Embassy Newsletter Editor/Writer

**UPDATES**

[Please remember any US citizen on a purchase must be approved by
L/BA.]{.mark}

7/10/06 -- Change required by FAC 2005-10 (52.212-3, 52.212-5)

06/22/06 -- Change required by FAC 2005-9 (update 52.212-5)

::: Definition-Term
2/7/06 - Updated per FAC 2005-07 (update FAR 52.212-5 in full text and
FAR 52.212-1)
:::

1/19/06 -- Updated per FAC 2005-08 (update FAR 52.212-5)

01/12/06 -- Model created and clauses currents through FAC 2005-06

Instructions to Contracting Officer

[GENERAL]{.underline}

The attached model solicitation (Request for Quotations or RFQ) is
prepared in the commercial item format prescribed in FAR 12.303. If this
will be a micro purchase (\$2,500 or less), no FAR clauses/provisions
are required. See FAR 13.201(d).

1\. The Contracting Officer (CO) **MUST** [highlight]{.mark} any changes
that are modified at post, unless the instructions for that clause in
the model expressly state that post should modify the solicitation to
reflect post specifics.

2\. The rationale for this modification **MUST** be included in the memo
requesting review from A/OPE.

3\. Delete highlights from document before issuing the solicitation.

#### [COVER PAGE OF SOLICITATION]{.underline}

For commercial item contracts/purchase orders **of \$100,000 or less**,
use either the SF-1449 or the SF-18. If the SF-18 is used:

1.  Include FAR clause 52.212-4 and provision 52.212-1, either by
    reference or in full text (this clause and provision are included on
    the SF-1449 by reference in block 27, but not on the SF-18); and

2.  Correct all references to the SF-1449. Consequently, it would be
    simpler to use the SF-1449 in all cases when buying these services
    as a commercial item.

-   For commercial item contracts/purchase orders up to \$5 million, use
    a Request for Quotations (RFQ) number, rather than a Request for
    Proposals (RFP) number.

[FILL-INS]{.underline}

The solicitation contains several FAR clauses that must be filled in,
either by you (before the RFQ is released) or by the offeror/quoter
submitting the document to you. These fill-ins are as follows:

-   Contracting Officer completes:

[Applicable if the contract is for services and will cross fiscal
years]{.underline}

52.232-19, Availability of Funds for the Next Fiscal Year

-   Offeror/quoter completes:

[52.212-3, Offeror Representations and Certifications\--Commercial
Items]{.underline}

[Applicability of Clauses/Provisions]{.underline}

The solicitation contains specific instructions throughout which are
directed to the Contracting Officer regarding the applicability of
certain clauses/provisions. Brackets highlight these instructions.
Delete these instructional notes when the solicitation is finalized.

[Tailoring of FAR clauses]{.underline}

Some tailoring of FAR clauses is permissible, but this should rarely
occur. In the model, the addendum for both FAR clause 52.212-4 and FAR
provision 52.212-1 shows no tailoring. If you need to tailor this
clause, please contact your desk officer in A/OPE for guidance.

[A NOTE ON THE CENTRAL CONTRACTOR REGISTRATION (CCR)]{.underline}

\[Note to Contracting Officer: If the contracting officer expects
participation by US firms or if the contracting officer determines it is
practical for foreign firms performing contracts outside the U.S. to
register in the CCR, then the following clause (FAR 52.204-7) should be
included in the solicitation. For additional information regarding when
the CCR requirement should be included can be found in A/OPE PIB 2004-2.

If FAR 52.204-7 is included in the solicitation then FAR 52.204-6
CONTRACTOR IDENTIFICATION NUMBER -DATA UNIVERSAL NUMBERING SYSTEM (DUNS)
NUMBER should be deleted in its entirety within the model
solicitation\].

FAR 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor
Registration (OCT 2003)

[AMERICAN BUSINESS SOURCES]{.underline}

If you know or expect that American businesses may submit a proposal,
you must include the following solicitation provision, in addition to
the other certifications contained in this solicitation. This
certification is used to determine whether the firm is considered small
by the Small Business Administration (SBA).

If you receive an offer from a small business, and you determine that
firm to be non-responsible, you must refer the matter to A/OPE and
A/SDBU for referral to SBA. SBA will then determine whether to issue a
Certificate of Competency (SBA) attesting to the firm\'s ability to
perform the contract. For more information, see FAR 19.000(b) and 19.6.

