48 CFR Part 652 — Solicitation Provisions and Contract Clauses

PART 652—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. Source: 53 FR 26177, July 11, 1988, unless otherwise noted. 652.000 Scope of part. This part sets forth solicitation provisions and contract clauses, in addition to those prescribed in FAR Part 52, for use in DOS acquisitions. Subpart 652.1—Instructions for Using Provisions and Clauses 652.100 Scope of subpart. 652.100-70 Policy. (a) The solicitation provisions and contract clauses in FAR subpart 52.2 or this subpart 652.2 shall be used as prescribed therein, except when the use of any provision or clause is prohibited by or inconsistent with local laws, or the supplies or services could not be obtained if the provision or clause were to be included. (b) The contracting officer shall justify the exclusion of any provisions or clauses in accordance with FAR subpart 1.4 and 601.470. [53 FR 26177, July 11, 1988, as amended at 81 FR 24707, Apr. 27, 2016] 652.102 Incorporating provisions and clauses. 652.102-1 Incorporation by reference. The Procurement Executive is the agency head for the purposes of FAR 52.102-1(a)(2)(ii). Subpart 652.2—Text of Provisions and Clauses 652.200 Scope of subpart. This subpart sets forth the text of all DOSAR provisions and clauses, and for each provision and clause provides a cross-reference to the location in the DOSAR that prescribes its use. 652.204-70 Department of State Personal Identification Card Policy and Procedures. As prescribed in 604.1303-70, insert the following clause: Department of State Personal Identification Card Policy and Procedures (FEB 2015) (a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of 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 Policy and Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm. (End of clause) [80 FR 6932, Feb. 9, 2015] 652.206-70 Advocate for Competition/Ombudsman. As prescribed in 606.570, insert the following provision: 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 officer 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 AQMCompetitionAdvocate@state.gov. (2) For all others, the Department of State Advocate for Competition at cat@state.gov. (b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the preaward and postaward 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, [insert name], at [insert telephone and fax numbers]. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC 20522-0602. (End of provision) [64 FR 43629, Aug. 11, 1999, as amended at 80 FR 6924, Feb. 9, 2015] 652.215-70 Examination of records. As prescribed in 615.209-70, insert the following clause. Examination of Records (a) With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request: (1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and (2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters. (b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1). [87 FR 1082, Jan. 10, 2022] 652.216-70 Ordering—Indefinite-Delivery Contract. As prescribed in 616.506-70, insert the following clause: Ordering—Indefinite-Delivery Contracts (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) [53 FR 26177, July 11, 1988, as amended at 59 FR 66768, Dec. 28, 1994; 64 FR 43630, Aug. 11, 1999; 69 FR 19338, Apr. 13, 2004] 652.216-71 Price Adjustment. As prescribed in 616.203-4, insert a clause substantially the same as follows: Price Adjustment (AUG 1999) (a) The contract price may be increased or decreased in actual costs of direct service labor which result directly from laws enacted and effective during the term of this contract by the [insert name of country] Government. Direct service labor costs include only the costs of wages and direct benefits (such as social security, health insurance, unemployment compensation insurance) paid to or incurred for the direct benefit of personnel performing services under one of the categories listed in Section [identify section number] of this contract. Price adjustments will include only changes in direct service labor costs incurred in order to comply with the requirements of the law. No adjustment will be made under this clause with respect to labor costs of personnel not performing direct service labor under the categories of Section [identify section], nor for overhead, profit, general and administrative (G&A) costs, taxes or any other costs whatsoever. (b) For the contracting officer to consider any request for adjustment, the contractor shall demonstrate in writing: (1) That the change in the law occurred during the term of this contract and subsequent to the award date of this contract; and, (2) That the change in the law could not have been reasonably anticipated prior to contract award; and, (3) How the change in the law directly affects the contractor's costs under this contract. (c) The contractor shall present data that clearly supports any request for adjustment. This data shall be submitted no later than 30 calendar days after the changes in the law have been made public. This data shall include, but not be limited to, the following: (1) The calculation of the amount of adjustment requested; and, (2) Documentation which identifies and provides the appropriate portions of the text of the particular law from which the request is derived. (d) In order to establish the change between the requested adjusted rate and the original rate, the contractor shall support the appropriate data and composition of the original rate and the requested adjusted rate. This shall include details regarding specific hourly rates paid to individual employees. For contracts paid in U.S. dollars, the contractor's request for price adjustment shall present data reflecting: (1) The exchange rate in effect on the date of the contractor's proposal that was accepted for the basic contract; and (2) The current exchange rate and its effect on payment of workers in local currency. The allowable adjustment shall be limited to the extent to which increases in direct service labor costs due to host country law changes are not offset by exchange rate gains. (e) Only direct cost changes mandated by enacted laws shall be considered for adjustment under this contract. Changes for purposes of maintaining parity of pay between employees at the minimum mandated levels and employees already paid at levels above the newly mandated minimums shall not be considered. Therefore, if the contractor elects to increase payments to employees who are already being paid at or above the mandated amounts, such increased costs shall be borne solely by the contractor and shall not be justification for an increase in the hourly and monthly rates