SOLICITATION, OFFER AND AWARD

1.  THIS CONTRACT IS A RATED ORDER      UNDER DPAS (15 CFR 350)

RATING

PAGE    OF    PAGES      1         |   63

2.  CONTRACT (Proc. Inst. Ident.) NO.

3.  SOLICITATION NO.   19M16018R0013

4.  TYPE OF SOLICITATION                         [   ] SEALED BID (IFB)      [x] NEGOTIATED (RFP)

5.  DATE  ISSUED       12/11/2018

6.  REQUISITION/PURCHASE NO.   PR 7501392

7.  ISSUED BY                                                                         CODE

8.  ADDRESS OFFER TO (If other than item 7)

US Embassy, Kenyatta Road Area 40, Plot # 24, Lilongwe, Malawi.    Phone:                                     Fax:

Contracting Officer U.S Embassy, Kenyatta Road Area 40, Plot # 24, Lilongwe, Malawi

NOTE:  In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION

9.  Sealed offers in original and   2    copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in                  US Embassy Lilongwe, Kenyatta Road, Area 40, Plot # 24, Lilongwe, Malawi                                                                             until        12:00 hours local time      on    January 14, 2019                          (hour)                                                                       (date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1.  All offers are subject to all items and conditions contained in this solicitation.

10.   FOR INFORMATION CALL:+265 1 773 166 ext. 3418

A.  NAME Scott B. Dargus

B.  TELEPHONE  (NO COLLECT CALLS) AREA CODE    NUMBER        EXT          +265     1 773 166             3418

C.       E-MAIL ADDRESS   [email protected]

11.  TABLE OF CONTENTS

(x)

SEC.

DESCRIPTION

PAGE(S)

(x)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

X

A

SOLICITATION/CONTRACT FORM

1

X

I

CONTRACT CLAUSES

23-32

X

B

SUPPLIES OR SERVICE AND PRICES/COSTS

2-6

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X

C

DESCRIPTION/SPECS/WORK STATEMENT

7-13

X

J

LIST OF ATTACHMENTS

33-42

X

D

PACKAGING AND MARKETING

14

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X

E

INSPECTION AND ACCEPTANCE

15-16

X

K

REPRESENTATIONS, CERTIFICATIONS, AND

43-53

X

F

DELIVERIES OR PERFORMANCE

17

OTHER STATEMENTS OF OFFERORS

X

G

CONTRACT ADMINISTRATION

18-19

X

L

INSTRS., COND., AND NOTICES TO OFFERORS

54-60

X

H

SPECIAL CONTRACT REQUIREMENTS

20-22

X

M

EVALUATION FACTORS FOR AWARD

61-63

OFFER (Must be fully completed by offeror)

NOTE:  ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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.

13.  DISCOUNT FOR PROMPT PAYMENT  SEE 14 (See section I, Clause No 52.232-8)

10 CALENDAR DAYS                             %

20 CALENDAR DAYS                            %

30 CALENDAR DAYS                             %

CALENDAR DAYS                          %

14.  ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the solicitation and related documents )

numbered and dated:

15A. NAME

CODE

FACILITY

16.  NAME AND TITLE OF PERSON AUTHORIZED

AND ADDRESS OF OFFEROR

TO SIGN OFFER (Type or print)

15B.  TELEPHONE NO.  (Include area code)

15C.  CHECK IF REMITTANCE ADDRESS [   ]          IS DIFFERENT FROM ABOVE - ENTER     SUCH ADDRESS

17.  SIGNATURE

18.  OFFER DATE

AWARD (To be completed by Government)

19.  ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT

21.  ACCOUNTING AND APPROPRIATION

22.  AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:    [   ]  10 U.S.C. 2304(c)(         )                 [   ]  41 U.S.C. 253(c)(           )

23.  SUBMIT INVOICES TO ADDRESS SHOWN IN        (4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7)                          CODE

25.  PAYMENT WILL BE MADE BY                       CODE

26.  NAME OF CONTRACTING OFFICER (Type or print)

27.  UNITED STATES OF AMERICA   (Signature of Contracting Officer)

28.  AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

 

SECTION B

PART I:  PRICE - HEALTH INSURANCE

 

 

B.1.     HEALTH INSURANCE SERVICES

 

The Contractor shall provide the Health Insurance services to employees of the Government of the United States of America in Lilongwe, Malawi as described in Section C.  The groups of employees who shall be provided this insurance are listed in C.1.3. This insurance shall be provided in accordance with Section C.

 

B.1.1.  Official Residence Expense (ORE) Staff are included under this contract only as a rider; the Contractor shall bill the Chief of Mission and Deputy Chief of Mission (for ORE Staff) at the rates specified below.  . C.1.1.17 (Catastrophic Coverage) and C.1.1.19 (Excess Coverage) are also riders under this contract.

See Section G for billing procedures

 

B.2.     PRICES

 

B2.1 VALUE ADDED TAX.

 

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B. 

 

B.2.1   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 for the health insurance services as specified in Section C are as follows:

 

 

 

 

 

 

 

 

 

 

B.3      ADMINISTRATIVE RETENTION AMOUNTS

 

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 bi-weekly 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.4.     ECONOMIC PRICE ADJUSTMENT-HEALTH INSURANCE PREMIUMS 

 

B.4.1. Premium Adjustment Based on Experience - 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.  Adjustments are not retroactive to previous contract terms.  Before any such adjustment is made, the Contractor agrees to provide the Government a balance sheet showing three main components for the time period:  (1) receipts (premiums received) minus the retention amount, (2) number of insurance plans and (3) claims paid.  This information shall be provided per type of premium, ie per line item.  The retention amount is not subject to adjustment.  The Government reserves the right to have an independent third party review the balance sheet and claims 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.  Mutually agreed to adjustments shall be effective thirty days after complete information is received by the Government.  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 - 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 – 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. 

 

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

 

 

PART I - HEALTH INSURANCE

  

C.1.     HEALTH INSURANCE SERVICES

 

The Government of the United States of America requires Health Insurance coverage for its employees as further described in C.1.2 in Lilongwe, Malawi.  The Government has determined that the prevailing practice by employers in Malawi is to provide for their employees health insurance protection and that the cost of such insurance protection is usually borne by both the employer and the employee on a 90% - 10% basis, respectively.  Health insurance protection will be representative of locally prevailing compensation practice as further described in C.1.2.  The specific health benefit coverage under this contract is set forth in Section C.