The certification to be included is [52.219-1 Small Business Program
Representations (MAY 2004),]{.underline} if required.

[Nepotism/Conflict of Interest]{.underline}

The regulations on nepotism and conflict of interest are applicable (See
ALDAC 99 State 153500 on A/OPE's web sites. The Contracting Officer
should also avoid contracting with Government employees (see FAR 3.6).

To comply with review and approval procedures, any procurement,
regardless of dollar value, must first be reviewed and approved by the
A/OPE desk officer and L/BA if the contractor is an individual AND a U.S
citizen. When you submit the package, please submit the draft
PO/contract as well as information regarding whether the selected
contractor is a dependent of any employee under Chief of Mission
authority, and if so, the dependent of whom. This requirement is to
address the nepotism/conflict of interest issue.

[DEFENSE BASE ACT INSURANCE]{.underline}

When the contracting officer has a reasonable expectation that
[no]{.underline} covered contractor employees (see PIB 2004-32 on OPE
intranet site for definition of covered versus non covered employees)
will be included in the offers (e.g., offers will come from local
overseas contractors and the work is to be performed in a country [that
has local workers' compensation laws]{.underline}), the contracting
officer shall include the following FAR clause and DOSAR provision in
the solicitation:

-   FAR clause 52.228-4, *Workers' Compensation and War-Hazard Insurance
    Overseas*; place in Section 2.

```{=html}
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```
-   Provision entitled *Defense Base Act -- Covered Contractor
    Employees*; place in Section 5*.*

If, in response to the solicitation, any offeror knows that they will
employ covered employees, the offeror is required to notify the
contracting officer prior to the closing date. The contracting officer
shall then amend the solicitation to add a line item in Section 1
Pricing (see sample language in B.2.7 and actual line item in B.3.6 of
the LGP model). Also add the following clauses/provisions:

-   FAR clause 52.228-3, *Workers' Compensation Insurance (Defense Base
    Act)*; place in Section 2.

-   DOSAR clause 652.228-71, *Workers' Compensation Insurance (Defense
    Base Act) -- Services* (DEVIATION); place Section 2.

-   DOSAR provision 652.228-74, *Defense Base Act Insurance Rates --
    Limitation* (DEVIATION); place in Section 3.

Offerors shall be given additional time to incorporate the DBA
contractor rates into their proposed prices.

[**NOTE:** We realize that many times the contractor is a U.S. citizen
dependent. If that individual is NOT incorporated, then DBA insurance is
NOT required. That is because, according to Department of Labor that
oversees the implementation of the DBA insurance requirement, that
individual does not meet the definition of an "employer'. Bottom-line,
if your contract will be with an individual who is not incorporated, you
will not be required to include FAR 52.228-3 and DOSAR 652.228-71 and
652.228-74.]{.mark}

> ***\[Note to Contracting Officer - Use either the SF-1449 or SF-18 as
> the cover page.***

-   **See the Cookbook, Chapter 8 for instructions on how to complete
    the SF-1449. This example in the Cookbook is actually an SF-1449
    completed for contract award. When completing an SF-1449 for
    purposes of a solicitation cover page, fill in the following blanks,
    following the Cookbook sample (all other blanks are left alone at
    this time):**

-   **Block 5**

-   **Block 6**

-   **Block 7a and b**

-   **Block 8**

-   **Block 9**

-   **Block 10**

-   **Block 11, if applicable**

-   **Block 14**

-   **Block 15**

-   **Block 20 (fill in brief description of what is being purchased
    followed by "See Attached"**

-   **Block 27a and 27b**

**See Cookbook, Chapter 2 for instructions on how to complete the
SF-18.\]**

***\[Note to Contracting Officer: Sample Cover Letter for RFQ\]***

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

Date:

# To: Prospective Quoters

Subject: Request for Quotations number S ***\[Note to Contracting
Officer: fill in RFQ number\]***

Enclosed is a Request for Quotations (RFQ) for ***\[Note to Contracting
Officer: describe services\].*** If you would like to submit a
quotation, follow the instructions in Section 3 of the solicitation,
complete the required portions of the attached document, and submit it
to the address shown on the ***\[Note to Contracting Officer: fill in
either "Standard Form 18" or Standard Form 1449\]*** that follows this
letter.

The U.S. Government intends to award a contract/purchase order to the
responsible offeror submitting an acceptable quotation at the lowest
price. We intend to award a contract/purchase order based on initial
quotations, without holding discussions, although we may hold
discussions with companies in the competitive range if there is a need
to do so.

Quotations are due by ***\[Note to Contracting Officer: fill in date and
time\]***.

Sincerely,

Contracting Officer

Enclosure

#### TABLE OF CONTENTS

**Section 1 - The Schedule**

-   SF 18 or SF 1449 cover sheet

-   Continuation To SF-1449, RFQ Number ***\[Note to Contracting
    Officer: Insert Number\],*** Prices, Block 23

-   Continuation To SF-1449, RFQ Number ***\[Note to Contracting
    Officer: Insert Number\],*** Schedule Of Supplies/Services, Block 20
