<table style="width:100%;">
<colgroup>
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<col style="width: 6%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 1%" />
<col style="width: 1%" />
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<col style="width: 2%" />
<col style="width: 1%" />
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<col style="width: 4%" />
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<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15"><strong>SOLICITATION, OFFER AND AWARD</strong></td>
<td colspan="15"><p>1. THIS CONTRACT IS A RATED ORDER</p>
<p>UNDER DPAS (15 CFR 350)</p></td>
<td colspan="5">RATING</td>
<td colspan="8"><p>PAGE OF PAGES</p>
<p>1 | 55</p></td>
</tr>
<tr class="even">
<td colspan="5">2. CONTRACT (Proc. Inst. Ident.) NO.</td>
<td colspan="9"><p>3. SOLICITATION NO.</p>
<p><strong>SEC750-07-R-0001</strong></p></td>
<td colspan="14"><p>4. TYPE OF SOLICITATION</p>
<p>[ ] SEALED BID (IFB)</p>
<p>[<strong>x</strong>] NEGOTIATED (RFP)</p></td>
<td colspan="4"><p>5. DATE ISSUED</p>
<p><strong>10-01-2007</strong></p></td>
<td colspan="11">6. REQUISITION/PURCHASE NO.</td>
</tr>
<tr class="odd">
<td colspan="11">7. ISSUED BY CODE</td>
<td colspan="13"></td>
<td colspan="16">8. ADDRESS OFFER TO (If other than item 7)</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="24"><p><strong>Patricia Hoffman, Contracting Officer, 12 de
Octubre y Patria</strong></p>
<p><strong>American Embassy, Quito, Ecuador</strong></p>
<p><strong>Phone: 593-2-2562890 ext. 4144 Fax:
593-2-2561226</strong></p></td>
<td colspan="19"></td>
</tr>
<tr class="odd">
<td colspan="43">NOTE: In sealed bid solicitation "offer" and "offeror”
mean "bid" and "bidder".</td>
</tr>
<tr class="even">
<td colspan="43">SOLICITATION</td>
</tr>
<tr class="odd">
<td colspan="43"><p>9. Sealed offers in original and
<strong><u>3</u></strong> copies for furnishing the supplies or services
in the Schedule will be received at the place specified, in the
depository located in see L.3 until <strong><u>October 30,
2007</u></strong> local time at noon<strong>.</strong> *Copies as stated
in Section L of the Solicitation.</p>
<p>CAUTION - LATE Submissions, Modifications, and Withdrawals: See
Section L. Provision No. 52.215-1. All offers are subject to all terms
and conditions contained in this solicitation.</p></td>
</tr>
<tr class="even">
<td colspan="4"><p>10. FOR INFORMATION</p>
<p>CALL:</p></td>
<td colspan="15"><p>A. NAME</p>
<p>Cecilia Carvajal</p>
<p>General Services Specialist</p></td>
<td colspan="12"><p>B. TELEPHONE (NO COLLECT CALLS)</p>
<p>AREA CODE NUMBER EXT</p>
<p>593-2-2562890 4108</p></td>
<td colspan="12"><p>C. E-MAIL ADDRESS</p>
<p>CarvajalCM@state.gov</p></td>
</tr>
<tr class="odd">
<td colspan="43">11. TABLE OF CONTENTS</td>
</tr>
<tr class="even">
<td>(x)</td>
<td>SEC.</td>
<td colspan="10">DESCRIPTION</td>
<td colspan="5">PAGE(S)</td>
<td colspan="4">(x)</td>
<td colspan="4">SEC.</td>
<td colspan="16">DESCRIPTION</td>
<td colspan="2">PAGE(S)</td>
</tr>
<tr class="odd">
<td colspan="17">PART I - THE SCHEDULE</td>
<td colspan="26">PART II - CONTRACT CLAUSES</td>
</tr>
<tr class="even">
<td><strong>X</strong></td>
<td>A</td>
<td colspan="10">SOLICITATION/CONTRACT FORM</td>
<td colspan="5"><strong>1</strong></td>
<td colspan="4"><strong>X</strong></td>
<td colspan="4">I</td>
<td colspan="17">CONTRACT CLAUSES</td>
<td><strong>29-39</strong></td>
</tr>
<tr class="odd">
<td><strong>X</strong></td>
<td>B</td>
<td colspan="10">SUPPLIES OR SERVICE AND PRICES/COSTS</td>
<td colspan="5"><strong>2-9</strong></td>
<td colspan="26">PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER
ATTACH.</td>
</tr>
<tr class="even">
<td><strong>X</strong></td>
<td>C</td>
<td colspan="10">DESCRIPTION/SPECS/WORK STATEMENT</td>
<td colspan="5"><strong>10-19</strong></td>
<td colspan="4"><strong>X</strong></td>
<td colspan="4">J</td>
<td colspan="17">LIST OF ATTACHMENTS</td>
<td><strong>40</strong></td>
</tr>
<tr class="odd">
<td><strong>X</strong></td>
<td>D</td>
<td colspan="10">PACKAGING AND MARKETING</td>
<td colspan="5"><strong>20</strong></td>
<td colspan="26">PART IV - REPRESENTATIONS AND INSTRUCTIONS</td>
</tr>
<tr class="even">
<td><strong>X</strong></td>
<td>E</td>
<td colspan="10">INSPECTION AND ACCEPTANCE</td>
<td colspan="5"><strong>21-22</strong></td>
<td colspan="5"><strong>X</strong></td>
<td colspan="4">K</td>
<td colspan="16">REPRESENTATIONS, CERTIFICATIONS, AND</td>
<td></td>
</tr>
<tr class="odd">
<td><strong>X</strong></td>
<td>F</td>
<td colspan="10">DELIVERIES OR PERFORMANCE</td>
<td colspan="5"><strong>23</strong></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="16">OTHER STATEMENTS OF OFFERORS</td>
<td><strong>41-47</strong></td>
</tr>
<tr class="even">
<td><strong>X</strong></td>
<td>G</td>
<td colspan="10">CONTRACT ADMINISTRATION</td>
<td colspan="5"><strong>24-25</strong></td>
<td colspan="5"><strong>X</strong></td>
<td colspan="4">L</td>
<td colspan="16">INSTRS., COND., AND NOTICES TO OFFERORS</td>
<td><strong>48-53</strong></td>
</tr>
<tr class="odd">
<td><strong>X</strong></td>
<td>H</td>
<td colspan="10">SPECIAL CONTRACT REQUIREMENTS</td>
<td colspan="5"><strong>26-28</strong></td>
<td colspan="5"><strong>X</strong></td>
<td colspan="4">M</td>
<td colspan="16">EVALUATION FACTORS FOR AWARD</td>
<td><strong>54-55</strong></td>
</tr>
<tr class="even">
<td colspan="43"><strong>OFFER</strong> (Must be fully completed by
offeror)</td>
</tr>
<tr class="odd">
<td colspan="43">NOTE: ITEM 12 does not apply if the solicitation
includes the provisions at 52.214-16, Minimum Bid Acceptance
Period.</td>
</tr>
<tr class="even">
<td colspan="43">12. In compliance with the above, the undersigned
agrees, if this offer is accepted within calendar days (120 calendar
days unless a different period is inseted by the offer) from the date
for receipt of offers specified above, to furnish any or all items upon
which prices are offered at the price set opposite each item, delivered
at the designated point(s), within the time specified in the
schedule.</td>
</tr>
<tr class="odd">
<td colspan="10"><p>13. DISCOUNT FOR PROMPT PAYMENT SEE 14</p>
<p>(See section I, Clause No 52.232-8)</p></td>
<td colspan="8"><p>10 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="11"><p>20 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="5"><p>30 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="9"><p>CALENDAR DAYS</p>
<p>%</p></td>
</tr>
<tr class="even">
<td colspan="9">14. ACKNOWLEDGMENT OF AMENDMENTS</td>
<td colspan="12">AMENDMENT NO.</td>
<td colspan="6">DATE</td>
<td colspan="12">AMENDMENT NO.</td>
<td colspan="4">DATE</td>
</tr>
<tr class="odd">
<td colspan="9">(The offeror acknowledges receipt of amendments to the
solicitation and related documents )</td>
<td colspan="12"></td>
<td colspan="6"></td>
<td colspan="12"></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="9">numbered and dated:</td>
<td colspan="12"></td>
<td colspan="6"></td>
<td colspan="12"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="3">15A. NAME</td>
<td colspan="5">CODE</td>
<td colspan="5"></td>
<td colspan="7">FACILITY</td>
<td colspan="7"></td>
<td colspan="16">16. NAME AND TITLE OF PERSON AUTHORIZED</td>
</tr>
<tr class="even">
<td colspan="3"><p>AND</p>
<p>ADDRESS</p>
<p>OF</p>
<p>OFFEROR</p></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td colspan="16">TO SIGN OFFER (Type or print)</td>
</tr>
<tr class="odd">
<td colspan="6">15B. TELEPHONE NO. (Include area code)</td>
<td colspan="20">15C. CHECK IF REMITTANCE ADDRESS [ ] IS DIFFERENT FROM
ABOVE - ENTER SUCH ADDRESS</td>
<td colspan="7">17. SIGNATURE</td>
<td colspan="10">18. OFFER DATE</td>
</tr>
<tr class="even">
<td colspan="43"><strong>AWARD</strong> (To be completed by
Government)</td>
</tr>
<tr class="odd">
<td colspan="7">19. ACCEPTED AS TO ITEM NUMBERED</td>
<td colspan="9">20. AMOUNT</td>
<td colspan="27">21. ACCOUNTING AND APPROPRIATION</td>
</tr>
<tr class="even">
<td colspan="23"><p>22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN
COMPETITION:</p>
<p>[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )</p></td>
<td colspan="14"><p>23. SUBMIT INVOICES TO ADDRESS SHOWN IN</p>
<p>(4 copies unless otherwise specified)</p></td>
<td colspan="6">ITEM</td>
</tr>
<tr class="odd">
<td colspan="11">24. ADMINISTRATION BY (If other than Item 7) CODE</td>
<td colspan="13"></td>
<td colspan="14">25. PAYMENT WILL BE MADE BY CODE</td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="24"></td>
<td colspan="19"></td>
</tr>
<tr class="odd">
<td colspan="24"><p>26. NAME OF CONTRACTING OFFICER <em>(Type or
print)</em></p>
<p>Patricia Hoffman</p></td>
<td colspan="12"><p>27. UNITED STATES OF AMERICA</p>
<p><em>(Signature of Contracting Officer)</em></p></td>
<td colspan="7">28. AWARD DATE</td>
</tr>
<tr class="even">
<td colspan="43">IMPORTANT - Award will be made on this form, or on the
Standard Form 26, or by other authorized official written notice.</td>
</tr>
</tbody>
</table>

NSN 7540-01-152-8064 **STANDARD FORM 33** (REV 9-97)

### SECTION B

### PART I PRICE - HEALTH INSURANCE

 

B.1. [Health Insurance Services]{.underline}

 

The Contractor shall provide Health Insurance services to employees and
to the group of retirees of the Government of the United States of
America in Ecuador. The groups of employees who shall be provided this
insurance are listed in C.1.2. This insurance shall be provided in
accordance with Section C and the Exhibits in Section J.