The Contractor shall insure that health care under this contract does not exclude HIV/AIDS care.

 

C.1.1   Employee and Dependent Health Services Benefits

 

The health benefits under this contract are as follows.  Reimbursement of covered expenses is limited to the stated percentages of reasonable and customary costs.

 

Reimbursements or payments shall be made for the following covered benefits, subject to reasonable and customary costs in the locality where treatment was provided.

 

C.1.1   Employee and Dependent Health Services Benefits

 

C.1.1.1.           Hospitalization:  100% coverage.  Services and supplies provided during hospitalization, including services provided by a certified healthcare provider, bed and board (semi-private accommodations), operating room, recovery room, intensive care, imaging and diagnostic testing, general hospital nursing care, and drugs and medicines administered while in the hospital.  When private accommodations are provided, coverage will be limited to the cost of a semi-private room.  

C.1.1.2   Outpatient Services:  80% coverage. Services provided by a certified healthcare provider on an ambulatory or outpatient basis (without being admitted to a hospital), including surgeon’s fees and other medical services that may be provided in a hospital, clinic, doctor’s office, medical facility, etc.  Examples include, but are not limited to:
- Annual physical examinations
- Specialist consultations and treatment, including second surgical opinion
- Minor surgical interventions
- Chemotherapy and radiation treatments
- Immunizations recommended by local authorities and/or the World Health Organization
- Diagnostic tests and diagnostic imaging

 

 .

 

C.1.1.3.           Prescription Drugs and Medicines:  100% reimbursement when hospitalized, and 80% reimbursement when not hospitalized. Medications that are prescribed by a certified health care provider that are medically necessary to treat a specified diagnosis.  Examples include, but are not limited to:  prescription antibiotics to treat an infection; medication used to treat an ongoing condition, such as high cholesterol; or contraceptive medication. 

 

C.1.1.4            HIV/AIDS: 100% up to USD 10,000 per year/ covered individual. Medications to suppress opportunistic infections (such as tuberculosis or toxoplasmosis for covered individuals who have HIV/AIDS).  Brief courses of anti-retroviral drugs during childbirth to prevent the transmission of HIV/AIDS to the child.  Generally excludes medication for the long-term suppression of HIV/AIDS through the combination of anti-retroviral drugs in locations with inadequate local healthcare infrastructures. 

 

 

C.1.1.5            Obstetrical and new born Care:  100% reimbursement when hospitalized, and 80% reimbursement when not hospitalized. Care and services that women receive during pregnancy (prenatal care), throughout labor and delivery, and post-delivery, and outpatient care for newborn babies.  Hospitalization during pregnancy and/or delivery will be reimbursed as Hospitalization (treatment in the hospital for inpatient care).  All other treatments will be considered Outpatient Services (see above).

 

 

C.1.1.6            Hearing Aids:  80% Coverage. Hearing aid apparatus and related examinations.  Limited to one apparatus per ear up to a maximum of USD 1,500 per covered individual per three-year period.

 

C.1.1.7            Optical Care: 80% Coverage. Eye examination, treatment, and prescription lenses and frames or contact lenses up to a maximum of USD150 per covered individual per contract year.

 

 

C.1.1.8            Dental Care:  80% Coverage. Dentist’s fees, x-rays, examinations and treatment, cleanings, fillings, extractions, false teeth, crowns, and bridges per covered individual up to a maximum of USD3200 per contract year.  Orthodontia treatment is covered only if treatment begins before age 18, or if required as the result of an accident.  A maximum of four years of orthodontia treatment will be covered per covered individual up to a maximum of USD2400 lifetime limit.

 

C.1.1.9            Rehabilitative and Habilitative Services and Devices:  50% Coverage. Rehabilitative services (e.g., recovering skills, such as speech therapy after a stroke) and habilitative services (e.g., developing skills, such as speech therapy for children) that help develop skills needed for everyday life.  Devices to help gain or recover mental or physical skills lost due to injury, disability or a chronic condition, and devices needed for habilitative reasons.

 

C.1.1.10          Medical Expenses Incurred Out of Country:

Medical expenses incurred out-of-country will be covered at the same benefit levels and subject to the same total maximum annual limit as medical expenses incurred in-country.

 

C.1.1.11          Out of Country Medical Travel

 

Transportation for out-of-country medical treatment will be a covered expense for covered employees and eligible family members.  To be considered a covered expense, the attending certified health care provider must certify in advance that the treatment is medically necessary and unavailable locally.  80% of covered individual’s transportation expenses by the least expensive, appropriate means of transportation to the nearest city with adequate medical facilities will be covered.  80% of the transportation expenses of an attendant will also be covered, but only if the covered individual's attending certified health care provider certifies that an attendant for the patient is necessary, (e.g., a parent in the case of a patient who is a minor, or a family member to make medical decisions in the case of a patient who is unwell or unconscious).  All coverage for transportation for out-of-country medical treatment is subject to the total maximum annual limit.  Transportation to a neighboring country without the attending certified health care provider certifying that the treatment is medically necessary and unavailable locally will not be covered.

 

C.1.1.12          Annual Maximum Limit - The maximum annual reimbursement per patient per contract year, not including expenses covered under c.1.1.4, is $25,682.00 per patient per contract year.

 

C.1.1.13 Ambulance: 80% Coverage. Professional ground transport to move a patient from the place where s/he is injured or becomes ill to the nearest hospital able to provide treatment or to move a patient from one medical facility to another.

 

C.1.1.14 Emergency Services: 100% coverage. Services provided for conditions that could lead to serious disability or death if not immediately treated, such as accidents or sudden illness.

 

C.1.1.15   Pediatric services: In-patient:  100%. Out-patient:  80% coverage. Primary and preventive routine care services for covered dependent children, including, but not limited to:  physical examination, developmental assessment, laboratory tests, and immunizations recommended by local authorities or the World Health Organization. 