    Description/Specifications/Work Statement

### Section 2 - Contract Clauses

-   Contract Clauses

-   Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed
    in Part 12

**Section 3 - Solicitation Provisions**

-   Solicitation Provisions

**Section 4 - Evaluation Factors**

-   Evaluation Factors

-   Addendum to Evaluation Factors - FAR and DOSAR Provisions not
    Prescribed in Part 12

**Section 5 - Representations and Certifications**

-   Offeror Representations and Certifications

-   Addendum to Offeror Representations and Certifications - FAR and
    DOSAR Provisions not Prescribed in Part 12

#### SECTION 1 - THE SCHEDULE

**CONTINUATION TO SF-1449, RFQ NUMBER S- *\[Note to Contracting Officer:
insert number\]* PRICES, BLOCK 23**

***\[Note to Contracting Officer: revise the next paragraph as
appropriate\]***

##### [SCOPE OF SERVICES]{.underline}

The contractor shall complete all work, including furnishing all labor,
material, transportation, equipment and services, required under this
contract for the editing and production of the Mission community
newsletter during the period of performance specified in the next
paragraph. The price listed below shall include all labor, materials,
overhead, and profit. In consideration of satisfactory performance of
all scheduled services required under this contract, the Government will
pay the contractor a firm-fixed-price per issue.

[NOTICE TO PROCEED AND PERIOD OF PERFORMANCE]{.underline}

This contract includes a Notice to Proceed requirement. This Notice to
Proceed will be issued within ten calendar days of award or ten calendar
days of receipt of evidence of Defense Base Act (DBA) insurance, if DBA
insurance is required.

The performance period under this contract will commence on the date
listed in the Notice to Proceed and continue for twelve months.
***\[Note to Contracting Officer: add the following if you have included
optional periods of performance.}***

This contract also contains FAR 52.217-9. "Option to Extend the Term of
the Contract". This option allows an additional ***\[Note to Contracting
Officer: fill in number of optional periods, not to exceed four\]***
12-month periods of performance..

BASE YEAR

\[Note to Contracting Officer---revise to fit your pricing, i.e, per
issue, per month, etc.\]

[Item]{.underline} [Description]{.underline} [Unit]{.underline}
[Quantity]{.underline} [Unit Price]{.underline} [Total
Price]{.underline}

1 One issue of Embassy issue 12 [\_\_\_]{.underline}

Newsletter

OPTIONAL YEAR ONE

Continuing twelve months from the expiration of Base Year identified
above

[Item]{.underline} [Description]{.underline} [Unit]{.underline}
[Quantity]{.underline} [Unit Price]{.underline} [Total
Price]{.underline}

1 One issue of Embassy issue 12 [\_\_\_]{.underline}

Newsletter

OPTIONAL YEAR TWO

Continuing twelve months from the expiration of Base Year identified
above

[Item]{.underline} [Description]{.underline} [Unit]{.underline}
[Quantity]{.underline} [Unit Price]{.underline} [Total
Price]{.underline}

1 One issue of Embassy issue 12 [\_\_\_]{.underline}

Newsletter

***\[Note to Contracting Officer: Add optional periods, if any\]***

**CONTINUATION TO SF-1449, RFQ NUMBER *\[Note to Contracting Officer:
Insert Number*\] SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

\[Note to Contracting Officer: Set forth below is a Statement of Work
used by a post. This will give you a start and an idea of the types of
information that you will need to include.\]

[Statement of Work]{.underline}

The contractor/editor shall write, prepare, edit and submit in final
form for publication, an issue of \_\_\_\_\_\_\_\_ the last day each
month.

This newsletter is a monthly publication aimed at the official American
community and their families. The paper's length varies depending upon
material available. The minimum length is four pages and the maximum
length is twelve pages. Eight pages is the usual length. The software
that must be used is Microsoft Word.

The contractor shall provide the worksite and equipment necessary to
produce this newsletter.

Not earlier than the tenth day and not later than the fifteenth day of
each month, the Contractor shall e-mail the finished work product to:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Not later than the twentieth day of each month, the Contracting Officer
shall notify the contractor that the newsletter as submitted is
acceptable or will require revisions. If revisions are required, they
must be completed and the final newsletter re-submitted to the
Contracting Officer not later than the twenty-fifth day of each month.

The newsletter shall be published electronically via e-mail, issued by
the Contracting Officer or Community Liaison Officer (CLO). as well as
in hardcopy. Use of color and graphics shall be at the discretion of the
contractor, subject to the Contracting Officer's review of suitability
for e-mail publication.

***\[Note to Contracting Officer:*** ***Add further details about
regular columns or articles in the newsletter and any other descriptive
information concerning the types of information and articles that must
be included in the newsletter.\]***

[Invoices]{.underline}

Invoices shall be submitted monthly to the following address and shall
bill for the number of newsletters published during that period.

Invoices shall be submitted to the following address:

***\[Note to Contracting Officer: fill in address\]***

SECTION 2 - CONTRACT CLAUSES

\[Note to Contracting Officer: FAR 52.212-4

-   While the FAR allows certain paragraphs to be tailored, the
    Contracting Officer should consult A/OPE before tailoring any of the
    language. Keep in mind that paragraphs (b), (d), (g), (i), (q),
    and (r) may not be tailored.

-   If there is no addendum, leave this as "None"\]

[FAR 52.212-4, CONTRACT TERMS AND CONDITIONS \-- COMMERCIAL ITEMS (SEP
2005), IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK
27A).]{.underline}

ADDENDUM TO 52.212-4

None

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

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

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

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

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

[52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders - Commercial Items (JUNE 2006)]{.underline}

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

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

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

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

*\[Contracting Officer check as appropriate\]*

+---+------------------------------------------------------------------+
|   | ## Clause Number and Title                                       |
+---+------------------------------------------------------------------+
| X | \(1\) 52.203-6, Restrictions on Subcontractor Sales to the       |
|   | Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C.       |
|   | 2402). *\[Check if order exceeds \$100,000\]*                    |
+---+------------------------------------------------------------------+
|   | \(2\) -- (14) \[Reserved\].                                      |
+---+------------------------------------------------------------------+
|   | \(15\) 52.222-19, Child Labor -- Cooperation with Authorities    |
|   | and Remedies (JAN 2006) (E.O. 13126). *\[Check if order is for   |
|   | supplies and exceeds the micro-purchase threshold\]*             |
+---+------------------------------------------------------------------+
|   | \(16\) 52.222-21, Prohibition of Segregated Facilities (FEB      |
|   | 1999). *\[Check if the following apply: for supplies, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm. For services,    |
|   | the order exceeds \$10,000 and is awarded to a U.S. firm whose   |
|   | employees who will be performing the work were recruited within  |
|   | the U.S.\]*                                                      |
+---+------------------------------------------------------------------+
|   | \(17\) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).     |
|   | *\[Check if the following apply: for supplies, the order exceeds |
|   | \$10,000 and is awarded to a U.S. firm. For services, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm whose employees   |
|   | who will be performing the work were recruited within the        |
|   | U.S.\]*                                                          |
+---+------------------------------------------------------------------+
|   | \(18\) 52.222-35, Equal Opportunity for Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (DEC 2001) (38 U.S.C. 4212). *\[Check if the following  |
|   | apply: for supplies, the order exceeds \$10,000 and is awarded   |
|   | to a U.S. firm. For services, the order exceeds \$10,000 and is  |
|   | awarded to a U.S. firm whose employees who will be performing    |
|   | the work were recruited within the U.S.\]*                       |
+---+------------------------------------------------------------------+
|   | \(19\) 52.222-36, Affirmative Action for Workers with            |
|   | Disabilities (JUN 1998) (29 U.S.C. 793). *\[Check if the         |
|   | following apply: for supplies, the order exceeds \$10,000 and is |
|   | awarded to a U.S. firm. For services, the order exceeds \$10,000 |
|   | and is awarded to a U.S. firm whose employees who will be        |
|   | performing the work were recruited within the U.S.\]*            |
+---+------------------------------------------------------------------+
|   | \(20\) 52.222-37, Employment Reports on Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (DEC 2001) (38 U.S.C. 4212). *\[Check if you have       |
|   | included the clause 52.222-35\]*                                 |
+---+------------------------------------------------------------------+
|   | \(21\) 52.222-39, Notification of Employee Rights Concerning     |
|   | Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). *\[check  |
|   | if over \$100,000\]*                                             |
+---+------------------------------------------------------------------+
|   | \(22\) -- (24) \[Reserved\].                                     |
+---+------------------------------------------------------------------+
|   | \(25\) 52.225-5, Trade Agreements (JUNE 2006) (19 U.S.C. 2501,   |
|   | et seq., 19 U.S.C. 3301 note). *\[Check if the order is for      |
|   | supplies and the amount exceeds \$193,000\]*                     |
+---+------------------------------------------------------------------+
| X | \(26\) 52.225-13, Restrictions on Certain Foreign Purchases (FEB |
|   | 2006) (E.O.s, proclamations, and statutes administered by the    |
|   | Office of Foreign Assets Control of the Department of the        |
