to
> protect the work, the workers, the public, and the property of others.

CLAUSES FOR BLANKET PURCHASE AGREEMENTS AWARDED BY OVERSEAS CONTRACTING
ACTIVITIES

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 request,
the Contracting Officer will make their full text available. Also, the
full text of a clause 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 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](http://www.statebuy.gov/home.htm) 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.

[FAR 52.212-4, CONTRACT TERMS AND CONDITIONS \-- COMMERCIAL ITEMS -- ALT
I (FEB 2007), IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK
27B).]{.underline}

ADDENDUM TO 52.212-4

None

*\[Note to Contracting Officer: FAR 52.212-5*

-   ***This clause may NOT be tailored. You may not delete any portion
    of it, but many portions are marked "reserved".***

-   ***Use this clause in its present form IF you will be soliciting
    ONLY non-U.S. firms.***

-   ***Use this clause as it appears in FAR IF you will be soliciting
    U.S. firms or a combination of U.S and non-U.S. firms. If you need
    help finding the complete FAR version of the clause, contact your
    A/OPE desk officer.***

-   ***Regardless of which form of this clause is used, you are required
    to place an "X" next to the portions which lead off with an
    underline. We have placed an "X" next to those portions that
    normally apply. If you think other portions apply, please highlight
    these portions when you send the solicitation for A/OPE for review
    and place an "X" on the line preceding that paragraph.\]***

[52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders - Commercial Items (MAR 2007)]{.underline}

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

    1.  52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

    2.  52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)
        (Public L. 108-77, 108-78).

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

*\[Contracting Officer check as appropriate\]*

+---+------------------------------------------------------------------+
|   | ## Clause Number and Title                                       |
+---+------------------------------------------------------------------+
| X | \(1\) 52.203-6, Restrictions on Subcontractor Sales to the       |
|   | Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C.       |
|   | 2402). *\[Check if order exceeds \$100,000\]*                    |
+---+------------------------------------------------------------------+
|   | \(2\) -- (14) \[Reserved\].                                      |
+---+------------------------------------------------------------------+
|   | \(15\) 52.222-19, Child Labor -- Cooperation with Authorities    |
|   | and Remedies (JAN 2006) (E.O. 13126). *\[Check if order is for   |
|   | supplies and exceeds the micro-purchase threshold\]*             |
+---+------------------------------------------------------------------+
|   | \(16\) 52.222-21, Prohibition of Segregated Facilities (FEB      |
|   | 1999). *\[Check if the following apply: for supplies, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm. For services,    |
|   | the order exceeds \$10,000 and is awarded to a U.S. firm whose   |
|   | employees who will be performing the work were recruited within  |
|   | the U.S.\]*                                                      |
+---+------------------------------------------------------------------+
|   | \(17\) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).     |
|   | *\[Check if the following apply: for supplies, the order exceeds |
|   | \$10,000 and is awarded to a U.S. firm. For services, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm whose employees   |
|   | who will be performing the work were recruited within the        |
|   | U.S.\]*                                                          |
+---+------------------------------------------------------------------+
|   | \(18\) 52.222-35, Equal Opportunity for Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (DEC 2001) (38 U.S.C. 4212). *\[Check if the following  |
|   | apply: for supplies, the order exceeds \$10,000 and is awarded   |
|   | to a U.S. firm. For services, the order exceeds \$10,000 and is  |
|   | awarded to a U.S. firm whose employees who will be performing    |
|   | the work were recruited within the U.S.\]*                       |
+---+------------------------------------------------------------------+
|   | \(19\) 52.222-36, Affirmative Action for Workers with            |
|   | Disabilities (JUN 1998) (29 U.S.C. 793). *\[Check if the         |
|   | following apply: for supplies, the order exceeds \$10,000 and is |
|   | awarded to a U.S. firm. For services, the order exceeds \$10,000 |
|   | and is awarded to a U.S. firm whose employees who will be        |
|   | performing the work were recruited within the U.S.\]*            |
+---+------------------------------------------------------------------+
|   | \(20\) 52.222-37, Employment Reports on Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (DEC 2001) (38 U.S.C. 4212). *\[Check if you have       |
|   | included the clause 52.222-35\]*                                 |
+---+------------------------------------------------------------------+
|   | \(21\) 52.222-39, Notification of Employee Rights Concerning     |
|   | Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). *\[check  |
|   | if over \$100,000\]*                                             |
+---+------------------------------------------------------------------+
|   | \(22\) -- (24) \[Reserved\].                                     |
+---+------------------------------------------------------------------+
|   | \(25\) 52.225-5, Trade Agreements (JUNE 2006) (19 U.S.C. 2501,   |
|   | et seq., 19 U.S.C. 3301 note). *\[Check if the order is for      |
|   | supplies and the amount exceeds \$193,000\]*                     |
+---+------------------------------------------------------------------+
| X | \(26\) 52.225-13, Restrictions on Certain Foreign Purchases (FEB |
|   | 2006) (E.O.s, proclamations, and statutes administered by the    |
|   | Office of Foreign Assets Control of the Department of the        |
|   | Treasury). *\[Check if the order is for either supplies or       |
|   | services and the amount exceeds the micro-purchase threshold,    |
|   | [unless]{.underline} authorized by OFAC\]*                       |
+---+------------------------------------------------------------------+
|   | \(27\) -- (30) \[Reserved\].                                     |
+---+------------------------------------------------------------------+
|   | \(31\) 52.232-33, Payment by Electronic Funds Transfer --        |
|   | Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).     |
|   | *\[Check if payment will be made by EFT and the contractor has   |
|   | registered in the CCR\]*                                         |
+---+------------------------------------------------------------------+
|   | \(32\) 52.232-34, Payment by Electronic Funds Transfer -- Other  |
|   | than Central Contractor Registration (MAY 1999) (31 U.S.C.       |
|   | 3332). *\[Check if payment will be made by either EFT or other   |
|   | means, e.g., check, and the contractor has not registered in the |
|   | CCR\]*                                                           |
+---+------------------------------------------------------------------+
|   | \(33\) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C.   |
|   | 3332). *\[Check if payment will be made by a third party, e.g.,  |
|   | purchase card\]*                                                 |
+---+------------------------------------------------------------------+
|   | \(34\) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5    |
|   | U.S.C. 552a). *\[Check if the order is for information           |
|   | technology which requires security of information technology,    |
|   | and/or is for the design, development, or operation of a system  |
|   | of records using commercial information technology services or   |
|   | support services\]*                                              |
+---+------------------------------------------------------------------+
|   | (35)(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). *\[Check if the order is for supplies that may     |
|   | involve ocean transportation: at least 50% of the gross tonnage  |
|   | must be transported on privately owned U.S.-flag commercial      |
|   | vessels to the extent that such vessels are available at rates   |
|   | that are fair and reasonable for U.S.-flag commercial vessels\]* |
+---+------------------------------------------------------------------+
|   | \(ii\) Alternate I (APR 2003) of 52.247-64. *\[Check if 100% of  |
|   | the supplies will be transported on privately owned U.S.-flag    |
|   | commercial vessels\]*                                            |
+---+------------------------------------------------------------------+