 

C.1.1.16 Preventative and Wellness Services and Chronic Disease Management: 80% Coverage. Counseling or preventive care designed to prevent or detect medical conditions and care for chronic conditions such as asthma and diabetes.  Examples include, but are not limited to:  physicals, immunizations, and cancer screenings. 

 

 

C.1.1.17 Family planning: 80% coverage. Prescribed contraceptive devices, voluntary sterilization, and diagnosis and treatment of infertility. 

 

C.1.1.18. Mental, Nervous, and Substance Abuse Care: 50% Coverage. Inpatient and outpatient care provided to evaluate, diagnose and treat a mental health condition or substance abuse disorder. This includes behavioral health treatment, counseling, and psychotherapy.  Services must be provided by a licensed psychiatrist, psychoanalyst, psychologist, or psychiatric social worker.  Inpatient care for alcohol and substance abuse must be carried out at a facility certified for detoxification and rehabilitation. 

 

C.1.1.19 Catastrophic Coverage: Additional coverage equal to USD 26,000 per person per contract year.  LE Staff must pay 100% of the premium if they elect Catastrophic Coverage.  Catastrophic conditions shall be defined as major medical conditions occurring as a result of a single/illness/accident or closely related set of major illnesses (or conditions relating to a single accident) that exceed the standard maximum coverage limit. 

 

C.1.1.20 Excess Coverage: Additional coverage equal to 100% of the annual maximum USD 26,000  to be applied to any covered individual to any covered benefit.  LE Staff must pay 100% of the premium if they elect Excess Coverage.  Not applicable to direct reimbursement posts.   This can be used for any coverage individual for any covered expense that exceed annual maximum.

 

C.1.1.21 Exclusions to Coverage: There is no reimbursement for elective cosmetic surgery; spa cures; rejuvenation cures; massage; exercise therapy; long-term rehabilitative therapy; non-medical hospital charges (e.g.,  telephone, television, etc.); home help, family help, or similar household assistance; fees of persons who are not certified health care providers; advanced reproductive technology (e.g., in-vitro fertilization, artificial insemination, cryopreservation, etc.); or services or supplies which have not been prescribed or approved by a certified health care provider.   Exclusions to coverage may be amended if provided in an off the shelf plan and is the lowest-cost and technically acceptable.  Removal of any exclusion requires prior authorization.

There is no reimbursement for expenses that will be reimbursed or paid directly under a host country medical program or workers' compensation program, the U.S. workers’ compensation program, or post’s LE Staff workers’ compensation program. 

 

C.1.3   Eligible Participants

 

C.1.3.1  Eligible Employees - The employees eligible for the health insurance services include the following:

 

C.1.3.1.1         All current active employees of the United States Government, employed within the geographic boundaries of Lilongwe Malawi paid under the Local Compensation Plan, and certified by the Contracting Officer.  Covered employees include

 

C.1.3.1.2.        Foreign Service Nationals (FSNs) employed under direct hire appointments, Personal Services Agreements (PSAs) and Personal Services Contracts (PSCs);

 

C.1.3.1.3.        Locally hired U.S. citizens employed under direct hire appointments, PSAs, and PSCs.

 

C.1.3.2            Location of Employment

 

The individuals covered by C.1.3.1 must be employed within the geographic boundaries of Lilongwe, Malawi by:

 

United States Department of State (DOS)

United States Agency for International Development (USAID)

United States Centre for Disease Control (CDC)

United States Department of Defense (DOD)

 

C.1.3.3   Participants Covered Under a Rider

 

C.1.3.3.1         All current active employees of the Chief of Mission and the Deputy Chief of Mission assigned to their respective official Government residences and paid under an ORE account (see separate rider).  All costs for ORE employees are the responsibility of the employing officer, not the U.S. Government. All costs for C.1.1.17 (Catastrophic Coverage) and C.1.1.20 (Excess Coverage) are the responsibility of the employee.

 

C.1.3               Individuals Not Eligible for Coverage                      

 

Individuals not eligible for coverage under this contract are non-personal services contract personnel; employees working on a temporary basis; 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.

 

C.1.4               Other Eligible Participants

 

Covered dependents include the participating employee’s one legal spouse and unmarried children to 26, or disabled.  .  An eligible child is defined as the LE Staff’s natural, adopted, stepchild, or foster child.  The child must be unmarried and financially dependent upon the LE Staff.  A child will be covered until the end of the contract year in which s/he reaches age 26.  An unmarried child determined to be incapable of self-support due to a physical or mental condition will continue to be eligible to participate in the medical plan as long as the condition persists, the child remains unmarried, and the LE Staff maintains coverage  There is no limit on the number of children covered per employee.

 

C.1.5.              Eligibility

 

C.1.5.1.           Term of Eligibility and Effective Date 

 

Each current active 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 will be enrolled upon entering on duty with the United States Government.  An employee is considered active ("on the rolls") whenever such employee is on approved leave, whether paid or unpaid.

 

During a period of Leave Without Pay (LWP) 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.

 

C.1.5.2.           Period of Ineligibility 

 

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 extended (beyond one pay period) of Leave Without Pay (LWP) 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.1.6.              BROCHURE REQUIREMENT

 

C.1.6.1.           The Contractor shall provide a document (brochure/pamphlet/other written document) in English 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.1.6.2.           The Contractor shall provide the document described in C.1.6.1 to the COR not later than thirty days (30) after date of contract award.  The Contractor shall provide additional brochures for new employees within ten (10) days of the COR’s request.

 

C.1.6.3.           The Contractor assumes full responsibility for ensuring that the document described in C.1.6.1 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.                                                                                                                                                                                                                                                                                                                                                                                          

 

 

 

 

SECTION D

PACKAGING AND MARKING

 

(RESERVED)

SECTION E

INSPECTION AND ACCEPTANCE

 

E.1.      52.252‑2     CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

 

This contract incorporates the following clauses by reference, with the same force and effect as if they were 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/  or   http://farsite.hill.af.mil/vffara.htm

 

These addresses are subject to change.  If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

  

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

 

CLAUSE        TITLE AND DATE

 

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

 

E.2.      QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

 

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 Paragraph	Performance Threshold
Services Performs all the insurance services set forth in the Performance Work Statement (PWS)	C.1.0 thru C.3.0	All required services are performed and no more than one (1) customer complaints is received per month.