under this contract. (f) Any request for adjustment shall be presented by signature of an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. (g) No adjustment shall be made to the contract price that relates to any indirect, overhead, or fixed costs, profit or fee. Only the changes in direct service labor wages (and any benefits based directly on wages) shall be considered by the U.S. Government as basis for contract price changes. (h) No request by the contractor for an adjustment under this clause shall be allowed if asserted after final payment has been made under this contract. (i) This clause shall only apply to laws enacted by the [insert name of country] Government meeting the criterion set forth above in paragraph (b). No adjustments shall be made due to currency fluctuations in exchange rates. (End of clause) [64 FR 43630, Aug. 11, 1999] 652.219-70 Department of State Subcontracting Goals. As prescribed in 619.708-70, insert a provision substantially the same as follows: Department of State Subcontracting Goals (APR 2004) (a) The offeror shall provide a Small, Small Disadvantaged, Woman-Owned Small, HUBZone Small, and Service-Disabled Veteran-Owned Small Enterprise Subcontracting Plan that details its approach to selecting and using Small, Small Disadvantaged, Woman-Owned Small, HUBZone Small, and Service-Disabled Veteran-Owned Small Business Enterprises. (b) For the fiscal year [insert appropriate fiscal year], the Department's subcontracting goals are as follows: (1) Goal for subcontracting to SB: ________________ (2) Goal for subcontracting to SDB: ________________ (3) Goal for subcontracting to SWB: ________________ (4) Goal for subcontracting to HUBZone Firms: ________________ (5) Goal for subcontracting to SDVO: ________________ (6) Omnibus goals (if applicable): ________________ (i) 10% to minority business (ii) 10% to small business (End of provision) [69 FR 19338, Apr. 13, 2004] 652.219-71 Section 8(a) Direct Awards. As prescribed in 619.811-3(f), insert the following clause: Section 8( a (a) This purchase order or contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the Department of State (DOS). SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and provides counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: [To be completed by the contracting officer at the time of award] (b) The DOS contracting officer is responsible for administering the purchase order or contract and taking any action on behalf of the Government under the terms and conditions of the purchase order or contract. However, the DOS contracting officer shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the purchase order or contract. The DOS contracting officer shall also coordinate with SBA prior to processing any novation agreement. The DOS contracting officer may assign contract administration functions to a contract administration office. (c) The contractor agrees: (1) to notify the DOS contracting officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and, (2) to adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting. (End of clause) [64 FR 43630, Aug. 11, 1999] 652.219-72 Department of State Mentor-Protégé Program. As prescribed in 619.202-70(o)(1), insert the following provision: Department of State Mentor-Protégé Program (APR 2004) (a) Large and small businesses are encouraged to participate in the Department of State Mentor-Protégé Program. Mentor firms provide eligible small business protégés with developmental assistance to enhance their business capabilities and ability to obtain Federal contracts. (b) Mentor firms are large prime contractors or eligible small businesses capable of providing developmental assistance. Protégé firms are small businesses, as defined in 13 CFR parts 121, 124, and 126. (c) Developmental assistance is technical, managerial, financial, and other mutually beneficial assistance that aids protégés. Firms interested in participating in the program are encouraged to contact the Department of State OSDBU for further information. (End of provision) [69 FR 19338, Apr. 13, 2004] 652.219-73 Mentor Requirements and Evaluation. As prescribed in 619.202-70(o)(2), insert the following clause: Mentor Requirements and Evaluation (APR 2004) (a) Mentor and protégé firms shall submit an evaluation to the Department of State's OSDBU at the conclusion of the mutually agreed upon program period, the conclusion of the contract, or the voluntary withdrawal by either party from the program, whichever occurs first. At the conclusion of each year in the mentor-protégé program, the prime contractor and protégé will formally brief the Department of State Mentor-Protégé Program Manager regarding program accomplishments under their mentor-protégé agreement. (b) A mentor or protégé shall notify the OSDBU and the contracting officer, in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the program. A mentor firm shall notify the OSDBU and the contracting officer upon receipt of a protégé's notice of withdrawal from the program. (End of clause) [69 FR 19338, Apr. 13, 2004] 652.225-70 Arab League Boycott of Israel. As prescribed in 625.7002(a), insert the following provision: Arab League Boycott of Israel (AUG 1999) (a) Definitions. Foreign person United States person (b) Certification. (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) [64 FR 43631, Aug. 11, 1999] 652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended. As prescribed in 625.7002(b), insert the following clause: Section 8( a (a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act: (1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country; (2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person; (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person; (4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel; (5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and, (6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel. (b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott,” and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above: (1) Complying or agreeing to comply with requirements: (i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or, (ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country; (4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel; (5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and, (6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations. (End of clause) [64 FR 43631, Aug. 11, 1999] 652.228-70 Defense Base Act—Covered Contractor Employees. As prescribed in 628.309-70(a), insert the following provision: Defense Base Act—Covered Contractor Employees (FEB 