(c) \[Reserved\]

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

\(1\) The Comptroller General of the United States, or an authorized
representative of the Comptroller General, shall have access to and
right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.

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

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

(e)(1) *\[This paragraph applies only if award is made to a U.S. firm\]*
Notwithstanding the requirements of the clauses in paragraphs (a), (b),
(c) and (d) of this clause, the Contractor is not required to flow down
any FAR clause, other than those in paragraphs (i) through (vi) of this
paragraph in a subcontract for commercial items. Unless otherwise
indicated below, the extent of the flow down shall be as required by the
clause --

\(i\) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15
U.S.C. 637(d) (2) and (3)), in all subcontracts that offer
subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds \$500,000 (\$1,000,000 for construction
of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.

\(ii\) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

\(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38
U.S.C. 4212).

\(iv\) 52.222-36, Affirmative Action for Workers with Disabilities (JUN
1998) (29 U.S.C. 793).

\(v\) 52.222-39, Notification of Employee Rights Concerning Payment of
Union Dues or Fees (DEC 2004) (E.O. 13201).

\(vi\) \[Reserved\].

\(vii\) 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).

# Note to Contracting Officer: Check with your RSO to see if FAR clause 52.204-09 and DOSAR 652.237-71 would apply at your respective post.

# FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES 

  ------------ ----------------------------------------------- -----------
  **NUMBER**   **TITLE**                                       **DATE**

  52.204-9     Personal Identity Verification of Contractor    JAN 2006
               Personnel (if contractor requires physical      
               access to a federally-controlled facility or    
               access to a Federal information system)         

  52.228-3     Workers' Compensation Insurance (Defense Base   APR 1984
               Act) (if order is for services and contractor   
               employees are covered by Defense Base Act       
               insurance)                                      
  ------------ ----------------------------------------------- -----------

DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6) CLAUSES

The following clause is provided in full text, and is applicable for
orders for services:

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES
(JUN 2006)

\(a\) This clause supplements FAR 52.228-3. For the purposes of this
clause, "covered contractor employees" includes the following
individuals:

\(1\) United States citizens or residents;

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

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

\(b\) The Contractor shall procure Defense Base Act (DBA) insurance
pursuant to the terms of the contract between the Department of State
and the Department's DBA insurance carrier for covered contractor
employees, unless the Contractor has a DBA self-insurance program
approved by the Department of Labor. The Contractor shall submit a copy
of the Department of Labor's approval to the contracting officer upon
contract award, if applicable.

\(c\) The current rate under the Department of State contract is
\[*contracting officer insert rate*\] of compensation for services.

\(d\) The Contractor shall insert a clause substantially the same as
this in all subcontracts. The Contractor shall require that
subcontractors insert a similar clause in any of their subcontracts.

\(e\) Should the rates for DBA insurance coverage increase or decrease
during the performance of this contract, the contracting officer shall
modify this contract accordingly.

\(f\) The Contractor shall demonstrate to the satisfaction of the
contracting officer that the equitable adjustment as a result of the
insurance increase or decrease does not include any reserve for such
insurance. Adjustment shall not include any overhead, profit, general
and administrative expenses, etc.

(g)(1) Section 16 of the State Basic Authorities Act (22 U.S.C. 2680a),
as amended, provides that the Defense Base Act shall not apply with
respect to such contracts as the Secretary of State determines are
contracts with persons employed to perform work for the Department of
State on an intermittent basis for not more than 90 days in a calendar
year. "Persons" includes individuals hired by companies under contract
with the Department. The Procurement Executive has the authority to
issue the waivers for Contractor employees who work on an intermittent
or short-term basis.

\(2\) The Contractor shall submit waiver requests to the contracting
officer. The request shall contain the following information:

\(i\) Contract number;

\(ii\) Name of Contractor;

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

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

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

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

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

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

(End of clause)