 

E.2.1    Surveillance. 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.2.2    Standard.  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.2.3    Procedures

 

(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 complaint. 

 

(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)

 

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/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change.  If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

 

The following Federal Acquisition Regulation clauses are incorporated by reference:

 

CLAUSE        TITLE AND DATE

52.242-15        Stop Work Order (AUG 1989)

 

52.242-17        Government Delay of Work (APR 1984)

 

F.2       PERIOD OF PERFORMANCE.  The performance period of this contract is one year beginning on April 1, 2019 with four one – year options to renew.

 

F.3       OPTIONS

 

(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 (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

 

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

                       

SECTION G

CONTRACT ADMINISTRATION DATA

 

G.1.     652.242-70    CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999)

 

            (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 Assistant

 

G.2      COR DUTIES

 

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 the currency identified in the section B pricing tables 

 

G.4      SUBMISSION OF INVOICES AND PAYMENT

 

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

 

 

G.4.2.  Frequency of Payments.  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.   Contractor may submit invoices monthly for payment to be made at the beginning of the month for which insurance coverage is provided in accordance with FAR 32.404.  

 

G.4.3. U.S. Government Employees.  The Government shall make payments directly to the Contractor for all Government employees, whether or not the employee is contributing to the premium amount.

 

G.4.4 ORE Staff.  The Chief of Mission and/or Deputy Chief of Mission will make payment directly to the Contractor for the entire premium amount of the ORE staff, whether or not the ORE employee is contributing to the premium amount.  The employee will make payment directly to the Contractor for the entire premium amount if C.1.1.17 (Catastrophic Coverage) or C.1.1.20 (Excess Coverage) are chosen by the employee.

 

G.5                  REFUNDS TO THE GOVERNMENT

 

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      VALUE ADDED TAX

 

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION H

SPECIAL CONTRACT REQUIREMENTS

 

H.1      SECURITY.  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.  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.  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 quarterly 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.3.1. The ORE staff under separate riders are not included under the task orders issued by the Contracting Officer.  Because their coverage is under a rider, their employer is responsible for directly interacting with the Contractor to order any coverage for their employees.  When contacted by the employer, the Contractor shall advise the employer of the paperwork and payment that will be necessary to order coverage for the identified individuals.  Because more than one employer may have ORE staff, the Contractor may be contacted by more than one employer (typically the Chief of Mission and Deputy Chief of Mission).   C.1.1.17 (Catastrophic Coverage and C.1.1.20 (Excess Coverage) are also riders to this contract and are not included under the task orders issued by the Contracting Officer.

 

H.4.     CONTRACTOR RESPONSIBILITY IN CLAIMS AND REIMBURSEMENT TO CLAIMANTS

 

General.

            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 in the annual 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.

                                     

H.5.     REPORT REQUIREMENTS.  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. The report shall not include any claims applicable to any type of “rider” (B.1.1).

           

H.6.     MISCELLANEOUS CONTRACTOR REQUIREMENTS

 

H.6.1.  General.  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 Malawi 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 Malawi 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.  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. 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 Activity.  The requiring activity under this contract is the U.S. Embassy.

SECTION I

CONTRACT CLAUSES

 

I.1.       52.252‑2   CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

 

This contract incorporates the following clauses by reference, with the same force and effect as if they were 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/  or   http://farsite.hill.af.mil/vffara.htm

 

These addresses are subject to change.  If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl to see the links to the FAR. You may also use a network “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

 

The following Federal Acquisition Regulation clauses are incorporated by reference:

 

CLAUSE        TITLE AND DATE

 

52.202-1          DEFINITIONS (NOV 2013)

 

52.203-3          GRATUITIES (APR 1984)

 

52.203-5          COVENANT AGAINST CONTINGENT FEES (MAY 2014)

 

52.203-6          RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)

 

52.203-7          ANTI-KICKBACK PROCEDURES (MAY 2014)

 

52.203-8          CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

 

52.203-10        PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

 

52.203-12        LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

 

52.203-17        CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND                                              REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER                                      RIGHTS (APR 2014)

 

52.203-19        Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

 

52.204-4          PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-9          PERSONAL VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

 

52.204-10        REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015)

 

52.204-13        SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

 

52.204-18        COMMERCIAL LAND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

 

52.204-19        INCORPORATION BY REFERENCE OF REPRESENTATIONS AND                                       CERTIFICATIONS (DEC 2014)

 

52.204-23        PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

 

52.209-6          PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

 

52.209-9          UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

 

52.215-2          AUDIT AND RECORDS - NEGOTIATION (OCT 2010)

 

52.215-8          ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

 

52.215-11        PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA – MODIFICATIONS (AUG 2011)

 

52.215-13        SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - 

                        MODIFICATIONS (OCT 2010)

 

52.215-21        REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

 

52.222-19        CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018)

 

52.222-50        COMBATTING TRAFFICKING IN PERSONS (MAR 2015)

 

52.223-18        ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

 

52.224-1          PRIVACY ACT NOTIFICATION (APR 1984)

 

52.224-2          PRIVACY ACT (APR 1984)

 

52.224-3          Privacy Training (JAN 2017)

 

52.225-5          TRADE AGREEMENTS (FEB 2016)

 

52.225-13        RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

 

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

 

52.228-3          WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)

 

52.228-5          INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

 

52.229-6          TAXES - FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

 

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 (OCT 2010)

 

52.232-18        AVAILABILITY OF FUNDS (APR 1984)

 

52.232-24        PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

 

52.232-25        PROMPT PAYMENT (JAN 2017)

 

52.232-33        PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

 

52.233-1          DISPUTES (MAY 2014) Alternate I (DEC 1991)

 

52.233-3          PROTEST AFTER AWARD (AUG 1996)

 

52.233-4          APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

 

52.242-13        BANKRUPTCY (JULY 1995)

 

52.243-1          CHANGES (AUG 1987) – Alternate I (APR 1984)

 

52.244-6          SUBCONTRACTOR AND COMMERCIAL ITEMS (July  2018)

 

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

 

52.248-1          VALUE ENGINEERING (OCT 2010)

 

52.249-2          TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (APRIL 2012)

 

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

 

I.2.       FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED IN     FULL TEXT

 

52.216-18    ORDERING (OCT 1995)

            (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.