* *

B.2. [PRICES]{.underline}

This is a fixed price with economic price adjustment requirements type
contract under which will be issued firm, fixed-price task orders. The
fixed prices/premium rates in US Dollars for the health insurance
services as specified in Section C and Exhibit A of Section J are as
follows:

 

B.2.1. [BASE YEAR OF CONTRACT]{.underline}:

Bi-Weekly Rates Per Employee

+----------------------+--------------+-----------------+-------------+
| **Category**         | **Estimated  | **Rate per      | **Total**   |
|                      | Number of    | Employee**      |             |
|                      | Employees**  |                 |             |
+----------------------+--------------+-----------------+-------------+
| Single Employee      |   79         |                 |             |
| (Self only)          |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| Family Plan          |  178         |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| SUBTOTAL             |              |                 |             |
+----------------------+--------------+-----------------+-------------+

Total Price for Base Year (Subtotal x 26): \_\_\_\_\_\_\_

B.2.2. [FIRST OPTION YEAR OF THE CONTRACT]{.underline}:

Bi-Weekly Rates Per Employee

+----------------------+--------------+-----------------+-------------+
| **Category**         | **Estimated  | **Rate per      | **Total**   |
|                      | Number of    | Employee**      |             |
|                      | Employees**  |                 |             |
+----------------------+--------------+-----------------+-------------+
| Single Employee      | 79           |                 |             |
| (Self only)          |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| Family Plan          |  178         |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| SUBTOTAL             |              |                 |             |
+----------------------+--------------+-----------------+-------------+

 

 

Total Price for Option Year 1 (Subtotal x 26): \_\_\_\_\_\_\_

B.2.3. [SECOND OPTION YEAR OF THE CONTRACT]{.underline}:

Bi-Weekly Rates Per Employee:

+----------------------+--------------+-----------------+-------------+
| **Category**         | **Estimated  | **Rate per      | **Total**   |
|                      | Number of    | Employee**      |             |
|                      | Employees**  |                 |             |
+----------------------+--------------+-----------------+-------------+
| Single Employee      |   79         |                 |             |
| (Self only)          |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| Family Plan          |  178         |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| SUBTOTAL             |              |                 |             |
+----------------------+--------------+-----------------+-------------+

 

Total Price for Option Year 2 (Subtotal x 26): \_\_\_\_\_\_\_

 

B.2.4. [THIRD OPTION YEAR OF THE CONTRACT:]{.underline}

Bi-Weekly Rates Per Employee:

+----------------------+--------------+-----------------+-------------+
| **Category**         | **Estimated  | **Rate per      | **Total**   |
|                      | Number of    | Employee**      |             |
|                      | Employees**  |                 |             |
+----------------------+--------------+-----------------+-------------+
| Single Employee      |   79         |                 |             |
| (Self only)          |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| Family Plan          |  178         |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| SUBTOTAL             |              |                 |             |
+----------------------+--------------+-----------------+-------------+

 

 

 

Total Price for Option Year 3 (Subtotal x 26): \_\_\_\_\_\_\_

 

B.2.5. [FOURTH OPTION YEAR OF THE CONTRACT:]{.underline}

Bi-Weekly Rates Per Employee

+----------------------+--------------+-----------------+-------------+
| **Category**         | **Estimate   | **Rate per      | **Total**   |
|                      | Number of    | Employee**      |             |
|                      | Employees**  |                 |             |
+----------------------+--------------+-----------------+-------------+
| Single Employee      |   79         |                 |             |
| (Self only)          |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| Family Plan          |  178         |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
|                      |              |                 |             |
+----------------------+--------------+-----------------+-------------+
| SUBTOTAL             |              |                 |             |
+----------------------+--------------+-----------------+-------------+

 

Total Price for Option Year 4 (Subtotal x 26):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 

**GRAND TOTAL BASE PERIOD PLUS OPTION YEARS:
\_\_\_\_\_\_\_\_\_\_\_**\_\_\_\_\_\_\_

 

B.3 [ADMINISTRATIVE RETENTION AMOUNTS]{.underline}

 

B.3.1 If the Contractor requests a price adjustment under B.4 below, the
Contractor must present cost experience data that includes the retention
amount. For purposes of any economic price adjustment, this retention
amount is a fixed amount that is a part of the premium amounts in B.2.
This retention amount will not be adjusted for any reason.

 

The retention amount is part of the premium and may include, but not be
limited to, such costs as overhead and general and administrative costs.
It will also include any profit. Essentially, it includes all costs
except the actual portion of the premium intended to fund claims paid to
the health care provider/claimant.

 

B.3.2 sets forth the retention amounts per premium paid for each
category of premium and for each period of performance.

 

**NOTE TO OFFEROR - Fill in the fixed retention amounts for each period
of performance and for each category of premium. This fixed amount must
be expressed in US DOLLARS. The fixed retention amount shall NOT be
expressed in terms of a percentage of the premium.**

 

B.3.2 Retention Amounts per separate premium paid per single employee
and per family plan.

 

  --------------------- --------------------------- ----------------------
  Period of Performance Single Employees (Self      Family Plan
                        Only)                       

  Base Period                                        

  Option Year 1                                      

  Option Year 2                                      

  Option Year 3                                      

  Option Year 4                                      
  --------------------- --------------------------- ----------------------

 

B.4. [ECONOMIC PRICE ADJUSTMENT-HEALTH INSURANCE PREMIUMS]{.underline}

 

B.4.1. [Premium Adjustment based on Experience]{.underline} - For health
insurance, prices may be adjusted upward or downward based on the
experience rating of the Mission(s) covered by this contract. No
adjustment will be allowed during the first twelve months. After such
time, the contractor or the Government may request an adjustment in
premiums on an annual basis. Before any such adjustment is made, the
contractor agrees to provide the Government a balance sheet showing two
main components for the time period: (1) receipts (premiums received)
minus the retention amount and (2) claims paid. The retention amount is
not subject to adjustment. The Government reserves the right to have an
independent third party review the balance sheet and make
recommendations regarding the appropriateness of the requested
adjustment. Any adjustment shall be subject to mutual agreement of the
parties and shall result in a written modification to the contract. Any
failure to reach agreement under this clause shall be subject to the
procedures in the Disputes clause.

 

B.4.2. [Premium Adjustment Based on Laws]{.underline} - The rates may
also be adjusted during the performance period of the contract as a
result of laws enacted by the host Government, if such change in the
laws has a direct impact on the cost to the contractor to perform this
contract at the contracted rate. In that event, the Contracting Officer
may enter into negotiations with the Contractor to modify the contract
to adjust the premium rate. The contractor agrees to provide all
documentation necessary to support any requested adjustment.

 

B.4.2.1 [Employee Pool]{.underline} -- This clause is only in effect if
the contractor included details in its offer regarding a pooling
arrangement, of which this contract is a part.

 

Before any adjustment is made under this price adjustment clause, the
Contractor must include in its proposal for adjustment, details setting
forth how the pool impacts the request for equitable adjustment.

 

**PART II PRICE - GROUP LIFE INSURANCE**

* *

B.5. [GROUP LIFE INSURANCE SERVICES]{.underline}

 

The Contractor shall provide the Group Life Insurance services described
herein to employees and retirees of the Government of the United States
of America in Ecuador***.*** The groups of employees who shall be
provided this insurance are listed in C.2.3. This insurance shall be
provided in accordance with Section C and the Exhibits in Section J.

* *

B.6. [GROUP LIFE INSURANCE RATES]{.underline}

 

This is a fixed-price with economic-price- adjustment-requirements type
contract under which the Government will issue firm-fixed price task
orders. The fixed prices/premium rates in U.S. Dollars per one thousand
of salary to provide life insurance, accidental death and dismemberment
and partial and total disability coverage are as follows:

B.6.1. [BASE YEAR OF CONTRACT]{.underline}

Bi-Weekly Rates per Employee

  ------------------ ---------------- ------------------ -----------------
  Type of Insurance  Premium (per     Estimated Payroll  Total
                     1,000) of salary (biweekly, in      
                                      thousands)         

  Basic Life                           \$131,662          

  Accidental Death                     \$131,662          
  and Dismemberment                                      

  Partial and Total                    \$131,662          
  Disability                                             
  Coverage                                               
  ------------------ ---------------- ------------------ -----------------

 

  B.6.2. [FIRST OPTION YEAR OF CONTRACT]{.underline}:

Bi-Weekly Rates per Employee

  ------------------ ---------------- ------------------ -----------------
  Type of Insurance  Premium (per     Estimated Payroll  Total
                     1,000) of salary (biweekly, in      
                                      thousands)         

  Basic Life                           \$131,662          

  Accidental Death                     \$131,662          
  and Dismemberment                                      

  Partial and Total                    \$131,662          
  Disability                                             
  Coverage                                               
  ------------------ ---------------- ------------------ -----------------

 

 B.6.3. [SECOND OPTION YEAR OF CONTRACT:]{.underline}

Bi-Weekly Rates per Employee:

  ------------------ ---------------- ------------------ -----------------
  Type of Insurance  Premium (per     Estimated Payroll  Total
                     1,000) of salary (biweekly, in      
                                      thousands)         

  Basic Life                           \$131,662          

  Accidental Death                     \$131,662          
  and Dismemberment                                      

  Partial and Total                    \$131,662          
  Disability                                             
  Coverage                                               
  ------------------ ---------------- ------------------ -----------------

 

B.6.4. [THIRD OPTION YEAR OF CONTRACT:]{.underline}

Bi-Weekly Rates per Employee:

  ------------------ ---------------- ------------------ -----------------
  Type of Insurance  Premium (per     Estimated Payroll  Total
                     1,000) of salary (biweekly, in      
                                      thousands)         

  Basic Life                           \$131,662          

  Accidental Death                     \$131,662          
  and Dismemberment                                      

  Partial and Total                    \$131,662          
  Disability                                             
  Coverage                                               
  ------------------ ---------------- ------------------ -----------------

 

B.6.5. [FOURTH OPTION YEAR OF CONTRACT:]{.underline}

Bi-Weekly Rates per Employee:

  ------------------ ---------------- ------------------ -----------------
  Type of Insurance  Premium (per     Estimated Payroll  Total
                     1,000) of salary (biweekly, in      
                                      thousands)         

  Basic Life                           \$131,662          

  Accidental Death                     \$131,662          
  and Dismemberment                                      

  Partial and Total                    \$131,662          
  Disability                                             
  Coverage                                               
  ------------------ ---------------- ------------------ -----------------

 

GRAND TOTAL PRICE FOR ALL YEARS: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 

B.7 [ADMINISTRATIVE RETENTION AMOUNTS]{.underline}

 

B.7.1 If the Contractor requests a price adjustment under B.8 below, the
Contractor must present cost experience data that includes the retention
amount. For purposes of any economic price adjustment, this

retention amount is a fixed amount that is a part of the premium amounts
in B.6. This retention amount will not be adjusted for any reason.

 

The retention amount is part of the premium and may include, but not be
limited to, such costs as overhead and general and administrative costs.
It will also include any profit. Essentially, it includes all costs
except the actual portion of the premium intended to fund claims paid to
the claimant.

 

B.7.2 sets forth the retention amounts per premium paid for each
category of premium and for each period of performance.

  

**NOTE TO OFFEROR - Fill in the fixed retention amounts for each period
of performance and for each category of premium. This fixed amount must
be expressed in the currency in which the premium amount is proposed.
The fixed retention amount shall NOT be expressed in terms of a
percentage of the premium.**

 

B.7.2 Retention Amounts per separate premium paid per employee

 

  --------------------- ------------- ------------------- ----------------
  Period of Performance Basic Life    Accidental Death    Partial and
                                      and Dismemberment   Total Disability
                                                          Coverage

  Base Period                                              

  Option Year 1                                            

  Option Year 2                                            

  Option Year 3                                            

  Option Year 4                                            
  --------------------- ------------- ------------------- ----------------

 

 

B.8 [ECONOMIC PRICE ADJUSTMENT-LIFE INSURANCE PREMIUMS]{.underline}

 

B.8.1. [Premium Adjustment Based on Experience]{.underline} - For life
insurance, prices may be adjusted upward or downward based on the
experience rating of the Mission(s) covered by this contract. No
adjustment will be allowed during the first twelve months. After such
time, the contractor or the Government may request an adjustment in
premiums on an annual basis. Before any such adjustment is made, the
contractor agrees to provide the Government a balance sheet showing two
main components for the time period: (1) receipts (premiums received)
minus the retention amount and (2) claims paid. The retention amount is
not subject to adjustment. The Government reserves the right to select
an independent third party to review the balance sheet and make
recommendations regarding the appropriateness of the requested
adjustment. Any adjustment shall be subject to mutual agreement of the
parties and shall result in a written modification to the contract. Any
failure to reach agreement under this clause shall be subject to the
procedures in the Disputes clause.

 

B.8.2. [Premium Adjustment Based on Law]{.underline} - The rates may
also be adjusted during the performance period of the contract as a
result of laws enacted by the host Government, if such change in the
laws has a direct impact on the cost to the contractor to perform this
contract at the rate contracted for herein. In that event, the
Contracting Officer may enter into negotiations with the Contractor to
modify the contract to adjust the premium rate. The contractor agrees to
provide all documentation necessary to support any requested adjustment.

**SECTION C**

**DESCRIPTION/SPECIFICATION/WORK STATEMENT**

 

 

**PART I - HEALTH INSURANCE**

 

 

C.1. [HEALTH INSURANCE SERVICES]{.underline}

 

The Government of the United States of America requires Health Insurance
coverage for its employees and retirees as further described in C.1.2 in
Ecuador ***.*** The Government has determined that the prevailing
practice by employers in Ecuador is to provide their employees
supplemental health insurance protection and the cost of such insurance
protection is usually borne by both the employee and the employer. The
USG may however, pay the full premium to help offset the services
through the local social security system (LSSS) not available

to the LE Staff since the USG does not participate in the IESS. Health
insurance protection will be representative of locally prevailing
compensation practice as further described in C.1.1. The specific health
benefit coverage under this contract is set forth in Section C and the
Exhibits in Section J.

The Contractor shall insure that health care under this contract does
not exclude HIV/AIDS care, unless exclusion has been authorized by
HR/OE/CMD.

 

C.1.1 [Employees, retirees and Dependents Health Services
Benefits]{.underline}

 

The health benefits under this contract are as follows. Reimbursement of
covered expenses is limited to the stated percentages of reasonable and
customary costs. Proposals that contain more benefits (even if there is
no increase in cost) or fewer benefits than stated in the solicitation
may be deemed technically unacceptable.

Reimbursements or payments shall be made for the following covered
benefits for services received with applicable maximums as noted below,
subject to reasonable and customary costs in the locality where
treatment was provided. The medical treatment must be prescribed or
provided by a physician or nurse licensed in Ecuador, the United States,
or in the country in which the treatment or prescription is received.
All monetary values expressed below are in US dollars. Reimbursement
will be made in US dollars.

C.1.1.1 Co-Insurance: Employee will be reimbursed 80% of reasonable and
customary costs for services referenced below after payment of the
deductible unless otherwise noted. Any individual maximum limits and/or
deductibles or co-payments are itemized below.