2015) (a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees: Category Yes/No Number (1) United States citizens or residents (2) Individuals hired in the United States, regardless of citizenship (3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers' compensation laws Local nationals: (4) Local nationals or third country nationals where contract performance takes place in a country where there are local workers' compensation laws Local nationals: (b) The contracting officer has determined that for performance in the country of [contracting officer insert country of performance and check the appropriate block below] □ Workers' compensation laws exist that will cover local nationals and third country nationals. □ Workers' compensation laws do not exist that will cover local nationals and third country nationals. (c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not purchase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4. (End of provision) [71 FR 34841, June 16, 2006; 71 FR 41177, July 20, 2006; 80 FR 6932, Feb. 9, 2015] 652.228-71 Worker's Compensation Insurance (Defense Base Act)—Services. As prescribed in 628.309-70(b), insert the following clause: Workers' Compensation Insurance (Defense Base Act)—Services (FEB 2015) (a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” includes the following individuals: (1) United States citizens or residents; (2) Individuals hired in the United States or its possessions, regardless of citizenship; and (3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers' compensation laws. (b) The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL Web site at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. (c)(1) Section 16 of the State Department Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department. The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an intermittent or short-term basis. (2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the following information: (i) Contract number; (ii) Name of Contractor; (iii) Brief description of the services to be provided under the contract and country of performance; (iv) Name and position title of individual(s); (v) Nationality of individual(s) (must be U.S. citizen or U.S. resident); (vi) Dates (or timeframe) of performance at the overseas location; and, (vii) Evidence of alternative workers' compensation coverage for these employees (e.g., evidence that the State workers' compensation program covers workers on short-term foreign assignments). (3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file. (End of clause) [71 FR 34841, June 16, 2006; 71 FR 41177, July 20, 2006; 80 FR 6924, Feb. 9, 2015] 652.229-70 Excise Tax Exemption Statement for Contractors Within the United States. As prescribed in 629.401-70, insert the following clause: 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) [53 FR 26177, July 11, 1988, as amended at 64 FR 43632, Aug. 11, 1999] 652.229-71 Personal Property Disposition at Posts Abroad. As prescribed in 629.402-1-70, insert the following clause: 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) [64 FR 43633, Aug. 11, 1999] 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price). As prescribed in 632.908(a), the contracting officer may insert a clause substantially the same as follows: Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) (a) General. [ Use paragraph (b) only if partial payments apply. Otherwise, paragraph (a) above assumes the contractor will be paid in full amount upon completion of all contractural requirements. (b) Payment Schedule. Partial payment No. Specific deliverable Delivery date Payment amount 1 2 3 [ Continue as necessary (c) Invoice Submission. Invoices shall be submitted in an original and [contracting officer insert appropriate number of copies] to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or Block 18b of the SF-1449. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, “Prompt Payment”. (d) Contractor Remittance Address. (End of clause) [59 FR 66771, Dec. 28, 1994, as amended at 64 FR 43633, Aug. 11, 1999] 652.232-71 Voucher Submission (Cost-Reimbursement). As prescribed in 632.908(b), the contracting officer may insert a clause substantially the same as follows: Voucher Submission (Cost-Reimbursement) (AUG 1999) (a) General. contracting officer may substitute a different time frame, if appropriate contracting officer insert appropriate number (b) Contractor Remittance Address. (End of clause) [59 FR 66772, Dec. 28, 1994, as amended at 64 FR 43633, Aug. 11, 1999] 652.232-72 Limitation of Funds. As prescribed in 632.706-70, insert the following clause: Limitation of Funds (AUG 1999) (a) Of the total price in Section B (or the “Prices” section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the contract is obligated. (b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does not exceed the total amount obligated. (c)(1) It is contemplated that funds now obligated under this contract will cover the work to be performed until [contracting officer insert date]. (2) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until that date, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date specified in paragraph (c)(1) of this clause or another date agreed to by the parties. (3) If, after notification is provided pursuant to paragraph (c)(2) of this clause, additional funds are not obligated, or an earlier date than the date in paragraph (c)(1) of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract (including actions under the termination clause of this contract) beyond the funds obligated for contract performance. (d) When additional funds are obligated from time to time for continued performance of this contract, the contract shall be modified to increase the funds obligated and to indicate the period of performance for which funds are applicable. The contractor may notify the contracting officer as provided in paragraph (c)(2) of this clause regarding any additional funds obligated. (e) If the contractor incurs additional costs or is delayed in the performance of work under this contract, solely by reason of the Government's failure to obligate additional funds in amounts sufficient for the timely performance of this contract, an equitable adjustment may be made to the price, or time of delivery, or both. (f) This clause shall become inoperative upon obligation of funds sufficient to cover the full price stated in the contract, except for rights and obligations then existing under this clause. (g) Nothing in this clause shall affect the Government's right to terminate the contract for convenience or default. (End of clause) [64 FR 43633, Aug. 11, 1999, as amended at 81 FR 24707, Apr. 27, 2016] 652.236-70 Additional Safety Measures. As prescribed in 636.513, insert the following clause. ADDITIONAL SAFETY MEASURES (OCT 2017) In addition to the safety/accident prevention requirements of FAR 52.236-13, Accident Prevention Alternate I, the contractor shall comply with the following additional safety measures. (a) High risk activities. (1) Scaffolding; (2) Work at heights above 1.8 meters; (3) Trenching or other excavation greater than one (1) meter in depth; (4) Earth-moving equipment and other large vehicles; (5) Cranes and rigging; (6) Welding or cutting and other hot work; (7) Partial or total demolition of a structure; (8) Temporary wiring, use of portable electric tools, or other recognized electrical hazards. Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI; (9) Work in confined spaces (limited exits, potential for oxygen less than 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.); (10) Hazardous materials—a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations, which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or (11) Hazardous noise levels as required in EM 385-1 Section 5B or local standards if more restrictive. (b) Safety and health requirements. (c) Mishap reporting. immediately (d) Records. (e) Subcontracts. (f) Written program. (1) The SSHP shall be submitted at least 10 working days prior to commencing any activity at the site. (2) The plan must address developing activity hazard analyses (AHAs) for specific tasks. The AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. Work shall not begin until the AHA for the work activity has been accepted by the COR and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives. (3) The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by EM 385-1-1) shall be identified and included in the AHA. Proof of their competency/qualification shall be submitted to the contracting officer or COR for acceptance prior to the start of that work activity. The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s). (End of clause) [82 FR 58353, Dec. 12, 2017] 652.236-71 Foreign Service Buildings Act, as Amended. As prescribed in 636.570(a), insert the following provision: Foreign Service Buildings Act, as Amended (FEB 2015) (a) This solicitation is subject to Section 11 of the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 302). This statute limits competition under this solicitation to: (1) American-owned firms, as described in paragraph (b) of this provision; and, (2) Firms from countries that permit or agree to permit substantially equal access to American firms for comparable diplomatic and consular building projects. (b) To qualify as an American-owned firm for purposes of this solicitation, the bidder/offeror must demonstrate evidence of: (1) Performance of similar construction work in the United States or at a United States diplomatic or consular establishment abroad; and (2) Either— (i) Ownership in excess of 50% by U.S. citizens or permanent residents; or (ii) Incorporation in the United States for more than three (3) years and employment of U.S. citizens or permanent residents in more than half of the company's permanent full-time professional and managerial positions in the United States. (c) For purposes of determining competitive status, offers submitted by American-owned firms shall be reduced by ten (10) percent, provided that two responsible bidders/offerors submit a bid/offer. (d) Evidence of qualification. Location: (City and State/Country) Complexity: (Office building, etc.) Type of construction: Value of project: Location: (City and State/Country) Complexity: (Office building, etc.) Type of construction: Value of project: Location: (City and State/Country) Complexity: (Office building, etc.) Type of construction: Value of project: If the bidder/offeror's participation was as a partner or co-venturer, indicate the percentage of the project performed by the bidder/offeror: ______ % (2) Corporate location or ownership. (i) The bidder/offeror certifies that it □ is □ is not owned in excess of fifty (50) percent by United States citizens or permanent residents. (ii) The bidder/offeror certifies that it □ has □ has not been incorporated in the United States for more than three years and that it □ employs □ does not employ United States citizens or permanent residents in more than half of its permanent full-time professional and managerial positions in the United States. (e) By signing this bid/offer, the bidder/offeror certifies to the best of its knowledge, all of the representations and certifications provided in this provision are accurate, current and complete. (End of provision) [69 FR 19339, Apr. 13, 2004, as amended at 80 FR 6924, Feb. 9, 2015] 652.236-72 Statement of Qualifications for the Omnibus Diplomatic Security and Antiterrorism Act. As prescribed in 636.570(b), insert the following provision: Statement of Qualifications for the Omnibus Diplomatic Security and Antiterrorism Act (FEB 2015) (a) This solicitation is subject to Section 402 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (P.L. 99-399; 22 U.S.C. 4852). The Act limits certain construction projects abroad to United States persons or United States joint venture persons. This Statement of Qualifications shall be used to determine if a bidder/offeror meets the definition of a “United States person” or a “United States joint venture person” . (b) Definition. U.S. person (c) Representation. [ Complete a Statement of Qualifications for Purposes of Determining Status as a U.S. Person if the offeror represents that it is eligible. See paragraph (d) of this provision. Warning: (d) Statement of Qualifications for Purposes of Determining Status as a U.S. Person (22 U.S.C. 4852). Statement of Qualifications for Purposes of Determining Status as a U.S. Person (22 U.S.C. 4852) Name and address of U.S. person organization providing this information: Introduction. Note: The Statement of Qualifications shall provide information correctly applicable to the U.S. person whose qualifications are being certified, and shall not include information pertaining to corporate affiliates or subsidiaries. Organizations that wish to use the experience or financial resources of any other legally dependent organization or individual, including parent companies, subsidiaries, or other related organizations, must do so by way of a joint venture. A prospective bidder/offeror may be an individual organization or firm, a formal joint venture in which the co-venturers have reduced their arrangement to writing, or a de facto joint venture where no formal agreement has been reached, but the offering entity relies upon the experience of a related U.S. firm that guarantees performance. To be considered a “qualified United States joint venture person,” the joint venture must have at least one firm or organization that itself meets all the requirements of a U.S. person listed in Section 402. By signing this bid/proposal, the U.S. person co-venturer agrees to be individually responsible for performance of the contract, notwithstanding the terms of any joint venture agreement. 