|   | Treasury). *\[Check if the order is for either supplies or       |
|   | services and the amount exceeds the micro-purchase threshold,    |
|   | [unless]{.underline} authorized by OFAC\]*                       |
+---+------------------------------------------------------------------+
|   | \(27\) -- (30) \[Reserved\].                                     |
+---+------------------------------------------------------------------+
|   | \(31\) 52.232-33, Payment by Electronic Funds Transfer --        |
|   | Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).     |
|   | *\[Check if payment will be made by EFT and the contractor has   |
|   | registered in the CCR\]*                                         |
+---+------------------------------------------------------------------+
|   | \(32\) 52.232-34, Payment by Electronic Funds Transfer -- Other  |
|   | than Central Contractor Registration (MAY 1999) (31 U.S.C.       |
|   | 3332). *\[Check if payment will be made by either EFT or other   |
|   | means, e.g., check, and the contractor has not registered in the |
|   | CCR\]*                                                           |
+---+------------------------------------------------------------------+
|   | \(33\) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C.   |
|   | 3332). *\[Check if payment will be made by a third party, e.g.,  |
|   | purchase card\]*                                                 |
+---+------------------------------------------------------------------+
|   | \(34\) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5    |
|   | U.S.C. 552a). *\[Check if the order is for information           |
|   | technology which requires security of information technology,    |
|   | and/or is for the design, development, or operation of a system  |
|   | of records using commercial information technology services or   |
|   | support services\]*                                              |
+---+------------------------------------------------------------------+
|   | (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag      |
|   | Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10     |
|   | U.S.C. 2631). *\[Check if the order is for supplies that may     |
|   | involve ocean transportation: at least 50% of the gross tonnage  |
|   | must be transported on privately owned U.S.-flag commercial      |
|   | vessels to the extent that such vessels are available at rates   |
|   | that are fair and reasonable for U.S.-flag commercial vessels\]* |
+---+------------------------------------------------------------------+
|   | \(ii\) Alternate I (APR 2003) of 52.247-64. *\[Check if 100% of  |
|   | the supplies will be transported on privately owned U.S.-flag    |
|   | commercial vessels\]*                                            |
+---+------------------------------------------------------------------+

\(c\) \[Reserved\]

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

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

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

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

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

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

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

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

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

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

\(vi\) \[Reserved\].

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
      Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
      Flow down required in accordance with paragraph (d) of FAR clause
      52.247-64).

\[Note to Contracting Officer: include the following clause if your
contract includes optional periods of performance.\]

[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 \[Note to Contracting
Officer: enter correct number here, consistent with Sections B and F.\]
(months)(years).

**ADDENDUM TO CONTRACT CLAUSES FAR AND DOSAR CLAUSES NOT PRESCRIBED IN
PART 12**

2.  [CLAUSES INCORPORATED BY REFERENCE (FEB 1998)]{.underline}

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

http://www.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov](http://www.statebuy.gov/home.htm) to see
the links to the FAR. You may also use an Internet "search engine" (such
as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by
reference:

[CLAUSE]{.underline} [TITLE]{.underline} [DATE]{.underline}

52.225-14 INCONSISTENCY BETWEEN ENGLISH

VERSION AND TRANSLATION OF CONTRACT FEB 2000

4.  WORKERS' COMPENSATION AND WAR-HAZARD

INSURANCE OVERSEAS APR 1984

***\[Note to Contracting Officer -- See instructions on whether to also
include FAR 52.228-3\]***

The following FAR clause is provided in full text:

The following DOSAR clauses are provided in full text:

***\[NOTE TO Contracting Officer: ONLY INCLUDE 652.225-71 CLAUSE BELOW
IF ACQUISITION IS ESTIMATED TO EXCEED \$100,000\]***

[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:

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(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,

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.

[652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG
1999)]{.underline}

\(a\) General. The Government shall pay the contractor as full
compensation for all work required, performed, and accepted under this