C.1.1.2 Deductible: USD 55 per event

C.1.1.3 Hospitalization: The maximum coverage of room and board expenses
for a standard ward room or a semi-private room is USD 125 per day; USD
32,000 per event per year. This includes coverage of hospital medical
expenses including laboratory tests and x-rays, and prescription
medicines.

C.1.1.4 Surgery: The maximum coverage of expenses related to surgical
procedures is USD 32,000 per event per year.

C.1.1.5 Doctor\'s Visits: 80% coverage of doctor\'s visits: during
hospitalization, office visits, home visits, and specialist visits;
maximum coverage of USD 45.00 applies to doctor's office visits, home
visits and specialist visits.

C.1.1.6 Hospital Outpatient Services: 80% coverage for medical services
and expenses when not hospitalized includes diagnostic tests, laboratory
tests and x-rays.

C.1.1.7 Prescription drugs and medicines: 80% coverage of prescription
drugs and medicines includes the cost of medicines and drugs for which a
prescription is legally required. Expenses incurred for medicines,
vitamins, cold remedies, etc., that are available over the counter
without a prescription will not be reimbursed even if prescribed by a
physician.

C.1.1.8 Obstetrical Care: When hospitalized, obstetrical medical care is
covered as any other illness; this includes 80% coverage for prenatal
and postnatal care and family planning.

C.1.1.9 Preventative Care: Preventative coverage includes annual
physicals and vaccinations during a child\'s first year.

C.1.1.10 Emergencies: Emergencies are covered to a maximum of USD
30,500.

C.1.1.11 Ambulance: Maximums for ambulance coverage apply as follows:

Land ambulance: USD 2,400

Air ambulance: USD 3,000

International travel: USD 4,600

C.1.1.12 Out of Country Coverage: A maximum of USD 62,400 and a USD 60
per event deductible apply to out of country treatment.

C.1.1.13 100% coverage for medications to suppress opportunistic
infections, such as tuberculosis and toxoplasmosis for employees who
have HIV/AIDS; as well as brief courses of anti-retroviral drugs during
childbirth to prevent the transmission of HIV to the employee\'s child.
This expanded coverage generally

excludes medications for the long-term suppression of AIDS through the
combination of anti-retroviral drugs at those posts with inadequate
local healthcare infrastructures. USD 10,000 annual maximum.

C.1.1.14 Physical Therapy: 80% coverage.

C.1.1.15 Psychiatric Treatment: 80% coverage.

C.1.1.16 Dental: The following maximums apply to dental coverage of
preventative care, minor surgery and major restorative treatment:

Preventative care: USD 350 per year

Minor surgery: USD 550 per year

Major restorative treatment: 80% coverage

C.1.1.17 Optical: The following maximums apply to optical services:

Visual exam: USD 235

Prescription: USD 70

Frames: USD 65

Lenses: USD 70

C.1.1.18 Hearing Aid: Hearing aids are covered to a maximum of USD 100.

C.1.1.19 Funeral expenses: Maximum of USD 2,200.

C.1.1.20 Maximum Aggregate Coverage: With the exception of expenses
incurred under HIV/AIDS above, the insurance company will reimburse
covered expenses up to a limit of USD 32,000 per event per year.

The insurance company will reimburse covered expenses described above
for HIV/AIDS up to a separate annual limit of US\$10,000 per employee.

 C.1.2 [Health Benefits Conditions and Limitations]{.underline}

 

No coverage will be made for elective cosmetic surgery; spa cures;
rejuvenation cures; massage; exercise therapy; long term rehabilitative
therapy; non-medical hospital charges such as telephones or television;
home help, family help, or similar household assistance; fees of persons
who are not licensed physicians or nurses; or services or supplies which
have not been prescribed or approved by a physician or nurse.

No coverage will be made for expenses that will be reimbursed or paid
directly under a host country medical program, the U.S. workers\'
compensation program, or any host country workers\' compensation
program.

No coverage will be made for expenses related to an illness or injury
that is a result of an unlawful action on the part of the patient; the
practice of a dangerous sport; excessive or illegal use of alcohol or
drugs; a self-inflicted

wound; or service in the armed forces of any country.

No coverage will be made for expenses incurred after an employee leaves
the service of the U.S. Mission, except in the case of retired employees
who elect to continue coverage.

 

C.1.3 [Eligible Participants]{.underline}

 

C.1.3.1 [Eligible Employees]{.underline}

 

The employees eligible for the health insurance services include the
following:

 

C.1.3.1.1 Eligible employees are Locally Employed Staff who are (1)
working on a full time or part time basis under non-temporary direct
hire appointments or under personal services agreements/contracts and
(2) paid under the terms of the Local Compensation Plan. Participation
will be voluntary.

 

C.1.3.1.2. Retired Employees. The Department has determined that it is
not prevailing practice in Ecuador for employers to provide supplemental
health insurance protection for retirees. The USG may however, provide
this coverage and pay the full premium to help offset the services
through the local social security system (LSSS) not available to the LE
Staff since the USG does not participate in the IESS. The maximum
benefit level outlined in C.1.1 applies for retired employees.

 

C.1.3.2 [Location of Employment for Employees and Domicile for
Retirees]{.underline}

 

The individuals covered by C.1.3.1 must be employed by the U.S.
Government and paid under the local compensation plan or retired, after
having completed the requirements for eligibility, and so certified by
the Contracting Officer. The individuals covered by C.1.3.1 must be
employed or retired within the geographic boundaries of Ecuador by:
Department of State, U.S. Agency for International Development, Foreign
Agricultural Service, Foreign Commercial Service, Drug Enforcement
Agency, Defense Attaché Office, Peace Corps, US Military Group, Corp of
Engineers, Narcotics Affairs Section., Department of Homeland Security
(DHS), Overseas Buildings Operations (OBO), Regional Affairs (RA),
Animal and Plant Health Inspection Service (APHIS)

* *

C.1.4 [Individuals Not Eligible for Coverage]{.underline}

 

Employees with an intermittent, seasonal, or WAE (when actually
employed) schedule; and any other individual not falling within one of
the categories of employees described in this clause. Non-personal
services contract personnel and their employees, supplied by an
independent contractor licensed to do business in Ecuador who provides
services to other local organizations as well as to the U.S. Mission;
employees of USAID institutional contractors; and Peace Corps personal
services contractors as indicated in MS 743.

C.1.5 [Other Eligible Participants]{.underline}

 

Expenses incurred by an enrolled employee's eligible dependents are
covered under this plan. For the purposes of this plan, an employee's
dependents are defined as the employee's legal spouse (limit one) and
each unmarried, economically dependent child who primarily resides with
the employee unless away at school. An eligible child is defined as the
employee's natural child, adopted child, stepchild, or foster child. An
eligible child will be covered until the end of the contract year in
which he/she reaches age 18, or in the case of a child who is a
full-time student, until the end of the calendar year in which the child
turns age 25. There is no age limit for a child who is physically or
mentally handicapped so as to be unable to live independently. There is
no limit on the number of children covered per employee.

Parents, grandparents, siblings, and other relatives are not eligible
dependents.

Also, covered dependents include the participating Group of Retirees'
spouse and children. An eligible child is defined as the employee's
natural child, adopted child, stepchild, or foster child. The child must
be unmarried, economically dependent upon the employee, and reside with
the employee unless away at school. An eligible child will be covered
until the end of the contract year in which he/she reaches age 18, or in
the case of a child who is a full-time student, until the end of the
calendar year in which the child turns age 25. There is no age limit for
a child who is physically or mentally handicapped so as to be unable to
live independently. There is no limit on the number of children covered
per employee.

 

C.1.6. [Eligibility]{.underline}

 

C.1.6.1. [Term of Eligibility and Effective Date]{.underline}

 

Each current active or retired, eligible, employee is enrolled for
health benefits under this contract upon award and thereafter during the
performance period of this contract. Each new eligible employee or
retired will be enrolled upon entering on duty with the United States
Government or upon retiring from the Mission. An employee is considered
active (\"on the rolls\") whenever such employee is on approved leave,
whether paid or unpaid.

 

C.1.6.2. [Period of  Ineligibility.]{.underline}

 

Employees and their dependents are not entitled to health benefits
during any period of employment for which premiums are not paid.

 

Additionally, employee\'s dependents are not entitled to health benefits
during any period of employment during which the employee was not
eligible to participate.

 

During a period of Leave Without Pay or unpaid leave that is one pay
period or less, coverage under the insurance contract will continue. The
USG will pay the total premium cost to the contractor. The employee's
share of the premium will be collected through payroll deduction in that
or the subsequent pay period.

 

During a period of extended (beyond one pay period) of Leave Without Pay
or unpaid leave, the employee is responsible for the full cost of the
insurance premiums for self and dependents. The Mission will pay the
premiums directly to the contractor, and will collect the full cost from
the employee on a quarterly basis. Alternatively, the employee may elect
to have coverage cease if that employee prefers not to pay the premium.

 

C.1.7. [BROCHURE REQUIREMENT.]{.underline}

 

C.1.7.1. The contractor shall provide a document
(brochure/pamphlet/other written document) in Spanish that sets forth a
complete listing of the health insurance benefits to be provided under
this contract. This brochure shall be provided in sufficient quantities
so that each covered employee receives a copy. The contractor shall
furnish all copies of the brochures to the COR, who will ensure that
appropriate distribution is made.

 

C.1.7.2. The contractor shall provide the document described in C.1.7.1
to the COR not later than 30 days after date of contract award. The
Contractor shall provide additional brochures for new employees within
ten (10) days of the COR's request.

 

C.1.7.3. The contractor assumes full responsibility for ensuring that
the document described in C.1.7.1 accurately reflects the requirements
of the contract, as implemented by the contractor's technical proposal.
In all cases, the contract shall take precedence. Should the COR
discover that the brochure contains inaccuracies, the contractor will be
notified in writing; however, failure on the part of the Government to
notice any inaccuracies shall in no way limit, revise or otherwise
affect the requirement under this contract for the contractor to fully
comply with all contract terms.

 

**PART II GROUP LIFE INSURANCE**

** **

C.2.0 [GROUP LIFE INSURANCE]{.underline}

 

The Government of the United States of America requires group life
insurance coverage for its employees, as further described in C.2.3, in
Ecuador***.*** The Government has determined that the prevailing
practice by employers in Ecuador is to provide their employees life
insurance protection and the cost of such insurance protection is
usually borne by the employer, a 100% of the premium cost for employee
coverage. Therefore, the Government desires to adopt such locally
prevailing practice as part of its compensation plan for its employees
as further described in C.2.2. The specific group insurance coverage
under this contract is set forth in this part of Section C and the
Attachments in Section J.

 

C.2.1. [Group Life Insurance Coverage.]{.underline}

 

The amount of group life insurance coverage is as follows:

 

C.2.1.1 [Amount of Employee Life Insurance.]{.underline}

 

The employee\'s estate will receive an amount equal to 27 (twenty seven)
times the amount of monthly basic salary in the event the employee dies
of natural causes (work-related or non-work-related). The maximum amount
payable is USD 132,250

 

C.2.1.2 [Amount of Accidental Death Life Insurance.]{.underline}

 

The employee\'s estate will receive an amount equal to 47 (forty seven)
times the amount of monthly basic salary in the event the employee is
killed in a work-related accident. The maximum amount payable is USD
138,000.

The employee\'s estate will receive an amount equal to 41 (forty one)
times the amount of monthly basic salary in the event the employee is
killed in a non-work-related accident. The maximum amount payable is USD
137,500.

The estates of retirees who participate by paying their own premiums
will receive an amount equal to 41 (forty-one) times the amount of the
monthly basic salary at the time of their retirement in the event the
employee is killed in a non-work-related accident. The maximum amount
payable us USD 137,500.

  

C.2.1.3 [Partial and Total Disability Coverage and
Dismemberment]{.underline}

In the event of loss of: The benefit will be:

Total Disability 25 (twenty five) times the amount of

Monthly basic salary payment

Not to exceed USD 144,000

Partial Disability Percentage of total disability coverage:

Loss of:

Both hands 100%

Both feet 100%

Eyesight in both eyes 95%

One hand and one foot 100%

One hand and eyesight in one eye 100%

One foot and eyesight in one eye 100%

One hand 50%

One foot 50%

Eyesight in one eye 50%

Thumb finger in one hand 30%

Thumb finger / index finger in one hand 30%

Total loss of hearing 80%

Total loss of one ear not covered

Any other hand finger 20%

Any other foot finger not covered

One leg 50%

Both legs 100%

Incurable mental disease not covered

Total loss of speech not covered

One arm and one leg 100%

One arm or one hand 45%

Two arms or two feet 100%

 

C.2.2 [Life Insurance Benefits Conditions and Limitations.]{.underline}

 

Conditions and limitations on the entitlement to life insurance benefits
under this contract are as follows:

There are not exclusions for Life Insurance: It has a 100% of coverage
without age limit

Accidental death has a 100% coverage without age limit. Excluded
benefits from accidental death and loss of a body member:

a\) Death occurring as a result of suicide

b\) Transport in an airplane not authorized to take passengers

c\) War, declared or not; participation in strikes, serving in the
military service.

d\) Participation in fights, unless it is in self defense

e\) Participation in law infractions related with security

f\) Mental illness : 100% of coverage without age limit

Total and permanent disability only up to 60 years of age with 100%
coverage.