1. Section 402(c)(2)(A): Definitions for purposes of Section 402 determinations of eligibility— Incorporated Legally organized United States Question 1. 2. Section 402(c)(2)(B): Definitions for purposes of Section 402 determinations of eligibility— Principal place of business United States Question 2(a). Question 2(b). (i) Jurisdiction: (e.g., federal, state, city) (ii) Type of return (e.g., income tax, franchise tax, etc.). Include all that apply: 3. Section 402(c)(2)(C): (i) for more than 5 (five) years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and, (ii) for more than 2 (two) years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project abroad that involves technical security under subsection (a)(2).” Definitions for purposes of Section 402 determinations of eligibility— Has been incorporated or legally organized Issuance date Years Question 3: (i) On what date was the organization seeking eligibility incorporated or legally organized? ________________ (ii) If this date is less than the required number of years before the issuance date, on the basis of what documentation does the organization seeking eligibility claim that it has been in business for the requisite period of time?________________________________ (Identify, and forward copies as an Attachment to this Statement. This material may include such items as certificates of incorporation, partnership agreements, resolutions of boards of directors, etc.). 4. Section 402(c)(2)(D): Definitions for purposes of Section 402 determination of eligibility— Administrative and technical, professional, or construction services Complexity Type of construction Value Within the United States Question 4: Location: (City and State, or Country) Type of service: (administrative, etc.) Complexity: (office building, etc.) Type of construction: Value of project: If the prospective bidder/offeror's participation was as a partner or co-venturer, indicate the percentage of the project performed by the prospective offeror: ________ % 5. Section 402(c)(2)(E): Definitions of purposes of Section 402 determination of eligibility— 3 years of the 5-year period before the date specified in subparagraph (C)(i) Total business volume Years Question 5: The gross receipts for the business year: (list year and amount). The gross receipts for the business year: (list year and amount). The gross receipts for the business year: (list year and amount). The gross receipts for the business year: (list year and amount). The gross receipts for the business year: (list year and amount). 6. Section 402(c)(2)(F): Definitions for purposes of Section 402 determinations of eligibility— In the United States Permanent, full-time positions Principal management positions Supervisory positions United States citizen Question 6(a): (i) Principal management positions in the United States: Chief Operating Officer: (name) (citizenship) (ii) For each individual reporting directly to the above-named Chief Operating Officer, list position, name, and citizenship: Position: Name: Citizenship: (iii) Individual(s) expected to have primary management oversight responsibility for contract if it is awarded: (name) (citizenship) Question 6(b): Question 6(c): Question 6(d): I so certify: (signature) (name typed or printed) (position) (date) 7. Section 402(c)(2)(G): Definitions for purposes of Section 402 determinations of eligibility— Existing technical and financial resources Question 7: 8. Section 402(c)(3): Definitions for purposes of Section 402 determinations of eligibility— Assets Joint venture de facto Question 8(a): Question 8(b): (name) (address) Question 8(c): (name) (citizenship) (name) (citizenship) (name) (citizenship) Question 8(d): I so certify: (signature) (name typed printed) (position) (title) (e) Signature: (End of provision) [69 FR 19339, Apr. 13, 2004, as amended at 80 FR 6924, Feb. 9, 2015] 652.237-70 Compensatory time off. As prescribed in 637.110(a), insert the following clause: Compensatory Time Off (DEC 1994) (a) Compensatory time off means time from work during the personal service contract employee's basic work week in exchange for performing an equal amount of irregular of occasional overtime work which is officially ordered or approved. (b) At the discretion of the Contracting Officer's Representative (COR), the contractor may earn compensatory time off in accordance with 3 FAM Section 232.6—Compensatory Time Off. Compensation time off remaining to the credit of a personal services contract employee at the end of a 16-week period and/or at the end of the contract period shall be forfeited. (c) Compensatory time may not be converted to overtime. (End of clause) [59 FR 66772, Dec. 28, 1994] 652.237-71 [Reserved] 652.237-72 Observance of Legal Holidays and Administrative Leave. As prescribed in 637.110(b), insert the following clause: 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; when 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 contractor's accounting policy. (End of clause) [59 FR 66772, Dec. 28, 1994, as amended at 64 FR 43634, Aug. 11, 1999; 69 FR 19343, Apr. 13, 2004; 76 FR 20251, Apr. 12, 2011; 80 FR 6924, Feb. 9, 2015] 652.237-73 Statement of Qualifications for Preference as a U.S. Person. As prescribed in 637.110(c), insert the following provision: Statement of Qualifications for Preference as a U.S. Person (APR 2004) (a) This solicitation is subject to Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864). The Act encourages the participation of United States persons and qualified United States joint venture persons in the provision of local guard services overseas, and provides for a preference for eligible offers. (b) Definitions. Eligible offer Preference U.S. person (c) Representation. Complete a Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person if the offeror represents that it is eligible. paragraph (d) of this provision. Warning: (d) Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person (22 U.S.C. 4864). Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person (22 U.S.C. 4864) Name and address of U.S. person or organization providing this information: Introduction. Note: The Statement of Qualifications shall provide information correctly applicable to the U.S. person whose qualifications are being certified, and shall not include information pertaining to corporate affiliates or subsidiaries. Organizations that wish to use the experience or financial resources of another organization or individual, including parent companies, subsidiaries, or local, national or offshore organizations, must do so by way of a joint venture. The contract resulting from this solicitation shall not allow subcontracting. A prospective offeror may be a sole proprietorship, a formal joint venture in which the co-venturers have reduced their arrangement to writing, or a de facto joint venture with no written agreement. To be considered a “qualified joint venture person,” the joint venture must have at least one firm or organization that itself meets all the requirements of a U.S. joint venture person listed in Section 136. By signing this proposal, the U.S. person co-venturer agrees to be individually responsible for performance of the contract, notwithstanding the terms of any joint venture agreement. 1. Section 136(d)(1): Definitions for purposes of Section 136 determinations of eligibility— Incorporated Legally organized United States Question 1. 2. Section 136(d)(1): Definitions for purposes of Section 136 determinations of eligibility— Principal place of business Question 2(a). Question 2(b). (i) Jurisdiction: (ii) Type of return (e.g., income tax, franchise tax, etc.). Include all that apply: 3. Section 136(d)(1): Definitions for purposes of Section 136 determinations of eligibility— Has been incorporated or legally organized Issuance date Years Question 3: (i) On what date was the organization seeking eligibility incorporated or legally organized? (ii) If this date is less than two years before the issuance date, on the basis of what documentation does the organization seeking eligibility claim that it has been in business for the requisite period of time? (Identify, and forward copies as an Attachment to this Statement). 4. Section 136(d)(1): Definitions for purposes of Section 136 determination of eligibility— Complexity Overseas Performed Security services Within the United States Question 4: see Location: Type of service: (for example, stationary guards, roving patrol, quick-reaction force, etc.). Complexity: (type of facilities guarded, and number or extent of facilities, number of guards, etc.). 5. Section 136(d)(1): Definitions of purposes of Section 136 determination of eligibility— 3 years of the 5-year period before the date specified in subparagraph (C) Total business volume Years Question 5: see (i) The fiscal year ending during the calendar year that includes the date of this solicitation. (ii) The fiscal year ending in the calendar year immediately prior to the calendar year that includes the date of this solicitation. (iii) The fiscal year ending in the calendar year two years before the calendar year that includes the date of this solicitation. (iv) The fiscal year ending in the calendar year three years before the calendar year that includes the date of this solicitation. (v) The fiscal year ending in the calendar year four years before the calendar year that includes the date of this solicitation. An entity will be deemed to have met this requirement if the total cumulative business volume for the three years presented exceeds the contract price at time of award under this solicitation for the full term for which prices are solicited, including any option periods. 6. Section 136(d)(1): Definitions for purposes of Section 136 determinations of eligibility— Full-time In the United States Permanent Permanent, full-time positions Principal management positions United States citizen Question 6(a): (i) Principal management positions in the United States: Chief Executive Officer (if any): (name) (citizenship) Chief Operating Officer: (name) (citizenship) (ii) For each additional corporate officer having principal responsibility for the day-to-day operations of the corporation, list position, name, and citizenship. Position: Name: Citizenship: (iii) Individual(s) in the United States expected to have primary management oversight responsibility for contract if it is awarded: (name) (citizenship) Question 6(b): Question 6(c): 7. Section 136(d)(1): Definitions for purposes of Section 136 determinations of eligibility— Existing technical and financial resources Question 7: see 8. Section 136(d)(2): Definitions for purposes of Section 136 determinations of eligibility— Assets Joint venture Question 8(a): Question 8(b): (name) (address) Question 8(c): (name) (citizenship) (name) (citizenship) (name) (citizenship) Question 8(d): I so certify: (name) (position) (title) (e) Signature: (End of provision) [69 FR 19343, Apr. 13, 2004, as amended at 76 FR 20251, Apr. 12, 2011] 652.239-70 Information Technology Security Plan and Accreditation. As prescribed in 639.107-70(a), insert the following provision: Information Technology Security Plan and Accreditation (SEP 2007) All offers/bids submitted in response to this solicitation must address the approach for completing the security plan and certification and accreditation requirements as required by the clause at 652.239-71, Security Requirements for Unclassified Information Technology Resources. (End of provision) [72 FR 51569, Sept. 10, 2007] 652.239-71 Security Requirements for Unclassified Information Technology Resources. As prescribed in 639.107-70(b), insert the following clause: Security Requirements for Unclassified Information Technology Resources (SEP 2007) (a) General. (1) Hosting of DOS e-Government sites or other IT operations; (2) Acquisition, transmission or analysis of data owned by DOS with significant replacement cost should the Contractor's copy be corrupted; and (3) Access to DOS general support systems/major applications at a level beyond that granted the general public; e.g., bypassing a firewall. (b) IT Security Plan. (1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (2) National Institute of Standards and Technology (NIST) Guidelines (see NIST Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information Technology Systems ( http://csrc.nist.gov/publications/nistpubs/800-37/SP800-37-final.pdf (3) Department of State information security sections of the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) ( http://foia.state.gov/Regs/Search.asp (i) 12 FAM 230, Personnel Security; (ii) 12 FAM 500, Information Security (sections 540, 570, and 590); (iii) 12 FAM 600, Information