(End of clause)

 

52.216-19      ORDER LIMITATIONS (OCT 1995)

 

            (a)        Minimum order.  When the Government requires supplies or services covered by this contract in an amount of less than one monthly premium, 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 300 monthly premiums

                        (2)        Any order for a combination of items in excess of 330 monthly premiums; 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  eight (8) 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.

(End of clause)

 

 

 

 

52.216-21     REQUIREMENTS (OCT 1995)

 

(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 the termination of this contract.

 

(End of clause)

 

52.217-8     OPTION TO EXTEND SERVICES (NOV 1999)

            The Government may require continued performance of any services within the limits and at the rates 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.

(End of clause)

 

52.217-9     OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

 (a)       The Government may extend the term of this contract by written notice to the Contractor within the 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 five (5) years.

(End of clause)

 

52.232‑19     AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

            Funds are not presently available for performance under this contract beyond 30 September of each Government Fiscal Year.  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 Year, 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.

(End of clause)

 

52.237-3          CONTINUITY OF SERVICES (JAN 1991)

            (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.

 

 52.237-7         INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

            (a)        It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor.  The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments.  The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents.  The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: All Specialties: $15,000.00 or the Malawi Kwacha equivalent.

            (b)       An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

            (c)        Liability insurance may be on either an occurrences basis or on a claims-made basis.  If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

            (d)       Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract.

            (e)        The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.  If during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

            (f)        The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause.  At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

 

 I.3       DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR)

 

The following DOSAR clauses are provided in full text:

 

652.204-70      DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (MAY 2011)

             (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)

 

CONTRACTOR IDENTIFICATION (JULY 2008)

            Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

            Contractor personnel must take the following actions to identify themselves as non-federal employees:

1)      Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2)      Clearly identify themselves and their contractor affiliation in meetings;

3)   Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4)  Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

 

 

652.216-70      ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

     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.

(End of clause)

 

652.225-71      SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, as amended (AUG 1999)

 

     (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 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 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) through (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.

(End of clause)

 

652.229-70      EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

            This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

(End of clause)

 

652.229-71       PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

            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.

(End of clause)

 

652.237-72 Observance of Legal Holidays and Administrative Leave (FEB 2015)

 

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

 

New Year’s Day

Martin Luther King’s Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

 

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

 

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day  falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday 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. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

 

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

 

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

 

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

 

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

 

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

 

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.

(End of clause)

 

 

 

652.242-73      AUTHORIZATION AND PERFORMANCE (AUG 1999)

 (a)  The Contractor warrants the following:

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

(End of clause)

 

652.243-70      NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said 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.

(End of clause)

SECTION J

LIST OF EXHIBITS/ATTACHMENTS

 

 

ATTACHMENT A: ACTUARIAL DATA OF POPULATION TO BE INSURED

 

1.  Department of State

 

Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
-1	female	2female	16	female	6female	32	1female	5female
	male	2male		male	6male		3male	1male
1	female	10female	17	female	5female	33	1female	8female
	male	3 male		male	7male		3male	1male
2	female	7female	18	Female	7female	34	4female	4female
	male	5male		Male	4male		4male	1male
3	female	8female	19	Female	2female	35	4female	9female
	male	7 male		Male	1male		4male	0 male
4	female	11female	20	Female	5female	36	0female	7female
	male	9male		Male	4male		7male	0male
5	female	4female	21	Female	7female	37	3female	9female
	male	4male		Male	2male		3male	1 male
6	female	7 female	22	Female	8female	38	1female	3female
	male	5male		Male	3male		8male	0male
7	female	7female	23	1female	3female	39	2female	4female
	male	10 male		Male	5male		5 male	3male
8	female	11female	24	0female	3 female	40	0female	5female
	male	9male		0male	6male		5male	1 male
9	female	8female	25	1female	3female	41	1female	4female
	male	10 male		0male	3male		8male	1 male
10	female	14female	26	1female	2female	42	7female	6female
	male	10male		0male	1male		2male	0male
11	female	10female	27	0female	2 female	43	4female	2female
	male	6male		0 male	0male		1male	0 male
12	female	8female	28	1female	3female	44	0female	2female
	male	6 male		2male	2male		7male	0male
13	female	13female	29	1female	2female	45	1female	2female
	male	11male		1male	0male		6male	3male
14	female	8female	30	2female	5female	46	0female	2female
	male	5male		1 male	0male		4male	0male
15	female	7 female	31	3female	0female	47	2female	4female
	male	5 male		1 male	0male		1male	1male
Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
48	1female	3female	64	0female	0female	80	female	female
	3male	2male		0male	0male		male	male
49	0female	2female	65	Female	female	81	female	female
	0male	0male		Male	male		male	male
50	0female	1female	66	Female	female	82	female	female
	0male	0male		Male	male		male	male
51	0female	0female	67	Female	female	83	female	female
	3male	0male		Male	male		male	male
52	0female	0female	68	Female	female	84	female	female
	1 male	0male		Male	male		male	male
53	1female	0female	69	Female	female	85	female	female
	5 male	0male		Male	male		male	male
54	0female	2female	70	Female	female	86	female	female
	2male	0 male		Male	male		male	male
55	0female	3female	71	Female	female	87	female	female
	1male	0male		Male	male		male	male
56	0female	0female	72	0female	0female	88	female	female
	1male	0male		0male	0male		male	male
57	0female	0female
	1male	0male
58	0female	1female
	1male	0male
59	0female	0female
	2 male	0male
60	0female	0female
	2male	0male
61	female	female
	1male	male
62	female	female
	male	male
63	female	female
	male	male

 

State Recap

 

Female Employees	Male Employees	Dependents	Average Family Size	Average Age (years)
33	105	434	4.5	35

 

2. Department of Defense (DOD)

 

Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
-1	0female	0female	16	0female	0female	32	0female	1female
	0 male	0 male		0 male	0 male		1 male	0 male
1	0female	0female	17	0female	0female	33	0female	0female
	0male	0male		0male	0male		0male	0male
2	0female	1female	18	0female	0female	34	0female	1female
	0male	0male		0male	0male		0male	0male
3	0female	0female	19	0female	0female	35	0female	0female
	0male	1male		0male	0male		0male	0male
4	0female	0female	20	0female	0female	36	0female	0female
	0male	1male		0male	0male		0male	0male
5	0female	0female	21	0female	0female	37	0female	0female
	0male	0male		0male	0male		1male	0male
6	0female	0female	22	0female	0female	38	0female	1female
	0male	0male		0male	0male		0male	0male
7	0female	1female	23	0female	0female	39	0female	0female
	0male	0male		0male	0male		0male	0male
8	0female	1female	24	0female	0female	40	0female	0female
	0male	0male		0male	0male		0male	0male
9	0female	0female	25	0female	0female	41	0female	0female
	0male	0male		0male	0male		1male	0male
10	0female	0female	26	0female	0female	42	0female	0female
	0male	1male		0male	0male		0male	0male
11	0female	0female	27	0female	0female	43	0female	0female
	0male	0male		0male	0male		0male	0male
12	0female	0female	28	0female	1female	44	0female	0female
	0male	1male		0male	0male		0male	0male
13	0female	0female	29	0female	0female	45	0female	0female
	0male	0male		0male	0male		0male	0male
14	0female	0female	30	0female	0female	46	0female	0female
	0male	0male		0male	0male		1male	0male
15	0female	0female	31	0female	0female	47	0female	0female
	0male	0male		0male	0male		0male	0female

 

DOD Recap

 

Female Employees	Male Employees	Dependents	Average Family Size	Average Age (years)
0	2	6	4	34

 

4.  United States Centers for Diseases and Control Prevention (CDC)

 

Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
-1	0female	0female	16	0female	0female	32	0female	0female
	0 male	0male		0 male	4 male		0 male	0male
1	0female	0female	17	0female	1female	33	0female	1female
	0male	0 male		0male	0male		0male	0 male
2	0female	0female	18	0female	2female	34	0female	0female
	0male	0male		0male	1male		0male	0male
3	0female	1female	19	0female	0female	35	0female	0female
	0male	1male		0male	0 male		1male	0 male
4	0female	1female	20	0female	2female	36	0female	0female
	0male	0male		0male	2male		1male	0male
5	0female	1female	21	0female	2female	37	0female	1female
	0male	2male		0male	1male		0male	0male
6	0female	0female	22	0female	1female	38	1female	0female
	0male	1male		0male	1male		2male	0male
7	0female	1female	23	0female	0female	39	0female	0female
	0male	0male		0male	2male		1male	0male
8	0female	1female	24	0female	1female	40	0female	1female
	0male	0male		0male	2male		0male	1male
9	0female	1female	25	0female	1female	41	0female	1female
	0male	0male		0male	0male		0male	0male
10	0female	1female	26	0female	1female	42	0female	0female
	0male	0male		0male	0male		0male	0male
11	0female	1female	27	0female	0female	43	0female	0female
	0male	1male		0male	0male		0male	0male
12	0female	1female	28	0female	0female	44	2female	1female
	0male	1male		0male	0male		2male	0male
13	0female	2female	29	0female	0female	45	1female	0female
	0male	2male		0male	0male		1male	0male
14	0female	2female	30	0female	2female	46	0female	1female
	0male	1male		0male	0male		1male	0male
15	0female	2female	31	1female	0female	47	0female	0female
	0male	10male		1male	0male		0male	0male
Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
48	1female	0female
	1male	0male
49	1female	1female
	0male	1male
50	1female	0female
	2male	0male
51	1female	0female
	0male	1male
52	0female	0female
	0 male	0 male
53	1female	0female
	0 male	1male
54	0female	0female
	0male	0male
55	0female	0female
	0male	1male

 

CDC Recap

 

Female Employees	Male Employees	Dependents	Average Family Size	Average Age (years)
11	12	63	4.15	44

 

 

 

 

 

 

 

 

5.  United States Agency for International Development (USAID)

 

Age	Number of Employees		Number of Dependents		Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
-1	0female		0female		16	0female	11female	32	0female	2female
	0male		3male			0male	9male		3male	0male
1	0female		1female		17	0female	4female	33	1female	5female
	0male		4male			0male	5male		0male	0male
2	0female		4female		18	0female	6female	34	1female	2female
	0male		3male			0male	12male		2male	0male
3	0female		7female		19	0female	9female	35	1female	4female
	0male		4male			0male	5male		0male	2male
4	0female		4female		20	0female	5female	36	1female	8female
	0male		6male			0male	4male		1male	0male
5	0female		1female		21	0female	9female	37	1female	8female
	0male		5male			0male	8male		2male	0male
6	0female		9female		22	0female	6female	38	2female	4female
	0male		5male			0male	3male		3male	0male
7	0female		5female		23	0female	9female	39	1female	5female
	0male		7male			0male	6male		9male	0male
8	0female		6female		24	0female	7female	40	2female	0female
	0male		4male			0male	2male		2male	0male
9	0female		6female		25	0female	9female	41	1female	4female
	0male		4male			0male	3male		6male	0male
10	0female		3female		26	0female	2female	42	5female	0female
	0male		7male			0male	4male		6male	1male
11	0female		9female		27	0female	3female	43	0female	3female
	0male		10male			0male	1male		5male	0male
12	0female		3female		28	0female	0female	44	2female	2female
	0male		9male			0male	1male		2male	0male
13	0female		4female		29	0female	2female	45	0female	2female
	0male		5male			0male	0male		4male	0male
14	0female		9female		30	0female	1female	46	1female	3female
	0male		4male			3male	0male		6male	0male
15	0female		8female		31	2female	5female	47	3female	2female
	0male		7male			0male	0male		2male	0male
48	2female		0female		64	0female	0female	80	0female	0female
	5male		0male			0male	0male		0male	0male
49	1female		2female		65	0female	0female	81	0female	0female
	4male		1male			0male	0male		0male	0male
50	1female		4female		66	0female	1female	82	0female	0female
	1male		0male			0male	0male		0male	0male
51	3female		1female		67	0female	0female	83	0female	0female
	3male		1male			0male	0male		0male	0male
52	0female		0female		68	0female	0female	84	0female	0female
	1male		1male			0male	0male		0male	0male
53	0female		0female		69	0female	0female	85	0female	0female
	2male		1male			0male	0male		0male	0male
54	2female		0female		70	0female	1female	86	0female	0female
	1male		0male			0male	0male		0male	0male
55	1female		1female		71	0female	0female	87	0female	0female
	2male		0male			0male	0male		0male	0male
56	0female		1female		72	0female	0female	88	0female	0female
	1male		0male			0male	0male		0male	0male
57	0female		0female		73	0female	0female	89	0female	0female
	2male		1male			0male	male		male	male
58	1female		1female		74	0female	0female	90	0female	0female
	2male		1male			0male	0male		0male	0male
59	1female		0female		75	0female	0female	91	0female	0female
	0male		0male			0male	0male		0male	0male
60	0female		0female		76	0female	0female	92	0female	0female
	1male		0male			0male	0male		0male	0male
61	0female		0female		77	0female	0female	93	0female	0female
	0male		0male			0male	0male		0male	0male
62	0female		0female		78	0female	0female	94	0female	0female
	1male		0male			0male	0male		0male	0male
63	0female		0female		79	0female	0female	95	0female	0female
	0male		0male			0male	0male		0male	0male
USAID Recap
Female Employees		Male Employees	Dependents		Average Family Size	Average Age (years)
37		81	392		4.6	23