 

C.2.3. [Eligible Participants.]{.underline}

 

C.2.3.1 [Eligible Employees]{.underline}. The employees eligible for the
group life insurance coverage include the following:

 

C.2.3.1.1 All current active employees of the United States Government,
employed within the geographic boundaries of Ecuador***,*** paid under
the Local Compensation Plan, and certified by the Contracting Officer.
Covered employees include:

 

C.2.3.1.2. Eligible employees are Locally Employed Staff who are (1)
working on a full time or part time basis under non-temporary direct
hire appointments or under personal services agreements/contracts that
are not time limited to less than one year and (2) paid under the terms
of the Local Compensation Plan. Participation will be voluntary.

 

C.2.3.1.3 Retired Employees. They may be covered, however they will bear
the full cost of the insurance premiums. These premiums will be made
directly to the insurance company, not through the USG.

 

C.2.3.2 [Location of Employment]{.underline}

 

C.2.3.2 The individuals covered by C.2.3.1 must be employed or retired
within the geographic boundaries of Ecuador by: Department of State,
U.S. Agency for International Development, Foreign Agricultural Service,
Foreign Commercial Service, Drug Enforcement Agency, Defense Attaché
Office, Peace Corps, US Military Group, Corp of Engineers, Narcotics
Affairs Section., Department of Homeland Security (DHS), Overseas
Buildings Operations (OBO), Regional Affairs (RA), Animal and Plant
Health Inspection Service (APHIS)

 

C.2.4 [Individuals Not Eligible for Coverage]{.underline}

 

Not eligible are those working under temporary appointments; those
working under a PSA or PSC that is time limited to less than one year;
non-personal services contract personnel and their employees, supplied
by an independent contractor licensed to do business in Ecuador who
provides services to other local organizations as well as to the U.S.
Mission; employees of USAID institutional contractors; and Peace Corps
personal services contractors as indicated in MS 743.

C.2.5. [Other Eligible Participants]{.underline}

RESERVED

C.2.6 Eligibility and Effective Date

 

C.2.6.1. [Term of Eligibility and Effective Date]{.underline}

 

Each current active or retired eligible employee is enrolled for life
insurance and disability benefits under this contract upon award and
thereafter during the performance period of this contract. Each new
eligible employee or retired will be enrolled upon entering on duty with
the United States Government or after retirement from the Mission. An
employee is considered active (\"on the rolls\") whenever such employee
is on approved leave, whether paid or unpaid.

 

 

C.2.6.2. [Period of Ineligibility]{.underline}

[ ]{.underline}

Employees are not entitled to life insurance and disability benefits
hereunder during any period of employment for which premiums are not
paid.

 

During a period of Leave Without Pay or unpaid leave that is one pay
period or less, coverage under the insurance contract will continue. The
USG will pay the total premium cost to the contractor. The employee's
share of the premium will be collected through payroll deduction in that
or the subsequent pay period.

 

During a period of extended (beyond one pay period) of Leave Without Pay
or unpaid leave, the employee is responsible for the full cost of the
insurance premiums. The Mission will pay the premiums directly to the
contractor, and will collect the full cost from the employee on a
quarterly basis. Alternatively, the employee may elect to have coverage
cease if that employee prefers not to pay the premium.

 

C.2.7. [Brochure Requirement]{.underline}

 

C.2.7.1. The contractor shall provide a document
(brochure/pamphlet/other written document) in Spanish that sets forth a
complete listing of the life insurance benefits to be provided under
this contract. This brochure shall be provided in sufficient quantities
so that each covered employee receives a copy. The contractor shall
furnish all copies of the brochures to the COR, who will ensure that
appropriate distribution is made.

 

C.2.7.2. The document described in C.2.7.1 shall be provided to the COR
not later than 30 days after date of contract award. The contractor
shall provide additional brochures for new employees within ten days of
the COR's request.

 

C.2.7.3. The contractor assumes full responsibility for ensuring that
the document described in C.2.7.1 accurately reflects the requirements
of the contract, as implemented by the contractor's technical proposal.
In all cases, the contract shall take precedence. Should the COR
discover that the brochure contains inaccuracies, the contractor will be
notified in writing; however, failure on the part of the Government to
notice any inaccuracies shall in no way limit, revise or otherwise
affect the requirement under this contract for the contractor to fully
comply with all contract terms.

 

C.3.0 [DEFINITIONS]{.underline}

 

FMO The Financial Management Officer or the paying office for all U.S.
Government Agencies except AID.

 

COR Contracting Officer\'s Representative (Human Resources Officer at
post).

 

Contributory Insurance for which the employee contributes toward the
premium.

 

Dependent Employee's or retiree's spouses, (including common-law
spouses), unmarried children up to 18 year of age; unmarried children up
to 25 years of age, full-time students, not employed and 100 percent
legally dependent on their parent(s); and children up to any age,
disabled and unable to work, and 100 percent, legally dependent on their
parents. The definition of children in all of the above cases includes
those legally adopted and those considered legal wards as defined by
local law.

*** ***

Disability, Total and Permanent A physical or mental impairment which
precludes the individual from performing ordinary motor or bodily
functions and which requires separation from employment. If the
impairment is the result of a previous impairment, it shall be
considered a continuation of the prior impairment.

 

Employee An individual employed by the U.S. Government, under a
direct-hire appointment, personal services contract, or personal
services agreement, as further defined in Section C.1.3 for health
insurance and C.2.3 for life insurance

 

Retired Employees A group of individuals retired from the Mission after
completing the age and years of service, in accordance with the
Compensation Plan as follows:

  ------------------------------- ---------------------------------------
  **MINIMUM AGE**                 **MINIMUM YEARS OF SERVICE**

  **55**                          **30**

  **60**                          **20**

  **62**                          **5**

  **65**                          **N/A**
  ------------------------------- ---------------------------------------

Employer The United States Government.

 

GSO General Services Officer in charge of the General Services Office at
post. This officer is usually the Contracting Officer for this contract.

 

Hospital An institution established and operated for the care and
treatment of sick and injured persons. It provides 24-hour nursing care
and has diagnostic, laboratory, treatment, and surgical facilities. Any
institution which does not meet this definition is not considered a
hospital.

 

Hospital Patient An individual who has been admitted to a hospital, is
assigned a bed, and is given diagnostic tests or receives treatment for
a disease or an injury.

 

Maximum Benefit The total amount that will be paid to any one covered
individual for covered medical expenses or life insurance/disability
benefit.

 

Customary and Reasonable Treatment A diagnostic test or medical
treatment which is usually performed in the community where the
individual is being treated.

 

Physician An individual who has graduated from an accredited medical
school and is licensed to practice medicine in the jurisdiction in which
the contract is to be performed. If the individual is a medical
specialist, then he or she is Board Certified in that specialty.

 

Surgical procedure Any invasive medical procedure by manual or
instrument operation undertaken for diagnosis or treatment of a diseased
patient.

 

 

**SECTION D**

**PACKAGING AND MARKING**

 

(RESERVED)

**SECTION E**

**INSPECTION AND ACCEPTANCE**

 

E.1. [52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)]{.underline}

 

This contract incorporates the following clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this address:

 

http://www.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.state.gov/) to see
the links to the FAR. You may also use a network "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)]{.underline}

 

52.246-4 Inspection of Services - Fixed Price (AUG 1996)

 

E.2. [QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)]{.underline}

 

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

 

 

+---------------------------------+---------+-------------------------+
| Performance Objective           | PWS     | Performance Threshold   |
|                                 | Para    |                         |
+---------------------------------+---------+-------------------------+
| [Services.]{.underline}         |         |                         |
|                                 |         |                         |
| Performs all the insurance      | C.1.0   | All required services   |
| services set forth in the       | thru    | are performed and no    |
| performance work statement      | C.3.0   | more than one (1)       |
| (PWS)                           |         | customer complaint is   |
|                                 |         | received per month      |
|                                 |         |                         |
|                                 |         |                         |
+---------------------------------+---------+-------------------------+

 

 

E.3.1 [Surveillance.]{.underline} The COR will receive and document all
complaints from Government personnel regarding the services provided. If
appropriate, the COR will send the complaints to the Contractor for
corrective action.

 

E.3.2 [Standard.]{.underline} The performance standard is that the
Government receives no more than one (1) customer complaint per month.
The COR shall notify the Contracting Officer of the complaints so that
the Contracting Officer may take appropriate action to enforce the
inspection clause (FAR 52.246-4, Inspection of Services -- Fixed Price
(AUG 1996) or the appropriate Inspection of Services clause), if any of
the services exceed the standard.

 

E.3.3 [Procedures]{.underline}

 

\(a\) If any Government personnel observe unacceptable services, either
incomplete work or required services not being performed, they should
immediately contact the COR.

 

\(b\) The COR will complete appropriate documentation to record the
complaint.

 

\(c\) If the COR determines the complaint is invalid, the COR will
advise the complainant. The COR will retain the annotated copy of the
written complaint for his/her files.

 

\(d\) If the COR determines the complaint is valid, the COR will inform
the Contractor and give the Contractor additional time to correct the
defect, if additional time is available. The COR shall determine how
much time is reasonable.

 

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

 

\(f\) If the Contractor disagrees with the complaint and challenges the
validity of the complaint, the Contractor will notify the COR. The COR
will review the matter to determine the validity of the complaint.

 

\(g\) The COR will 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 received for the same deficiency during
the service period, the COR will contact the Contracting Officer for
appropriate action under the Inspection clause.

 

**SECTION F**

**DELIVERIES OR PERFORMANCE**

 

F.1. [52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)]{.underline}

 

This contract incorporates the following clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this address:

 

<http://www.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.state.gov/) to see
the links to the FAR. You may also use a network "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)]{.underline}

 

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

 

F.2 [PERIOD OF PERFORMANCE]{.underline}. The performance period of this
contract is one year beginning November 16, 2007 to November 15, 2008,
with four one-year options to renew.

 

F.3 [OPTIONS]{.underline}

 

\(a\) The Government may extend this contract in accordance with the
option clause at Section I, clause I.2, [FAR Clauses Incorporated by
Full Text]{.underline} (FAR 52.217-9, Option to Extend the Term of the
Contract), which also specifies the total potential duration of the
contract.

 

\(b\) The Government may exercise the option set forth at Section I,
\"FAR 52.217-8, Option to Extend Services\".

 

F.4 [REPORTS AND OTHER DELIVERABLES]{.underline}

 

All reports and other deliverables required under this contract shall be
delivered to the following address:

  Contracting Officer

American Embassy

Av. Patria y 12 de Octubre

Quito

**SECTION G**

**CONTRACT ADMINISTRATION DATA**

 

G.1. [652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG
1999)]{.underline}

 

\(a\) The Contracting Officer may designate in writing one Government
employee, by name or position title, to take action for the Contracting
Officer under this contract. This designee shall be identified as a
Contracting Officer's Representative (COR). Such designation shall
specify the scope and limitations of the authority so delegated;
provided, that the designee shall not change the terms or conditions of
the contract, unless the COR is a warranted Contracting Officer and this
authority is delegated in the designation.

 

\(b\) The COR for this contract is the Human Resources Officer.

 

G.2 [COR DUTIES]{.underline}

 

G.2.1 The COR is responsible for inspection and acceptance of services.
These duties include review of Contractor invoices, including the
supporting documentation required by the contract. The COR may provide
technical advice, substantive guidance, inspections, invoice approval,
and other purposes as deemed necessary under the contract.

 

G.2.2 In addition, the COR shall maintain updated list of employees and
dependents insured, which will supersede the initial list provided under
this contract and as reported to the insurer***,*** without prejudice to
the ineligibility clause.

 

G.2.3. The COR has the additional responsibility of maintaining the
eligible listing of employees and dependents for insurance coverage.

 

G.2.4 The COR may not change the terms and conditions of the contract.
While the COR is authorized to provide the Contractor with updated
listings of eligible employees and dependents, only the Contracting
Officer may modify existing task orders or issue new task orders,
reflecting these changes, since only the Contracting Officer can
obligate funding and commit the Government.

  

G.3. Payment shall be made in USDollars***.***

 

G.4 [SUBMISSION OF INVOICES AND PAYMENT]{.underline}

 

G.4.1. Invoices shall be submitted in an original and three (3) copies
to the following address (designated billing office only for the purpose
of submitting invoices):

 

Financial Management Office

American Embassy

Av. 12 de Octubre y Patria

Quito

 

G.4.2. [Frequency of Payments.]{.underline} All funds under this
contract will be obligated by issuance of task orders, as described in
H.3. Each task order will fund a specific period of time and number of
employees, and the task orders will be issued at the frequency described
in H.3. All payments under this contract will be made at the conclusion
of the period covered. Invoices may be submitted biweekly with payments
being made biweekly by the Government.

 

 G.4.3. [U.S. Government Employees]{.underline}. The Government shall
make payments directly to the contractor for all Government employees
and retirees, whether or not the employee is contributing to the premium
amount.