Security Technology (section 620, and portions of 650); (iv) 5 FAM 1060, Information Assurance Management; and (v) 5 FAH 11, Information Assurance Handbook. (c) Submittal of IT Security Plan. (d) Accreditation. (e) Annual verification. (f) Warning notices. Government Warning **WARNING**WARNING**WARNING** Unauthorized access is a violation of U.S. law and Department of State policy, and may result in criminal or administrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOS information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorized Department officials. Use of this system constitutes consent to such monitoring. **WARNING**WARNING**WARNING** (g) Privacy Act notification. This system contains information protected under the provisions of the Privacy Act of 1974 (Pub. L. 93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both. (h) Privileged or limited privileged access. (i) Training. (j) Government access. (k) Subcontracts. (l) Notification regarding employees. (m) Termination. (End of clause) [72 FR 51569, Sept. 10, 2007] 652.242-70 Contracting Officer's Representative (COR). As prescribed in 642.272(a), insert a clause substantially the same as follows: Contracting Officer's Representative (COR) (AUG 1999) (a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. (b) The COR is [insert job title of COR]. (End of clause) [53 FR 26177, July 11, 1988, as amended at 59 FR 66772, Dec. 28, 1994; 64 FR 43634, Aug. 11, 1999; 69 FR 19345, Apr. 13, 2004] 652.242-71--652.242-72 [Reserved] 652.242-73 Authorization and Performance. As prescribed in 642.272(b), insert a clause substantially the same as follows: Authorization and Performance (AUG 1999) (a) The contractor warrants the following: (1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed; (2) That is has obtained all necessary licenses and permits required to perform this contract; and, (3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract. (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) Alternate I (a)(1) That it has obtained authorization to operate and do business in the country or countries in which this contract will be performed, or will obtain such authorization before performance of this contract begins; (a)(2) That it has obtained all necessary licenses and permits required to perform this contract, or will obtain such licenses and permits before performance of this contract begins; [64 FR 43634, Aug. 11, 1999, as amended at 69 FR 19345, Apr. 13, 2004] 652.243-70 Notices. As prescribed in 643.104-70, insert the following clause: 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) [64 FR 43634, Aug. 11, 1999] 652.245-70 Status of Property Management System. As prescribed in 645.107-70(a), insert the following provision: Status of Property Management System (DEC 2013) (a) When used in this provision, government-furnished property, government property, and contractor-acquired property are as defined in FAR 45.101. (b) Offerors shall include in their quote or offer: (1) Whether the offeror's property management system that will be used on this contract to track government-furnished property and/or contractor-acquired property has been determined to be adequate by a Federal property manager; (2) The name, address, telephone number and email address of both the- (i) Cognizant Administrative Contracting Officer (ACO) responsible for review and determination of adequacy of the contractor's property system; and (ii) The cognizant contractor government property manager; (3) The voluntary consensus standard or industry leading practices and standards to be used in the management of government property, or existing property management plans, methods, practices or procedures for accountability of property. (End of provision) [78 FR 76076, Dec. 16, 2013] 652.245-71 Special Reports of Government Property. As prescribed in 645.107-70(b), insert the following clause: Special Reports of Government Property (FEB 2015) (a) Definitions. Disposition Highway motor vehicle (b) The Contractor shall establish and maintain a property management system that is in accordance with the clause at FAR 52.245-1, Government Property. This clause supplements these requirements by specifying the U.S. Department of State capitalized property reporting requirements. (c) The Contractor shall submit electronically one report on an annual basis and three other reports on a quarterly basis for the following: (1) Where highway motor vehicles or aircraft, regardless of cost, are provided by the Government or acquired by the Contractor for the account of the Government; (2) Where software exceeding $500,000 in value, including labor cost to develop, is provided by the Government or acquired by the Contractor for the account of the Government; or (3) Where personal property greater than $25,000 (not in paragraph (c)(1) of this clause) is provided by the Government or acquired by the Contractor for the account of the Government. The personal property must be complete within itself; does not lose its identity or become a component part of other property when put into use; and is of a durable nature with an estimated useful life expectancy to exceed two years. (d) The Contractor shall submit all annual and quarterly reports in the following format, except as stated in paragraph (e) of this clause: (1) Property shall be grouped by the following property classifications: (i) Highway motor vehicles; (ii) Communications equipment; (iii) Information technology (formerly called automated data processing) equipment; (iv) Reproduction equipment; (v) Security equipment; (vi) Software; (vii) Software-in-development; (viii) Medical equipment; (ix) Aircraft property; and (x) Other depreciable personal property. (2) Data elements for each unit of property shall include: (i) Contract number: Federal Government contract or purchase order number; (ii) Task Order number; (iii) Property classification: From classification listed in paragraph (d)(1) of this clause; (iv) Denotation as either government-furnished property (GFP) or contractor-acquired property (CAP) (If from another DOS contract, or government agency, please specify); (v) Noun name of property ( i.e. (vi) Description of property; (vii) Manufacturer; (viii) Model; (ix) Serial number; (x) National Stock Number if applicable (xi) Unique-item identifier or equivalent: such as barcode label (tag number) or system-assigned number. For highway motor vehicles, this must be the vehicle identification number (VIN); (xii) Date received: Date contractor took possession; (xiii) Date placed in service; (xiv) Acquisition cost (As defined in FAR clause 