contract the firm fixed-price stated in this contract.

\(b\) Invoice Submission. The contractor shall submit invoices in an
original and \[Note to Contracting Officer: insert appropriate number\]
copies to the office identified in Block 18b of the SF-1449. To
constitute a proper invoice, the invoice shall include all the items
required by FAR 32.905(e).

\[Note to Contracting Officer: Include the following sentence if VAT
will apply to this contract:\]

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

\(c\) Contractor Remittance Address. The Government will make payment to
the contractor's address stated on the cover page of this contract,
unless a separate remittance address is shown below:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

\(a\) The Contracting Officer may designate in writing one or more
Government employees, by name or position title, to take action for the
Contracting Officer under this contract. Each designee shall be
identified as a Contracting Officer's Representative (COR). Such
designation(s) 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 ***\[Note to Contracting Officer:
insert job title of COR\].***

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

\(a\) The contractor warrants the following:

\(1\) That is has obtained authorization to operate and do business in
the country or countries in which this contract will be performed;

\(2\) That is 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.

(a) 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.

\[Note to Contracting Officer -- See instructions on whether to include
DOSAR 652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) --
SERVICES\]

#### SECTION 3 - SOLICITATION PROVISIONS

\[Note to Contracting Officer: While the FAR allows certain paragraphs
of 52.212-1 to be tailored, the contracting officer should consult A/OPE
before tailoring any of the language. If there is no addendum to
52.212-1, leave this as "none".\]

[52.212-1, INSTRUCTIONS TO OFFERORS \-- COMMERCIAL ITEMS (JAN 2006), IS
INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A).]{.underline}

ADDENDUM TO 52.212-1

None

**ADDENDUM TO SOLICITATION PROVISIONS**

**FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12**

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation 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. Also, the full text of a clause may be accessed
electronically at:

http://www.arnet.gov/far/ or http://farsite.hill.af.mil/search.htm

These addresses are subject to change. IF the FAR is not available at
the locations indicated above, use of an Internet "search engine" (e.g.,
Yahoo, Infoseek, Alta Vista, etc.) is suggested to obtain the latest
location of the most current FAR provisions.

The following Federal Acquisition Regulation solicitation provisions are
incorporated by reference:

[CLAUSE]{.underline} [TITLE AND DATE\
]{.underline}

52.204-6 Data Universal Numbering System (DUNS) Number (JUN 1999)

52.214-34 Submission of Offers in the English Language (APR 1991)

####### ACQUISITION METHOD

The Government is conducting this acquisition using the simplified
acquisition procedures in Part 13 of the Federal Acquisition Regulation
(FAR).

**SECTION 4 - EVALUATION FACTORS**

***\[Note to Contracting Officer: Following the second sentence below,
the Contracting Officer may describe any additional items that may be
required, such as a company brochure, technical proposal, client list,
financial statement, etc.\].***

The Government intends to award a contract/purchase order resulting from
this solicitation to the lowest priced, technically acceptable
offeror/quoter who is a responsible contractor.

SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS

***\[Note to Contracting Officer: FAR 52.212-3:***

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

-   ***Please use this provision in its present form IF you will be
    soliciting ONLY non-U.S. firms.***

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

[52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS
(JUNE 2006]{.underline}

An offeror shall complete only paragraph (j) of this provision if the
offeror has completed the annual representations and certifications
electronically at *http://orca.bpn.gov*. If an offeror has not completed
the annual representations and certifications electronically at the ORCA
website, the offeror shall complete only paragraphs (b) through (i) of
this provision.

\(a\) \[Reserved\]

\(b\) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701). (Not applicable if the offeror is required to provide this
information to a central contractor registration database to be eligible
for award.)

> \(1\) All offerors must submit the information required in paragraphs
> (b)(3) through (b)(5) of this provision to comply with debt collection
> requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements
> of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations
> issued by the Internal Revenue Service (IRS).
>
> \(2\) The TIN may be used by the Government to collect and report on
> any delinquent amounts arising out of the offeror's relationship with
> the Government (3l U.S.C. 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.
>
> \(3\) Taxpayer Identification Number (TIN).

\_\_\_ TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\_\_\_ TIN has been applied for.

\_\_\_ TIN is not required because:

> \_\_\_ Offeror is a nonresident alien, foreign corporation, or foreign