*** *** 

G.5 [REFUNDS TO THE GOVERNMENT]{.underline}

 

If at any time during performance of the contract the Government finds
that the contractor has been overpaid because the number of employees
and/or dependents covered has decreased, the Contracting Officer may
either allow that overpayment to be credited to the Government's account
or require that the contractor refund the overpayment. If the
Contracting Officer requests a refund, the contractor shall make that
refund to the Government within ten calendar days of receipt of the
request.

  

G.6 The contractor shall show Value Added Tax (VAT) as a separate item
on invoices submitted for payment.

 

**SECTION H**

**SPECIAL CONTRACT REQUIREMENTS**

 

H.1 [SECURITY]{.underline}. On occasion, a Contractor employee may
require entry into U.S. Government-owned or -operated facilities. If so,
the Contractor should be prepared to provide the necessary
identification to permit escorted access within that facility.

 

H.2 [STANDARDS OF CONDUCT]{.underline}. The Contractor shall maintain
satisfactory standards of employee competency, conduct, cleanliness,
appearance, and integrity and shall be responsible for taking such
disciplinary action with respect to employees as may be necessary. Each
Contractor employee is to adhere to standards that reflect credit on
themselves, their employer, and the United States Government.

 

H.3 [ORDERING PROCEDURES.]{.underline} The Government will issue a task
order as soon as possible after contract award to identify all employees
to be covered by the insurance described in this contract and the
coverage selected by each employee, including dependents to be covered.
The COR will make subsequent additions or deletions to this list in
writing and provide the revised list to the Contractor. All such
revisions shall be consolidated, and a new or modified task order will
be issued by the Contracting Officer. If any changes have been made to
the coverage listing, the Government anticipates issuance of a new task
order on a biweekly basis. This new task order will include all changes
made since the previous task order was issued and will include any
increase or decrease in necessary funding. The changes to the list of
eligible individuals will supersede the initial list provided under
prior task orders without prejudice to the ineligibility clause. Task
orders will indicate the effective date of employment, for purposes of
calculating the premium due.

 

H.4. [CONTRACTOR RESPONSIBILITY IN CLAIMS AND REIMBURSEMENT TO
CLAIMANTS]{.underline}

  

[General.]{.underline} The Contractor shall be responsible for all
planning, estimating, programming, project management, scheduling,
dispatching, supervision, and inspection of work. The Contractor shall
maintain his own reference library of technical reference works and
local laws and regulations, including current tariffs and registries.
The Contractor shall treat the information provided by the Embassy
concerning employee\' personal data, medical information, and salaries
as highly sensitive and not divulge any employee information to
unauthorized persons. The Contractor shall establish procedures for
handling medical insurance claims as follows:

 

\(a\) Administrative Records.

\(1\) The Contractor shall maintain medical insurance files for each
covered employee and each covered dependent including receipts and proof
of paid claims, requests for claim reimbursements, and accounting of
paid benefits with balances of amounts remaining per person
reimbursement ceiling.

 

\(2\) The Contractor shall provide the COR with the necessary claim
forms for each type of benefit that can be claimed under the contract.
These forms shall specify a list of documents required to be appended to
each claim and otherwise provide instructions for claim filing.

 

\(3\) The Contractor shall use the English spelling of the employees\'
names in all transactions, including reimbursement checks.

* * 

> \(4\) The Contractor shall provide employee claim reimbursement checks
> to the COR for disbursement to the employee not later than the Tuesday
> which is two weeks after the claim has been submitted.

 

> \(b\) Medical Insurance Claims. Settlement of medical insurance shall
> be completed as follows:

\(1\) All medical claims shall be submitted directly to the Contractor
by employees, through a drop box in the COR\'s office. The claims shall
be picked up from the COR each Tuesday.

 

\(2\) The Contractor shall date stamp and screen all claims submitted on
the day of receipt. If there are any missing documents or information
thereby disallowing said claim to be payable, the Contractor shall
notify the employee within two days, with a copy to the COR (if
notification is written).

 

\(3\) The contractor shall settle the claims no later than two weeks
from the date the claim is submitted to the Contractor.

 

\(4\) Settlement shall be by issuance of checks in the name of the
employee for each claim submitted. Each check shall be accompanied by a
form providing details of the amount reimbursed with an explanation of
deductions, if any.

 

\(5\) The Contractor shall accept the employee\'s or dependent\'s choice
to go for surgery to hospitals designated by the Contractor in order
that the Contractor will pay the expenses directly to the hospitals.

 

\(c\) Payment of Life Insurance Benefits to Beneficiaries. The
Contractor shall settle like insurance claims as follows:

 

  (1) The Contractor shall provide forms for the designation of
beneficiaries for the life insurance benefits to the COR. The COR shall
have all enrolled eligible employees complete designation of beneficiary
forms and keep them in their personnel folders. Upon the death of an
enrolled employee, the COR shall provide this form to the Contractor.

 

\(2\) The Contractor shall pay the employee\'s named beneficiary, legal
heir, or estate the total amount of the claim within 60 days from the
date the Contractor receives a completed dismemberment or death claim.
Payment shall be computed on the basis of the coverage as defined in
Section C.2.0 and its subparagraphs.

 

H.5. [REPORT REQUIREMENTS]{.underline}. The Contractor shall provide the
following reports monthly. All reports must be received by the COR no
later than the 10th day of each month. These reports shall report on the
previous month\'s activities.

 

\(a\) Employee Claims Report. The report will list all claims paid by
the Contractor to a claimant, including the name of the claimant, date
claim is received by the Contractor, and the amount claimed. This report
shall also include all outstanding claims and a brief description of why
claim has not been paid.

 

H.6. [MISCELLANEOUS CONTRACTOR REQUIREMENTS]{.underline}

 

H.6.1. [General]{.underline}. The Contractor shall take all such steps
as are necessary, and obtain and pay for all permits, taxes and fees as
are required by the Ecuadorian government to establish and/or operate a
commercial venture locally. A contract with the U.S. Government conveys
no special privileges or immunities to the Contractor. The Contractor is
an independent commercial concern and not a part of the U.S. mission.
The Contractor\'s employees are not U.S. Government employees.
Registration of this contract with the Ecuadorian government, if
required by law, will be the sole responsibility of the Contractor, and
any fees, taxes, or other duties shall be payable by the Contractor
without recourse to the Government of the amounts thereof.

 

H.6.2. [Licenses and Local Laws.]{.underline} The Contractor shall
possess all permits, licenses, and any other appointments required for
the prosecution of work under this contract, all at no additional cost
to the Government. The Contractor shall perform this contract in
accordance with local laws.

 

H.7 [Erroneous Payments]{.underline}. If the Government becomes eligible
for a refund of payment because of erroneous overpayment or other cause,
the Contractor shall refund the amounts or use them to offset future
payments owed by the Government, whichever the Government prefers. The
Contractor shall refund any refunds not complete or discovered after the
completion date of this contract.

 

H.8 [Requiring Activit]{.underline}y. The requiring activity under this
contract is the U.S. Embassy/Consulate.

**SECTION I**

**CONTRACT CLAUSES**

 

I.1. [52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998]{.underline})

 

This contract incorporates the following clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this address:

http://www.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://wwwlstatebuy.gov/home.htm> to see the links to the FAR. You may
also use a network "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)]{.underline}

 

52.202-1 DEFINITIONS (JUL 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEPT 2007)

52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER

(AUG 2000)

52.204-9 PERSONAL VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 1999)

52.215-8 ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER
THAN COST OR PRICING DATA\--

MODIFICATIONS (OCT 1997)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING

PAYMENT OF UNION DUES OR FEES (DEC 2004)

52.222-50 COMBATTING TRAFFICKING IN PERSONS (AUG 2007)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(FEB 2006)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT (FEB 2000)

52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE

> OVERSEAS (APR 1984)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (JUN 2003)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (JUN 1996)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25 PROMPT PAYMENT (OCT 2003)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999)

52.233-1 DISPUTES (JUL 2002) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

> CLAIM (OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
(APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES (AUG 1997) - ALTERNATE I (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)

52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)

52.248-1 VALUE ENGINEERING (FEB 2000)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE)
(MAY 2004)

52.249-8 DEFAULT - FIXED PRICE SUPPLY AND SERVICE (APR 1984)

 

I.2. [FAR CLAUSES INCORPORATED IN FULL TEXT]{.underline}

 

[52.216-18 ORDERING (OCT 1995)]{.underline}

 

\(a\) Any supplies and services to be furnished under this contract
shall be ordered by issuance of delivery orders or task orders by the
individuals or activities designated in the Schedule. Such orders may be
issued from the first day of the ongoing performance period through the
last day of that performance period. See F.2.

 

\(b\) All delivery orders or task orders are subject to the terms and
conditions of this contract. In the event of conflict between a delivery
order or task order and this contract, the contract shall control.

 

\(c\) If mailed, a delivery order or task order is considered \"issued\"
when the Government deposits the order in the mail. Orders may be issued
orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

 

[52.216-19 ORDER LIMITATIONS. (OCT 1995)]{.underline}

 

*** ***

\(a\) Minimum order. When the Government requires supplies or services
covered by this contract in an amount of less than \$20.00, the
Government is not obligated to purchase, nor is the Contractor obligated
to furnish, those supplies or services under the contract.

 

\(b\) Maximum order. The Contractor is not obligated to honor\--

 

\(1\) Any order for a single item in excess of \$20.00

 

\(2\) Any order for a combination of items in excess of \$2,880,000; or

 

\(3\) A series of orders from the same ordering office within 30 days
that together call for quantities exceeding the limitation in
subparagraph (1) or (2) above.

 

\(c\) If this is a requirements contract (such as, includes the
Requirement clause at subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the
maximum-order limitations in paragraph (b) above.

 

\(d\) Notwithstanding paragraphs (b) and (c) above, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph
(b), unless that order (or orders) is returned to the ordering office
within 30 days after issuance, with written notice stating the
Contractor\'s intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.

 

[52.216-21  REQUIREMENTS (OCT 1995)]{.underline}

 

\(a\) This is a requirements contract for the supplies or services
specified, and effective for the period stated, in the Schedule. The
quantities of supplies or services specified in the Schedule are
estimates only and are not purchased by this contract. Except as this
contract may otherwise provide, if the Government\'s requirements do not
result in orders in the quantities described as \"estimated\" or
\"maximum\" in the Schedule, that fact shall not constitute the basis
for an equitable price adjustment.

 

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. Subject to any
limitations in the Order Limitations clause or elsewhere in this
contract, the Contractor shall furnish to the Government all supplies or
services specified in the Schedule and called for by orders issued in
accordance with the Ordering clause. The Government may issue orders
requiring delivery to multiple destinations or performance at multiple
locations.

 

\(c\) Except as this contract otherwise provides, the Government shall
order from the Contractor all the supplies or services specified in the
Schedule that are required to be purchased by the Government activity or
activities specified in the Schedule.

 

\(d\) The Government is not required to purchase from the Contractor
requirements in excess of any limit on total orders under this contract.

 

\(e\) If the Government urgently requires delivery of any quantity of an
item before the earliest date that delivery may be specified under this
contract, and if the Contractor will not accept an order providing for
the accelerated delivery, the Government may acquire the urgently
required goods or services from another source.

 

\(f\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor\'s and Government\'s rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract\'s effective period; *provided*, that the Contractor shall not
be required to make any deliveries under this contract after 30 calendar
days.

 

[52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)]{.underline}

 

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. The option
provision may be exercised more than once, but the total extension of
performance hereunder shall not exceed 6 months. The Contracting Officer
may exercise the option by written notice to the Contractor within the
performance period of the contract.

 

[52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)]{.underline}

 

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within the performance period of the contract
or within 30 days after funds for the option year become available,
whichever is later.

 

\(b\) If the Government exercises this option, the extended contract
shall be considered to include this option clause.

 

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years.

 

[52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION
DUES OR FEES (DEC 2004) (only if over \$100,000)]{.underline}

 

\(a\) *Definition*. As used in this clause---

*United States* means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.

\(b\) Except as provided in paragraph (e) of this clause, during the
term of this contract, the Contractor shall post a notice, in the form
of a poster, informing employees of their rights concerning union
membership and payment of union dues and fees, in conspicuous

places in and about all its plants and offices, including all places
where notices to employees are customarily posted. The notice shall
include the following information (except that the information
pertaining to National Labor Relations Board shall not be

included in notices posted in the plants or offices of carriers subject
to the Railway Labor Act, as amended (45 U.S.C. 151-- 188)).

 

**Notice to Employees\
**

Under Federal law, employees cannot be required to join a union or
maintain membership in a union in order to retain their jobs. Under
certain conditions, the law permits a union and an employer to enter
into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not union
members can object to the use of their payments for certain purposes and
can only be required to pay their share of union costs relating to
collective bargaining, contract administration, and grievance
adjustment.

 

If you do not want to pay that portion of dues or fees used to support
activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have been
required to pay dues or fees used in part to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate
reduction in

future payments.

 

For further information concerning your rights, you may wish to contact
the National Labor Relations Board (NLRB) either at one of its Regional
offices or at the following

address or toll free number:

 

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-- 866-- 667-- 6572

1-- 866-- 316-- 6572 (TTY)

 

To locate the nearest NLRB office, see NLRB's website at
*http://www.nlrb.gov*.