Exhibit B - ORE EMPLOYEES RIDER

 

Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
-1	0female	0female	16	0female	1female	32	0female	0female
	0male	0male		0male	0male		0male	0male
1	0female	0female	17	0female	0female	33	0female	0female
	0male	0male		0male	0male		0male	0male
2	0female	0female	18	0female	0female	34	0female	0female
	0male	1male		0male	0male		0male	0male
3	0female	1female	19	0female	0female	35	0female	0female
	0male	0male		0male	0male		0male	0male
4	0female	0female	20	0female	1female	36	0female	0female
	0male	0male		0male	0male		0male	0male
5	0female	0female	21	0female	1female	37	0female	0female
	0male	0male		0male	0male		0male	0male
6	0female	0female	22	0female	0female	38	0female	2female
	0male	0male		0male	0male		0male	0male
7	0female	0female	23	0female	1female	39	0female	0female
	0male	0male		0male	0male		1male	0male
8	0female	1female	24	0female	1female	40	0female	0female
	male	male		male	male		male	male
9	0female	0female	25	0female	0female	41	0female	0female
	0male	0male		0male	1male		0male	0male
10	0female	0female	26	0female	1female	42	0female	0female
	0male	0male		0male	0male		0male	0male
11	0female	1female	27	0female	0female	43	0female	0female
	0male	0male		0male	0male		0male	0male
12	0female	0female	28	0female	1female	44	0female	0female
	0male	1male		0male	0male		0male	0male
13	0female	0female	29	0female	1female	45	1female	0female
	0male	0male		0male	0male		1male	0male
14	0female	1female	30	0female	0female	46	0female	0female
	0male	0male		0male	0male		0male	0male
15	0female	0female	31	0female	0female	47	0female	0female
	0male	0male		0male	0male		0male	0male
Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents	Age	Number of Employees	Number of Dependents
48	0female	1female	64	0female	0female	80	0female	0female
	0male	0male		0male	0male		0male	0male
49	0female	0female	65	0female	0female	81	0female	0female
	0male	0male		0male	0male		0male	0male
50	0female	1female	66	0female	0female	82	0female	0female
	0male	1male		0male	0male		0male	0male
51	0female	0female	67	0female	0female	83	0female	0female
	0male	0male		0male	0male		0male	0male
52	0female	0female	68	0female	0female	84	0female	0female
	0male	0male		0male	0male		0male	0male
53	0female	0female	69	0female	0female	85	0female	0female
	0male	0male		0male	0male		0male	0male
54	0female	0female	70	0female	0female	86	0female	0female
	0male	male		0male	male		0male	male
55	0female	0female	71	0female	0female	87	0female	0female
	0male	0male		0male	0male		0male	0male
56	0female	0female	72	0female	0female	88	0female	0female
	2male	0male		0male	0male		0male	0male
57	0female	0female	73	0female	0female	89	0female	0female
	0male	0male		0male	0male		0male	0male
58	0female	0female	74	0female	0female	90	0female	0female
	0male	0male		0male	0male		0male	0male
59	0female	0female	75	0female	0female	91	0female	0female
	0male	0male		0male	0male		0male	0male
60	0female	0female	76	0female	0female	92	0female	0female
	0male	0male		0male	0male		0male	0male
61	0female	0female	77	0female	0female	93	0female	0female
	0male	0male		0male	0male		0male	0male
62	0female	0female	78	0female	0female	94	0female	0female
	0male	0male		0male	0male		0male	0male
63	0female	0female	79	0female	0female	95	0female	0female
	0male	0male		0male	0male		0male	0male

 

Recap

 

Female Employees	Male Employees	Dependents	Average Family Size	Average Age (years)
1	4	20	5	29

 

HISTORICAL CLAIMS INFORMATION OVER THE PAST THREE YEARS

 

Year                                                                                        Medical Claims (Malawi Kwacha)

 

2017                                                                                        MWK113, 665,564.32

2016                                                                                        MWK 89,227,138.93

2015                                                                                        MWK 42,991,475.99

 

NOTE TO OFFERORS

 

The claims paid by the incumbent contractor are provided for information purposes only and under no circumstances shall it be construed to change any terms or conditions or requirements within the solicitation. Under no circumstances shall the U.S Government be liable for this data or shall it become the basis for a request to adjust the premium rates after contract award. Offerors are advised that any adjustments to contract premium rates shall be in accordance with B.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION K

REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF OFFERORS

 

K.1      52.203-2   CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR         1985)

 

(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                                                                                           

(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.

(End of provision)

 

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

 

               (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 $150,000, for each failure.

(End of provision)

 

K.3      52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (JAN 2017)

 

K.4.     52.204-3    TAXPAYER IDENTIFICATION (OCT 1998)

 

(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  ______________________________        

(End of provision)

           

K.5      52.225-20     Prohibition on Conducting Restricted Business     Operations in Sudan— Certification (AUG 2009)

 

(a)   Definitions. As used in this provision—

 

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

 “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

(End of provision)

K.6      52.204-8 Annual Representations and Certifications (JAN 2018).