> partnership that does not have income 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 United States;

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

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

> \(4\) Type of Organization.

\_\_ Sole Proprietorship;

\_\_ Partnership:

\_\_ Corporate Entity (not tax-exempt);

\_\_ Corporate Entity (tax-exempt);

\_\_ Government entity (Federal, State, or local);

\_\_ Foreign government;

\_\_ International organization per 26 CFR 1.6049-4;

\_\_ Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

> \(5\) Common Parent.
>
> \_\_\_ Offeror is not owned or controlled by a common parent;

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

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(c\) -- (d) \[Reserved\]

­­­­

\(e\) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C. 1352). (Applies only if the contract is expected to exceed
\$100,000.) By submission of its offer, the offeror certifies to the
best of its 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 his or her behalf in connection with the award of any resultant
contract.

\(f\) --(g) Reserved

\(h\) Certification Regarding Debarment, Suspension or Ineligibility for
Award (Executive Order 12549). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror
certifies, to the best of its knowledge and belief, that the offeror
and/or any of its principals\--

\(1\) \[ \] Are, \[ \] are not presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency; and

\(2\) \[ \] 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 Federal, state or local
government 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

\(3\) \[ \] Are, \[ \] are not presently indicted for, or otherwise
criminally or civilly charged by a Government entity with, commission of
any of these offenses.

\(i\) Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126). \[The Contracting Officer must list in
paragraph (i)(1) any end products being acquired under this solicitation
that are included in the List of Products Requiring Contractor
Certification as to Forced or Indentured Child Labor, unless excluded at
22.1503(b).\]

> \(1\) Listed end products.

  ---------------------------------------- ----------------------------------------
  **Listed End Product**                   **Listed Countries of Origin**

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

> \(2\) Certification. \[If the Contracting Officer has identified end
> products and countries of origin in paragraph (i)(1) of this
> provision, then the offeror must certify to either (i)(2)(i) or
> (i)(2)(ii) by checking the appropriate block.\]
>
> \[ \] (i) The offeror will not supply any end product listed in
> paragraph (i)(1) of this provision that was mined, produced, or
> manufactured in the corresponding country as listed for that product.

\[ \] (ii) The offeror may supply an end product listed in paragraph
(i)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether
forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the
basis of those efforts, the offeror certifies that it is not aware of
any such use of child labor.

(j)(1) *Annual Representations and Certifications.* Any changes provided
by the offeror in paragraph (j) of this provision do not automatically
change the representations and certifications posted on the Online
Representations and Certifications Application (ORCA) website.

\(2\) The offeror has completed the annual representations and
certifications electronically via the ORCA website at
[h*ttp://orca.bpn.gov*](http://orca.bpn.gov/). After reviewing the ORCA
database information, the offeror verifies by submission of this offer
that the representations and certifications currently posted
electronically at FAR 52.212--3, Offeror Representations and
Certifications---Commercial Items, have been entered or updated in 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 paragraphs \_\_\_\_\_\_\_\_\_\_\_\_. \[*Offeror to identify
the applicable paragraphs at (b) through (i) of this provision that the
offeror has completed for the purposes of this solicitation only, if
any. These amended representation(s)and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of
the date of this offer.*

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

***\[Note to Contracting Officer: see instructions on whether to include
the following DOSAR provision\]***

Defense Base Act Insurance -- Covered Contractor Employees

\(a\) 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**                                | **Ye   | **Number**   |
|                                             | s/No** |              |
+---------------------------------------------+--------+--------------+
| \(1\) 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:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+

\(b\) If the bidder/offeror has indicated "yes" in block (a)(4) of this
provision, the bidder/offeror shall submit, as part of its offer, a
statement that indicates that such local nationals and/or third country
nationals will be provided workers' compensation coverage against the
risk of work injury or death under a local workers' compensation law.
For those employees, the bidder/offeror shall also 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.

\(c\) 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. 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.