 

> \(c\) The Contractor shall comply with all provisions of Executive
> Order 13201 of February 17, 2001, and related implementing regulations
> at 29 CFR part 470, and orders of the Secretary of Labor.

 

> \(d\) In the event that the Contractor does not comply with any of the
> requirements set forth in paragraphs (b), (c), or (g), the Secretary
> may direct that this contract be cancelled, terminated, or suspended
> in whole or in part, and declare the Contractor ineligible for further
> Government contracts in accordance with procedures at 29 CFR part 470,
> Subpart B--- Compliance Evaluations, Complaint Investigations and
> Enforcement Procedures. Such other sanctions or remedies may be
> imposed as are provided by 29 CFR part 470, which implements Executive
> Order 13201, or as are otherwise provided by law.

 

\(e\) The requirement to post the employee notice in paragraph (b) does
not apply to---

 

> \(1\) Contractors and subcontractors that employ fewer than 15
> persons;
>
> \(2\) Contractor establishments or construction work sites where no
> union has been formally recognized by the Contractor or certified as
> the exclusive bargaining representative of the Contractor's employees;
>
> \(3\) Contractor establishments or construction work sites located in
> a jurisdiction named in the definition of the United States in which
> the law of that jurisdiction forbids enforcement of union-security
> agreements;
>
> \(4\) Contractor facilities where upon the written request of the
> Contractor, the Department of Labor Deputy Assistant Secretary for
> Labor-Management Programs has waived the posting requirements with
> respect to any of the Contractor's facilities if the Deputy Assistant
> Secretary finds that the Contractor has demonstrated that---
>
> \(i\) The facility is in all respects separate and distinct from
> activities of the Contractor related to the performance of a contract;
> and
>
> \(ii\) Such a waiver will not interfere with or impede the
> effectuation of the Executive order; or
>
> \(5\) Work outside the United States that does not involve the
> recruitment or employment of workers within the United States.
>
> \(f\) The Department of Labor publishes the official employee notice
> in two variations; one for contractors covered by the Railway Labor
> Act and a second for all other contractors. The Contractor shall---
>
> \(1\) Obtain the required employee notice poster from the Division of
> Interpretations and Standards, Office of Labor-Management Standards,
> U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-- 5605,
> Washington, DC 20210, or from any field office of the Department's
> Office of Labor-Management Standards or Office of Federal Contract
> Compliance Programs;
>
> \(2\) Download a copy of the poster from the Office of
> Labor-Management Standards website at *http://www.olms.dol.gov*; or
>
> \(3\) Reproduce and use exact duplicate copies of the Department of
> Labor's official poster.
>
> \(g\) The Contractor shall include the substance of this clause in
> every subcontract or purchase order that exceeds the simplified
> acquisition threshold, entered into in connection with this contract,
> unless exempted by the Department of Labor Deputy Assistant Secretary
> for Labor--Management Programs on account of special circumstances in
> the national interest under authority of 29 CFR 470.3(c). For
> indefinite quantity subcontracts, the Contractor shall include the
> substance of this clause if the value of orders in any calendar year
> of the subcontract is expected to exceed the simplified acquisition
> threshold. Pursuant to 29 CFR part 470, Subpart B--- Compliance
> Evaluations, Complaint Investigations and Enforcement Procedures, the
> Secretary of Labor may direct the Contractor to take such action in
> the enforcement of these regulations, including the imposition of
> sanctions for noncompliance with respect to any such subcontract or
> purchase order. If the Contractor becomes involved in litigation with
> a subcontractor or vendor, or is threatened with such involvement, as
> a result of such
>
> direction, the Contractor may request the United States, through the
> Secretary of Labor, to enter into such litigation to protect the
> interests of the United States.

 

 

[52.232‑19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984)]{.underline}

 

Funds are not presently available for performance under this contract
beyond [30 September of each Government Fiscal Year]{.underline}. The
Government\'s obligation for performance of this contract beyond that
date is contingent upon the availability of appropriated funds from
which payment for contract purposes can be made. No legal liability on
the part of the Government for any payment may arise for performance
under this contract beyond [30 September of each Government Fiscal
Yea]{.underline}r, until funds are made available to the Contracting
Officer for performance and until the Contractor receives notice of
availability, to be confirmed in writing by the Contracting Officer*.*

 

[52.237-3 CONTINUITY OF SERVICES (JAN 1991)]{.underline}

 

\(a\) The Contractor recognizes that the services under this contract
are vital to the government and must be continued without interruption
and that, upon contract expiration, a successor, either the government
or another contractor, may continue them. The Contractor agrees to (1)
furnish phase-in training and (2) exercise its best efforts and
cooperation to effect an orderly and efficient transition to a
successor.

 

\(b\) The Contractor shall, upon the contracting officer's written
notice, (1) furnish phase-in, phase-out services for up to 90 days after
this contract expires and (2) negotiate in good faith a plan with a
successor to determine the nature and extent of phase-in , phase-out
services required. The plan shall specify a training program and a date
for transferring responsibilities for each division of work described in
the plan, and shall be subject to the contracting officer's approval.
The Contractor shall provide sufficient experienced personnel during the
phase-in, phase-out period to ensure that the services called for by
this contract are maintained at the required level of proficiency.

 

\(c\) The Contractor shall allow as many personnel as practicable to
remain on the job to help the successor maintain the continuity and
consistency of the services required by this contract. The Contractor
also shall disclose necessary personnel records and allow the successor
to conduct on site interviews with these employees. If selected
employees are agreeable to the change, the contractor shall release them
at a mutually agreeable date and negotiate transfer of their earned
fringe benefits to the successor.

 

\(d\) The Contractor shall be reimbursed for all reasonable phase-in,
phase-out costs (i.e., costs incurred within the agreed period after
contract expiration that result from phase-in, phase-out operations) and
a fee (profit) not to exceed a pro rata portion of the fee (profit)
under this contract.

 

I.3 [DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR)]{.underline}

[CLAUSES, 48 CFR CH. 6 Included in Full Text:]{.underline}

 

[652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE
PROCEDURES (AUG 2007)]{.underline}

\(a\) The Contractor shall comply with the Department of State (DOS)
Personal Identification Card Issuance Procedures for all employees
performing under this contract who require frequent and continuing
access to DOS facilities, or information systems. The Contractor shall
insert this clause in all subcontracts when the subcontractor's
employees will require frequent and continuing access to DOS facilities,
or information systems.

\(b\) The DOS Personal Identification Card Issuance Procedures may be
accessed at <http://www.state.gov/m/ds/rls/rpt/c21664.htm>.

(End of clause)

[652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR
2004)]{.underline}

 

The Government shall use one of the following forms to issue orders
under this contract:

 

\(a\) The Optional Form 347, Order for Supplies or Services, and
Optional Form 348, Order for Supplies or Services Schedule -
Continuation; or,

 

\(b\) The DS-2076, Purchase Order, Receiving Report and Voucher, and
DS-2077, Continuation Sheet.

 

[652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS
AMENDED (AUG 1999)]{.underline}

 

\(a\) Section 8(a) of the U.S. Export Administration Act of 1979, as
amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with
any boycott fostered by a foreign country against a country which is
friendly to the United States and which is not itself the object of any
form of boycott pursuant to United States law or regulation. The Boycott
of Israel by Arab League countries is such a boycott, and therefore, the
following actions, if taken with intent

to comply with, further, or support the Arab League Boycott of Israel,
are prohibited activities under the Export Administration Act:

> \(1\) Refusing, or requiring any U.S. person to refuse to do business
> with or in Israel, with any Israeli business concern, or with any
> national or resident of Israel, or with any other person, pursuant to
> an agreement of, or a request from or on behalf of a boycotting
> country;
>
> \(2\) Refusing, or requiring any U.S. person to refuse to employ or
> otherwise discriminating against any person on the basis of race,
> religion, sex, or national origin of that person or of any owner,
> officer, director, or employee of such person;
>
> \(3\) Furnishing information with respect to the race, religion, or
> national origin of any U.S. person or of any owner, officer, director,
> or employee of such U.S. person;
>
> \(4\) Furnishing information about whether any person has, has had, or
> proposes to have any business relationship (including a relationship
> by way of sale, purchase, legal or commercial representation, shipping
> or other transport, insurance, investment, or supply) with or in the
> State of Israel, with any business concern organized under the laws of
> the State of Israel, with any Israeli national or resident, or with
> any person which is known or believed to be restricted from having any
> business relationship with or in Israel;
>
> \(5\) Furnishing information about whether any person is a member of,
> has made contributions to, or is otherwise associated with or involved
> in the activities of any charitable or fraternal organization which
> supports the State of Israel; and,
>
> \(6\) Paying, honoring, confirming, or otherwise implementing a letter
> of credit which contains any condition or requirement against doing
> business with the State of Israel.

\(b\) Under Section 8(a), the following types of activities are not
forbidden \`\`compliance with the boycott\'\', and are therefore
exempted from Section 8(a)\'s prohibitions listed in paragraphs
(a)(1)-(6) above:

> \(1\) Complying or agreeing to comply with requirements:
>
> \(i\) Prohibiting the import of goods or services from Israel or goods
> produced or services provided by any business concern organized under
> the laws of Israel or by nationals or residents of Israel; or,
>
> \(ii\) Prohibiting the shipment of goods to Israel on a carrier of
> Israel, or by a route other than that prescribed by the boycotting
> country or the recipient of the shipment;
>
> \(2\) Complying or agreeing to comply with import and shipping
> document requirements with respect to the country of origin, the name
> of the carrier and route of shipment, the name of the supplier of the
> shipment or the name of the provider of other services, except that no
> information knowingly furnished or conveyed in response to such
> requirements may be stated in negative, blacklisting, or similar
> exclusionary terms, other than with respect to carriers or route of
> shipments as may be permitted by such regulations in order to comply
> with precautionary requirements protecting against war risks and
> confiscation;
>
> \(3\) Complying or agreeing to comply in the normal course of business
> with the unilateral and specific selection by a boycotting country, or
> national or resident thereof, of carriers, insurance, suppliers of
> services to be performed within the boycotting country or specific
> goods which, in the normal course of business, are identifiable by
> source when imported into the boycotting country;
>
> \(4\) Complying or agreeing to comply with the export requirements of
> the boycotting country relating to shipments or transshipments of
> exports to Israel, to any business concern of or organized under the
> laws of Israel, or to any national or resident of Israel;
>
> \(5\) Compliance by an individual or agreement by an individual to
> comply with the immigration or passport requirements of any country
> with respect to such individual or any member of such individual\'s
> family or with requests for information regarding requirements of
> employment of such individual within the boycotting country; and,
>
> \(6\) Compliance by a U.S. person resident in a foreign country or
> agreement by such person to comply with the laws of that country with
> respect to his or her activities exclusively therein, and such
> regulations may contain exceptions for such resident complying with
> the laws or regulations of that foreign country governing imports into
> such country of trademarked, trade named, or similarly specifically
> identifiable products, or components of products for his or her own
> use, including the performance of contractual services within that
> country, as may be defined by such regulations.

 

[652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG
1999)]{.underline}

 

Regulations at 22 CFR Part 136 require that U.S. Government employees
and their families do not profit personally from sales or other
transactions with persons who are not themselves entitled to exemption
from import restrictions, duties, or taxes. Should the contractor
experience importation or tax privileges in a foreign country because of
its contractual relationship to the United States Government, the
contractor shall observe the requirements of 22 CFR Part 136 and all
policies, rules, and procedures issued by the chief of mission in that
foreign country.

 

[652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR
2004)]{.underline}

 

All work shall be performed during working hours, 0800 to 1700 from
Monday through Friday except for the holidays identified below. Other
hours may be approved by the Contracting Officer\'s Representative.
Notice must be given 24 hours in advance to COR who will consider any
deviation from the hours identified above.

 

\(a\) The Department of State observes the following days as holidays:

 

+-----------------------------------------------------------------------+
| > New Years\'s Day                                                    |
+-----------------------------------------------------------------------+
| > Martin Luther King\'s Birthday                                      |
+-----------------------------------------------------------------------+
| Washington\'s Birthday                                                |
+-----------------------------------------------------------------------+
| Carnival                                                              |
+-----------------------------------------------------------------------+
| Holy Thursday                                                         |
+-----------------------------------------------------------------------+
| Good Friday                                                           |
+-----------------------------------------------------------------------+
| Labor Day                                                             |
+-----------------------------------------------------------------------+
| Battle of Pichincha                                                   |
+-----------------------------------------------------------------------+
| Memorial Day                                                          |
+-----------------------------------------------------------------------+
| Independence Day                                                      |
+-----------------------------------------------------------------------+
| Founding of Guayaquil \*                                              |
+-----------------------------------------------------------------------+
| Independence Day                                                      |
+-----------------------------------------------------------------------+
| Labor Day                                                             |
+-----------------------------------------------------------------------+
| Columbus Day                                                          |
+-----------------------------------------------------------------------+
| All Souls Day                                                         |
+-----------------------------------------------------------------------+
| Independence of Cuenca                                                |
+-----------------------------------------------------------------------+
| Veterans Day                                                          |
+-----------------------------------------------------------------------+
| Thanksgiving Day                                                      |
+-----------------------------------------------------------------------+
| Founding of Quito \*\*                                                |
+-----------------------------------------------------------------------+
| Christmas Day                                                         |
+-----------------------------------------------------------------------+
| (\*) Guayaquil Only                                                   |
+-----------------------------------------------------------------------+
| (\*\*) Quito Only                                                     |
+-----------------------------------------------------------------------+

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

 

\(b\) When any such day falls on a Saturday or Sunday, the following
Monday is observed. Observance of such days by Government personnel
shall not be cause for additional period of performance or entitlement
to compensation except as set forth in the contract.