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

(2) The small business size standard is $7M.

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) 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 (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision 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 SAM.

(End of provision)

 

K.7      52.209-5    Certification Regarding Responsibility Matters (oct 2015)

 

(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, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted 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; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(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) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a 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 nonresponsible.

(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 provision. 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 Officer may terminate the contract resulting from this solicitation for default.

 (End of provision)

 

 

 

 

K.8.     52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (JUN 2018)

 

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

________ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

________ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to [email protected]. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) 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 submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

 

K.9      AUTHORIZED CONTRACT ADMINISTRATOR

 

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:
Address:
Telephone Number:

 

The following DOSAR provisions are provided in full text:

             

K.10    652.225-70      ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

 

(a)               Definitions. As used in this provision:

Foreign person means any person other than a United States person as defined below. 

United States person means any United States resident or national (other than an individual resident outside 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.

(End of provision)

 

K.11       52.209-2 Prohibition on Contracting with Inverted Domestic Corporations Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that.

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

 (End of provision)

 

SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

 

 

L.1.      SUBMISSION OF OFFERS

 

This solicitation is for the provision of insurance and services described in Sections C, under the terms and conditions set forth herein. 

 

The Offeror shall include Defense Base Act (DBA) insurance premium costs covering their employees working on the contract to include American citizens, Individuals hired in the United States or its possessions, regardless of citizenship, Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas.  The offeror shall obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

 

L.2.      SUMMARY OF INSTRUCTIONS.  Each proposal must consist of the following separate volumes:

 

 

L.3.      DELIVERY OF PROPOSALS AND EXCEPTIONS TO SOLICITATION.  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.  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 33: 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.

 

(a)        Price proposal for the base year

                         

(b)       Price proposal for the option years; 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 option periods.

 

L.4.3.  Volume 3 -- Technical Proposal

 

L.4.3.1  Management Approach

           

(a)        Understanding of the Requirement 

 

(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 

 

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

·         The overall management of the contract. 

 

L.4.3.2.1.         Experience and Past Performance 

 

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

 

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 Malawi 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 Malawi, it must demonstrate that it is licensed/certified/accredited by a government other than Malawi to provide health insurance for persons in Malawi and must demonstrate its capacity to provide health benefits in Malawi 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 Malawi or its agents. 

 

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

 

 

 

 

L.4.3.3.            Profit Sharing Credit 

 

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

 

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)

 

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://www.acquisition.gov/far/  or  http://farsite.hill.af.mil/vffara.htm.

 

These addresses are subject to change.  If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use of an internet “search engine” (for example, Google, Yahoo, Excite) is suggested to obtain the latest location of the most current FAR.

 

The following Federal Acquisition Regulation provisions are incorporated by reference:

 

PROVISION  TITLE AND DATE

 

52.204-7          SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

 

52.204-16        Commercial and Government Entity Code Reporting                           (JULY 2016)

 

52.209-7          INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

 

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

 

52.215-1          INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

 

52.222-56        CERTIFICATION REGARDING TRAFFICKING IN PERSONS (MAR 2015)

 

 

L.6       SOLICITATION PROVISIONS INCLUDED IN FULL TEXT

 

L.6.1    52.216-1   TYPE OF CONTRACT (APR 1984)

 

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

 

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

 

L.6.3    52.233-2          SERVICE OF PROTEST (SEP 2006)

 

(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) Kenyatta Road, Area 40, Plot # 24, Lilongwe, Malawi by obtaining written and dated acknowledgment of receipt from the Embassy Visitor Control Guard / Reception at the Embassy Main Gate. 

 

(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 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

 

(a) The Department of State’s Advocate for Competition 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 first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

 

(1)               For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at [email protected].

 

(2)               For all others, the Department of State Advocate for Competition at [email protected].

 

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential 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,      Kenneth Dupree, at __01 73 166 Ext 3405. 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) 516-1696 or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520.

(End of provision)

 

L.8.      PRE-PROPOSAL CONFERENCE

 

L.8.1.  A pre-proposal conference to discuss the requirements of this solicitation will be held on January 3, 2019 at 09:00 hours at the Embassy Conference Room.  Offerors interested in attendance should contact the following individual:

 

 

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

 

            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 that shows profitability for the past five (5) years;

 

Balance Sheet that shows the assets owned and the claims against those assets, or what a firm owns and what it owes; and

 

Cash Flow Statement 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 nonresponsible.

 

 

SECTION M

EVALUATION FACTORS FOR AWARD

 

 

M.1.     EVALUATION OF PROPOSALS

 

M.1.1.  General.  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 

 

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 specified in Section B. The “Total evaluated price” will not include any “rider” (see B.1.1) prices.

 

The Government will make a responsibility determination by analyzing whether the apparent successful offeror complies with the requirements of FAR subpart 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

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

 

M.3.     AWARD SELECTION

 

M.3.1.  General.  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.

 

M.3.2. Profit Sharing Credit Plan 

 

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

 

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

 

            Offers will be evaluated on:   

(i)      Meeting each of the individual mandatory requirements/minimums for health and life insurance coverage specified in Section C through H and the Exhibit(s) and submitting an acceptable Management Plan (L.4.3) indicating how vendor will administer the plan and demonstrate an understanding, knowledge and familiarity of the requirements.  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).  

(c) Fail to demonstrate how solicitation requirements will be met.

            (ii)       The demonstration that the offeror is licensed/certified/accredited or otherwise authorized by the government of Malawi 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 Malawi, 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 Malawi and must demonstrate its capacity to provide health benefits in Malawi to meet the minimum requirements and other conditions set forth in this solicitation;

(iii)       Acceptable relevant Experience and Past Performance; and

            (iv)       Meet all other terms and conditions set forth in this solicitation.

 

M.6.     52.217-5    EVALUATION OF OPTIONS (JULY 1990)

 

            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.     PRICE EVALUATION 

 

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 

 

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 

 

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 15.305(a).

 

M.10    52.225-17    EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000):

 

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows: 

(a)        For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b)        For acquisitions conducted using negotiation procedures—

(1)        On the date specified for receipt of offers, if award is based on initial offers; otherwise

            (2)        On the date specified for receipt of proposal revisions.