 

[652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)]{.underline}

 

\(a\) The contractor warrants the following:

 

\(1\) That it has obtained authorization to operate and do business in
the country or countries in which this contract 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 countries during the
performance of this contract.

 

\(b\) If the party actually performing the work will be a subcontractor
or joint venture partner, then such subcontractor or joint venture
partner agrees to the requirements of paragraph (a) of this clause.

 

[652.243-70 NOTICES (AUG 1999)]{.underline}

 

Any notice or request relating to this contract given by either party to
the other shall be in writing. Said notice or request shall be mailed or
delivered by hand to the other party at the address provided in the
schedule of the contract. All modifications to the contract must be made
in writing by the contracting officer.

 

**SECTION J**

**LIST OF EXHIBITS/ATTACHMENTS**

 

 

Exhibit A -- EMPLOYEE STATISTICS

 

 ([TO BE GIVEN TO INTERESTED COMPANIES UNDER REQUEST)]{.mark}

 

 

**SECTION K**

**REPRESENTATIONS, CERTIFICATIONS,**

**AND OTHER STATEMENTS OF OFFERORS**

 

 

K.1 [52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR
1985)]{.underline}

 

\(a\) The offeror certifies that

 

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to (i) those prices, (ii) the intention to submit an offer, or
(iii) the methods or factors used to calculate the prices offered:

 

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

 

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not submit an offer for the purpose of
restricting competition.

 

\(b\) Each signature on the offer is considered to be certification by
the signatory that the signatory -

 

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) above; or

 

(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) above
[                                                                                     ]{.underline}

(insert full name of person(s) in the offeror\'s organization
responsible for determining the prices offered in this bid or proposal,
and the title of his or her position in the offeror\'s organization);

 

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) above have not participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above.

 

\(iii\) as an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above.

 

\(c\) if the offeror deletes or modifies subparagraph (a)(2) above, the
offeror must furnish with its offer a signed statement setting forth in
detail the circumstances of the disclosure.

 

 

K.2. [52.203‑11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)]{.underline}

\(a\) Definitions. As used in this provision -- "Lobbying contact" has
the meaning provided at 2 USC 1602(8). The terms "agency", "influencing
or attempting to influence", "officer or employee of an agency",
"person", "reasonable compensation", and "regularly employed" are
defined in the FAR clause of this solicitation entitled Limitation on
Payments to Influence Certain Federal Transactions (52.203-12).

\(b\) Prohibition. The prohibition and exceptions contained in the FAR
clause of this solicitation entitled "Limitation on Payments to
Influence Certain Federal Transactions" (52.203-12) are hereby
incorporated by reference in this provision.

.

\(c\) Certification. The offeror, by signing its offer, hereby certifies
to the best of his or her knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress on its behalf in connection with the
awarding of this contract.

\(d\) Disclosure. If any registrants under the Lobbying Disclosure Act
of 1995 have made a lobbying contract on behalf of the offeror with
respect to this contract, the offeror shall complete and submit, with
its officer, OMB Standard Form LLL, Disclosure of Lobbying Activities,
to provide the name of the registrants. The offeror need not report
regularly employed officers or employees of the offeror to whom payments
of reasonable compensation were made.

\(e\) Penalty. Submission of this certification and disclosure is a
prerequisite for making or entering into this contract imposed by 31 USC
1352. Any persons who makes an expenditure prohibited under this
provision or who fails to file or amend the disclosure required to be
filed or amended by this provision, shall be subject to a civil penalty
of not less than \$10,000, and not more than \$100,000, for each
failure.

K.3. [52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)]{.underline}

 

\(a\) Definitions.

 

\"Common parent\", as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

 

\"Taxpayer Identification Number (TIN)\", as used in this provision,
means the number required by the IRS to be used by the offeror in
reporting income tax and other returns. The TIN may be either a Social
Security Number or an Employer Identification Number.

 

\(b\) All offerors must submit the information required in paragraphs
(d)through (f) of this provision in order to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325 (d), reporting requirements
of 26 USC 6041, 6041A, and 6050M and implementing regulations issued by
the Internal Revenue Service (IRS). If the resulting contract is subject
to the reporting requirements described in FAR 4.904, the failure or
refusal by the offeror to furnish the information may result in a 31
percent reduction of payments otherwise due under the contract.

 

(c)  The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (3l USC 7701(c)(3)). If the resulting contract is subject to
the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

 

\(d\) 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 effectively connected with the
conduct of a trade or business in the U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;

 

\_\_ Offeror is an agency or instrumentality of a foreign government;

\_\_ Offeror is an agency or instrumentality of the Federal Government.

 

\(e\) 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
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 

\(f\) Common Parent.

\_\_\_ Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.

\_\_\_ Name and TIN of common parent;

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 

K.4 [52.204-6 CONTRACTOR IDENTIFICATION NUMBER -DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) NUMBER (OCT 2003)]{.underline}

 

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS+4\"
followed by the DUNS number or \"DUNS+4\" that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number is a
nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the
DUNS number plus a 4-character suffix that may be assigned at the
discretion of the offeror to establish additional CCR records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
Subpart 32.11) for the same parent concern.

 

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

 

\(1\) An offeror may obtain a DUNS number-

> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> *http://www.dnb.com*; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office.

 

\(2\) The offeror should be prepared to provide the following
information:

> \(i\) Company legal business name.
>
> \(ii\) Tradestyle, doing business, or other name by which your entity
> is commonly recognized.
>
> \(iii\) Company physical street address, city, state and Zip Code.
>
> \(iv\) Company mailing address, city, state and Zip Code (if separate
> from physical).
>
> \(v\) Company telephone number.
>
> \(vi\) Date the company was started.
>
> \(vii\) Number of employees at your location.
>
> \(viii\) Chief executive officer/key manager.
>
> \(ix\) Line of business (industry).
>
> \(x\) Company Headquarters name and address (reporting relationship
> within your entity).

 

### K.5 [52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)]{.underline}

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 524113, 524114.

\(2\) The small business size standard is 5 million.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

\(2\) If the clause at 52.204-7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (c) of this
provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror
shall indicate which option applies by checking one of the following
boxes:

\[  \] (i) Paragraph (c) applies.

\[  \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

  -----------------------------------------------------------------------------------------------
  FAR Clause #            Title            Date      Change

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

(End of provision)

 

K.6 [52.209‑5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)]{.underline}

\(a\) (1) The Offeror certifies, to the best of its knowledge and
belief, that‑

\(i\) The Offeror and/or any of its Principals‑

\(A\) Are are not presently debarred, suspended, proposed for debarment,
or declared ineligible for the award of contracts by any Federal agency;

\(B\) Have have not , within a three year period preceding this offer,
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, state, or local)
contract or subcontract; violation of Federal or state antitrust
statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion or receiving stolen
property; and

\(C\) Are\_\_ are not \_\_ presently indicated for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has \[ \] has not \[ \], within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \"Principals,\" for the purpose of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

> THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
> AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR
> FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION
> UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror non-responsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provisions. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Office may terminate the contract resulting
from this solicitation for default.

K.7 [AUTHORIZED CONTRACT ADMINISTRATOR]{.underline}

 

If the offeror does not fill-in the blanks below, the official who
signed the offer will be deemed to be the offeror\'s representative for
Contract Administration, which includes all matters pertaining to
payments.

 

Name:[                                                ]{.underline}

 

Address:[                                             ]{.underline}

 

[                                             ]{.underline}

 

Telephone Number:[                                    ]{.underline}

 

K.8 [652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)]{.underline}

 

\(a\) 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 the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, 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 League countries, which Section 8(a) of
> the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a))
> prohibits a United States person from taking; or,
>
> \(2\) Discriminating in the award of subcontracts on the basis of
> religion.

 

K.9 [DEFENSE BASE ACT INSURANCE -- COVERED CONTRACTOR EMPLOYEES (JUNE
2006)]{.underline}

* *

\(a\) Bidders/Offerors shall indicate below whether or not any of the
following categories of employees will be employed on the resultant
contract, and, if so, the number of such employees:

+---------------------------------------------+--------+--------------+
| Category                                    | Yes/No | Number       |
+---------------------------------------------+--------+--------------+
| \(1\) United States citizens or residents   |        |              |
+---------------------------------------------+--------+--------------+
| \(2\) Individuals hired in the United       |        |              |
| States, regardless of citizenship           |        |              |
+---------------------------------------------+--------+--------------+
| \(3\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country [where there are         |        |              |
| no]{.underline} local workers' compensation |        | \_\_         |
| laws                                        |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+
| \(4\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country where there              |        |              |
| [are]{.underline} local workers'            |        | \_\_         |
| compensation laws                           |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+

 

\(b\) The contracting officer has determined that for performance in the
country of *Ecuador.*

-   Workers' compensation laws exist that will cover local nationals and
    third country nationals.

```{=html}
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-   Workers' compensation laws do not exist that will cover local
    nationals and third country nationals.

> \(c\) If the bidder/offeror has indicated "yes" in block (a)(4) of
> this provision, the bidder/offeror shall not purchase Defense Base Act
> insurance for those employees. However, the bidder/offeror shall
> assume liability toward the employees and their beneficiaries for
> war-hazard injury, death, capture, or detention, in accordance with
> the clause at FAR 52.228-4.
>
> \(d\) If the bidder/offeror has indicated "yes" in blocks (a)(1), (2),
> or (3) of this provision, the bidder/offeror shall compute Defense
> Base Act insurance costs covering those employees pursuant to the
> terms of the contract between the Department of State and the
> Department's Defense Base Act insurance carrier at the rates specified
> in DOSAR 652.228-74, Defense Base Act Insurance Rates -- Limitation.
> If DOSAR provision 652.228-74 is not included in this solicitation,
> the bidder/offeror shall notify the contracting officer before the
> closing date so that the solicitation can be amended accordingly.
>
> (End of provision)

**SECTION L**

**INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS**

 

L.1. [SUBMISSION OF OFFERS]{.underline}

 

This solicitation is for the provision of insurance and services
described in Sections C and J, under the terms and conditions set forth
herein. Offerors must submit proposals for both health and life
insurance services, Part I-Health Insurance and Part II-Group Life
Insurance. Proposals addressing only one of the two types of insurance
will be rejected and will not receive further consideration.

 

L.2. [SUMMARY OF INSTRUCTIONS.]{.underline} Each proposal must consist
of the following separate volumes:

 

[Volume]{.underline} [Title]{.underline} [No. of Copies]{.underline}

1 Executed Standard Form 33, Solicitation

Offer and Award, and completed Section K

REPRESENTATIONS, CERTIFICATIONS,\
AND OTHER STATEMENTS OF OFFERORS. 2

 

2 Price Proposal and complete Section B

Supplies or Services and Price/Costs 2

 

3 Technical Proposal containing all technical

factors and subfactors 4

 

L.3. [DELIVERY OF PROPOSALS AND EXCEPTIONS TO SOLICITATION.]{.underline}
The offeror shall submit the complete offer to the address indicated at
Block 7, if mailed, or Block 9, if hand delivered, of Standard Form 33,
Solicitation, Offer and Award. Any deviation, exceptions, or conditional
assumptions taken with respect to any of the instructions or
requirements of this solicitation shall be identified and
explained/justified in the appropriate volume of the offer.

 

L.4. [CONTENTS OF PROPOSALS.]{.underline} The proposals shall contain
documents filled out in strict conformance with the detailed
instructions set forth as follows:

 

L.4.1. Volume 1 \-- [Standard Form 3]{.underline}3: Complete Blocks 12
through 18, as appropriate and fill in all the blanks in Section K of
this solicitation.

 

L.4.2. Volume 2 \-- [Price Proposal and fill in Section B.]{.underline}

 

\(a\) Price proposal for the base year of both insurance programs

 

> \(b\) Price proposal for the option years of both insurance programs;
> [however, a price proposal for an option year with no proposal for the
> base year will not be considered, nor will a proposal for a base
> period which does not include a proposal for all optional periods for
> that same type of insurance.]{.underline}

 

L.4.3. Volume 3 \-- [Technical Proposal]{.underline}

 

L.4.3.1 [Management Approach]{.underline}

\(a\) [Understanding of the Requirement.]{.underline}

 

> \(i\) The offeror must demonstrate that it understands the requirement
> set forth in Sections C, Parts I and/or II through Section J of the
> solicitation. The offeror must demonstrate a knowledge and familiarity
> in providing the insurance and services required in the aforementioned
> sections of the solicitation. For health insurance, if the proposal is
> for a health maintenance organization (HMO) or clinic type, describe
> the facilities and medical personnel that will be available. The
> offeror must also describe the pool of coverage in which the covered
> employees will be contained, and, a description of how the experience
> rating would be determined in regards to Section B.4.

 

> \(ii\) Proposals shall contain only the benefit levels stated in
> Section C. Proposals offering benefit levels greater or less than
> those levels required in Section C may be rejected as unacceptable.

 

\(b\) [Plan Administration.]{.underline}

 

The offeror must demonstrate how it plans to perform the contract,
especially as it relates to:

 

> ·        Providing the insurance
>
> ·        Maintaining adequate reserves to pay claims, including
> accounting procedures
>
> ·        Administering and prompt payment of insured claims for
> reimbursement
>
> ·        Procedures for reviewing claims (including where and how
> claims will be processed and settled)
>
> ·        Description of the system for tracking utilization of
> services by claimants by diagnostic or other actuarial
> categories/profiles and comparing them against regional or national
> norms
>
> ·        Availability of central point of contact and phone number for
> employees to call regarding claims or information
>
> ·        Providing periodic reporting and accounting of financial
> results of the plan, including reporting formats
>
> ·        Procedures and rates for converting from group insurance to
> individual insurance policies
>
> ·        The overall management of the contract.

 

L.4.3.2.1. [Experience and Past Performance.]{.underline}

 

List all contracts and subcontracts your company has held over the past
three years for the same or similar work. Provide the following
information for each contract and subcontract:

 

> \(a\) Customer\'s name, address, and the telephone numbers of previous
> contractors for whom similar insurance and services were provided;
>
>  
>
> \(b\) Contract number and type of contract;
>
>  
>
> \(c\) Date and place of performance of the contract and delivery dates
> and period of performance;
>
>  
>
> \(d\) Scope of the contract, i.e., types of insurance provided and
> range of population covered, as well as total dollar amount;
>
>  
>
> \(e\) Brief description of the performance requirements;
>
>  
>
> \(f\) Comparability to the work required under this solicitation;
>
>  
>
> \(g\) Brief discussion of any major technical problems and their
> resolutions.
>
> * *

* *

L.4.3.2.2 [Licensing Information]{.underline}

 

The offeror shall include a notarized copy of the most current
license/certificate/-accreditation, which demonstrates that the offeror
is licensed/certified/accredited or otherwise authorized by the
Government of Ecuador or its agent (e.g., insurance commission, board)
to provide health insurance coverage to persons (to include
organizations, companies, groups) within the host country. If the
offeror is not licensed/certified/accredited or otherwise authorized by
the government of Ecuador it must demonstrate that it is
licensed/certified/accredited by a government other than Ecuador to
provide health insurance for persons in Ecuador and must demonstrate its
capacity to provide health benefits in Ecuador to meet the minimum
requirements and other conditions set forth in this solicitation.

 

This section shall demonstrate that the offeror is
licensed/certified/accredited through no less than the final day of the
base performance period and that the offeror is eligible for renewal for
the option periods. This section shall also summarize and describe any
probationary, disciplinary or actions taken upon the offeror, which are
in force or are about to be imposed upon the offeror by the government
of (country name) or its agents.

 

Failure to demonstrate that the offeror is an authorized insurance
company permitted to write and administer health insurance policies in
Ecuador shall be grounds for rejection of the proposal.

 

L.4.3.3. [Profit Sharing Credit]{.underline}

 

The offeror shall indicate whether any insurance plan offered will be
subject to participation in any profit sharing credit program, pooling
agreement (including multinational agreements) or any other premium
credit procedure. If this is applicable, please describe. This is for
evaluation only to distinguish between otherwise equally priced,
technically acceptable proposals and will not be considered in
determining the lowest-priced offeror.

 

L.4.3.4 [Employee Pool]{.underline}

 

The offeror shall describe the pool that will apply to the employees
under this contract. The offeror will describe the size of the pool,
whether it is a mixture of commercial and government (if applicable),
alternative pools that are available in the event the economic price
adjustment clause becomes effective.

 

L.5 [52.252‑1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)]{.underline}

 

This contract incorporates the following provisions 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.
The offeror is cautioned that the listed provisions may include blocks
that must be completed by the offeror and submitted with its quotation
or offer. In lieu of submitting the full text of those provisions, the
offeror may identify the provision by paragraph identifier and provide
the appropriate information with its quotation or offer. Also, the full
text of a solicitation provision may be accessed electronically at this
address:

 

[http://acqusition.gov/far/index.html](http://www.statebuy.state.gov/)
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
of a network "search engine" (e.g., Yahoo, Infoseek, Alta Vista, etc.)
is suggested to obtain the latest location of the most current FAR.

 

[FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)]{.underline}

 

52.214-34 SUBMISSION OF OFFERS IN ENGLISH LANGUAGE (APR 1991)

52.215-1 INSTRUCTIONS TO OFFERORS---COMPETITIVE ACQUISITIONS

> (JAN 2004)

 

L.6 [SOLICITATION PROVISIONS INCLUDED IN FULL TEXT]{.underline}

 

L.6.1 [52.216-1 TYPE OF CONTRACT (APR 1984)]{.underline}

 

The Government contemplates award of a requirements type contract that
contains fixed prices with economic price adjustment, resulting from
this solicitation. The quantities shown in Section B are estimates only
and the Government is not obligated to order the estimated quantities
shown in this section.

 

L.6.2 [ECONOMIC PRICE ADJUSTMENT]{.underline}

 

See B.4 and B.8 for information relating to the economic price
adjustment features of this contract.

 

L.6.3 [52.233-2 SERVICE OF PROTEST (AUG 1996)]{.underline}

 

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO) shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from: Reception Desk,
American Embassy, 12 de Octubre and Patria, Quito, Ecuador.

*** ***

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

 

L.7. [652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)]{.underline}

 

\(a\) The Department of State\'s Competition Advocate is responsible for
assisting industry in removing restrictive requirements from Department
of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is
considered competitively restrictive or does not appear properly
conducive to competition and commercial practices, potential offerors
are encouraged to first contact the contracting officer for the
respective solicitation. If concerns remain unresolved, contact the
Department of State Competition Advocate on (703) 516-1680, by fax at
(703) 875-6155, or write to: Department of State, Competition Advocate,
Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

 

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and contractors
during the pre-award and post-award phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman, Michael St. Clair, Management Counselor,
American Embassy, Quito, Ecuador at 593-2-2562890, Ext. 4124; FAX No.
593-2-2502-052. For an American Embassy or overseas post, refer to the
numbers below for the Department Acquisition Ombudsman. Concerns,
issues, disagreements, and recommendations which cannot be resolved at a
contracting activity level may be referred to the Department of State
Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or
write to: Department of State, Acquisition Ombudsman, Office of the
Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC
20522-0602.

 

L.8. [PRE-PROPOSAL CONFERENCE]{.underline}

 

L.8.1. A pre-proposal conference to discuss the requirements of this
solicitation will be held on October 10^th^, 2007, at 10:00 a.m. at the
American Embassy, 12 de Octubre y Patria. Offerors interested in
attendance should contact the following individual

NAME TELEPHONE NUMBER FAX NUMBER

Cecilia Carvajal 593-2-2562-890 Ext. 4108 593-2-2561-226

 

 L.8.2. Offerors are urged to submit written questions at least three
days before the scheduled pre-proposal conference date, using the
address provided in block 9 of Standard Form 33, Solicitation, Offeror
and Award, of this solicitation or by faxing the questions to the above
fax number, marked to the attention of the above-named individual.

 

L.8.3. Attendees may also bring written questions to the proposal
conference; however, if the answer requires research, there is no
guarantee that the question will be able to be answered at that
conference.

 

L.8.4. The Government's statements at the pre-proposal conference shall
not be considered to be a change to the solicitation unless a written
amendment is issued.

 

L.8.5. Following the conference, all prospective offerors who received a
copy of the solicitation will be provided a copy of all questions
presented in writing prior to the conference, along with answers. If the
answer requires a change to the solicitation, a solicitation amendment
will also be issued.

 

 

L.9 [FINANCIAL STATEMENT]{.underline}

 

If asked by the Contracting Officer, the offeror shall provide a current
statement of its financial condition, certified by a third party. This
current statement shall include:

 

[Income (profit-loss) Statement]{.underline} that shows profitability
for the past 5 years;

 

[Balance Sheet]{.underline} that shows the assets owned and the claims
against those assets, or what a firm owns and what it owes; and

 

[Cash Flow Statement]{.underline} that shows the firm's sources and uses
of cash during the most recent accounting period. This will help the
Government assess a firm's ability to pay its obligations.

 

The Government will use this information to determine the offeror's
financial responsibility and ability to perform under the contract.
Failure of an offeror to comply with a request for this information may
cause the Government to determine the offeror to be non-responsible.

**SECTION M**

**EVALUATION FACTORS FOR AWARD**

 

 

M.1. [EVALUATION OF PROPOSALS]{.underline}

 

M.1.1. [General]{.underline}. To be acceptable and eligible for
evaluation, proposals must be prepared in accordance with Section L
-INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, and must meet all the
requirements set forth in the other sections of this solicitation.
Acceptable proposals will be evaluated pursuant to this section, and
award shall be made as set forth in M.3 below.

 

M.2. [OVERALL EVALUATION]{.underline}.

 

Proposals will be evaluated in two phases: a technical evaluation to
determine the acceptability of the offer to the solicitation technical
requirements; and a price evaluation to determine the total evaluated
price proposed by each offeror. The \"total evaluated price\" is the
cumulative total of the base year insurance plus all option years for
the total estimated quantity of employees specified in Section B.

 

The Government will make a responsibility determination by analyzing
whether the apparent successful offeror complies with the requirements
of FAR 9.1, including:

 

-   adequate financial resources or the ability to obtain them;

-   ability to comply with the required performance period, taking into
    consideration all existing commercial and governmental business
    commitments;

-   satisfactory record of integrity and business ethics;

-   necessary organization, experience, and skills or the ability to
    obtain them;

-   necessary equipment and facilities or the ability to obtain them;
    and

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

 

M.3. [AWARD SELECTION]{.underline}

 

M.3.1. [General]{.underline}. The award selection will go to the lowest
priced, technically acceptable, responsible offeror. As described in FAR
52.215-1, \"Instructions to Offerors - Competitive Acquisition" , which
is incorporated by reference in Section L, award may be made based upon
initial offers, without discussions. The offeror must also be
licensed/certified/accredited as described in Section M.5.2 below.

 

M.3.2. [Profit Sharing Credit Plan]{.underline}

 

In the event of equal proposals and in the event that one offeror
presents an acceptable Profit Sharing Credit plan, the offeror proposing
the most generous plan, in terms of benefit to the Government will
receive the award. This profit sharing credit plan will be part of the
resultant contract.

 

M.4. [FIXED PRICES]{.underline}

 

Offerors must propose fixed prices for the coverage identified in
Section B - SERVICES AND PRICES. Proposals that do not include fixed
prices cannot be evaluated for the total requirement and will be
rejected.

M.5. [TECHNICAL EVALUATION]{.underline}. Offers will be evaluated on:

 

(i)      meeting each of the individual mandatory requirements/minimums
for health insurance coverage specified in Section C through H and the
Exhibit(s). The Government may reject, as technically, unacceptable
proposals that:

 

> (a)    fail to provide the minimum benefits required by the
> solicitation; or

 

> (b)   offer additional benefits not required by the solicitation (even
> though there is no increase in the price).

 

\(ii\) the demonstration that the offeror is
licensed/certified/accredited or otherwise authorized by the government
of Ecuador or its agent (e.g., insurance commission, board) to provide
health insurance coverage to persons (to include organizations,
companies, groups) within the host country. If the offeror is not
licensed/certified/accredited or otherwise authorized by the government
of Ecuador, it must demonstrate that it is licensed/certified/accredited
by a government other than that of the host country to provide health
insurance for persons in Ecuador and must demonstrate its capacity to
provide health benefits in Ecuador to meet the minimum requirements and
other conditions set forth in this solicitation; and,

 

\(iii\) meet all other terms and conditions set forth in this
solicitation.

 

M.6. [52.217-5 EVALUATION OF OPTIONS (JUL 1990)]{.underline}

 

The Government will evaluate offers for award purposes by adding the
total price for all options to the total price for the basic
requirement. Evaluation of options will not obligate the Government to
exercise the option(s).

M.7. [QUANTITIES FOR EVALUATION]{.underline}

 

For the purpose of evaluation, and for no other purpose, evaluation of
prices submitted will be made on the basis that the Government will
order the estimated quantities shown in Section B -- SERVICES AND
PRICES, of this solicitation.

 

M.8. [SEPARATE CHARGES]{.underline}

 

Separate charges, in any form, are not solicited. For example, proposals
containing any charges for failure of the Government to exercise any
options will be rejected. The Government shall not be obligated to pay
any charges other than the contract price, including any exercised
options.

 

M.9 [AWARD WITHOUT DISCUSSIONS]{.underline}

 

In accordance with FAR provision 52.215-1 (included in Section L of this
RFP), offerors are reminded that the Government may award this contract
based on initial proposals and without holding discussions, pursuant to
FAR 15.610(a).

* *