52.245-1(a)): Use estimated fair-market value for property transferred or donated, at the time acquired, if actual cost is unknown; (xv) Estimated useful life in years: The period during which the property is expected to provide the service for which it was intended. This should normally be equivalent to the depreciation schedule; (xvi) Current location of the property: Country and city; (xvii) Disposal Date; (xviii) Disposal Method; (e) The Contractor shall submit a full property report, as described in this clause, including affirmation, for the report covering the first quarter of the base contract. Thereafter, submission of reports shall follow the time frames outlined in paragraph (h) below. Quarterly property reports, other than the annual report, may be either full property reports or only updates to the full property report. Quarterly reports do not require affirmations even when the Contractor chooses to submit a full property report. Affirmations are only required for the report covering the first quarter of the contract and the annual report for each subsequent option year of the contract. If the Contractor submits a full property report, dispositions subsequent to any previous report must also be identified in the report. If a Contractor submits a quarterly report in the form of an update, the update shall include acquisitions and dispositions. (f) The Contractor shall provide any required affirmation in the following format. The affirmation shall be signed by the Contractor's managerial personnel (as defined in FAR clause 52.245-1): “I hereby affirm that a physical inventory of the government property (as defined in Federal Acquisition Regulation (FAR) 45.101) of Department of State contract number ( insert contract number insert date Signed: Printed: Title: Date: (g) In addition to the information required above, the Contractor shall include in all property reports: (1) The current degree to which properly qualified Government personnel have evaluated the Contractor's property management system as being an adequate property management system; (2) The name, mailing address, telephone number, and email address of the qualified Government person(s) who performed the evaluation of the Contractor's property management system; and (3) The cognizant contractor government property manager. (h) Reports shall cover the following time periods and are due on the following dates: Report Period covered Due date 1st Quarter Report For 1st quarter ending December 31 January 15. 2nd Quarter Report (Annual Property Report) For 2nd quarter ending March 31 April 30. 3rd Quarter Report For 3rd quarter ending June 30 July 15. 4th Quarter Report For 4th quarter ending September 30 October 8. (i) The Contractor shall send a copy of all reports to the individuals listed below. The Contractor shall submit reports in electronic format as an attachment to an email. The affirmation described in paragraph (f) of this clause shall be in Adobe Acrobat (.pdf) format (including the signature), while the inventories, both quarterly and annual, shall be in Microsoft Excel format (Adobe Acrobat and Microsoft Excel versions shall be compatible with versions used by DOS). Send all reports to: (1) The contracting officer; (2) The Property Administrator; (3) The contracting officer's representative (COR); (4) Propertyreports@state.gov; (5) RM-FPRA-PROP@state.gov; (6) All individuals listed below (if any): [ contracting officer shall list individuals, if any (j) The Contractor shall cooperate by responding timely to all follow up questions and requests for supporting documentation whether requested by the Department or external auditors. (End of clause) [78 FR 76076, Dec. 16, 2013, as amended at 80 FR 6925, Feb. 9, 2015] 652.247-70 Notice of Shipments. As prescribed in 647.305-70, insert the following clause: Notice of Shipments (FEB 2015) At the time of delivery of supplies to a carrier for onward transportation, the Contractor shall give notice of prepaid shipment to the consignee establishment, and to such other persons as instructed by the Contracting Officer. If the Contractor has not received such instructions by 24 hours prior to the delivery time, the Contractor shall contact the Contracting Officer and request instructions from the Contracting Officer concerning the notice of shipment to be given. (End of clause) [53 FR 26177, July 11, 1988, as amended at 64 FR 43634, Aug. 11, 1999. Redesignated and amended at 80 FR 6924, 6925, Feb. 9, 2015] 652.247-71 Shipping Instructions. As prescribed in 647.305-71, insert the following clause: Shipping Instructions (FEB 2015) (a) Each packing box shall be of solid construction in accordance with best commercial practices and sufficiently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross grain and from knots or knotholes that interfere with nailing or that occupy more than 1/3 Weight of box and contents Minimum dimensions of lumber for struts, frame members, and single diagonal braces Up to 45 kg 19.05 × 57.15mm 46 to 113 kg 22.23 × 73.03mm 114 to 181 kg 22.23 × 98.43mm 182 to 272 kg 22.23 × 123.83mm or 25.4 × 98.43 mm (b) Each box shall be lined with waterproof paper and shall be bound with 19.05mm″ steel straps firmly stapled in position to prevent the straps from slipping off the box. Articles must be secured and braced inside the shipping container to prevent the articles from shifting. (c) Packing cases weighing 453.5kg and more must be equipped with skids. Each skid shall consist of two end sections of 50.8 × 152.4mm lumber placed flat and a center section of 50.8 × 101.6mm lumber placed flat and then arranged in line to provide 254mm forklift spaces between center and end sections. When goods are ready for shipment, the Contractor shall prepare four (4) copies of a packing list, indicating the contract and, if applicable, order numbers; case number; itemized list of contents; net and gross weights in kilograms; and outside dimensions, including all clears, of each shipping container. The Contractor shall provide three (3) copies of the packing list to the U.S. Despatch Agent as specified in the contract or order. The Contractor shall place the fourth copy of the packing list in packing case number one, which shall be marked as such so that it is easily identified by the consignee. Upon receipt of the packing list, the Despatch Agent will furnish export marks and instructions regarding shipment to the port specified, depending upon steamer services available at the time. (d) The export marks shall be stenciled on one side of each box reserved for that purpose, and the appropriate case number stenciled in the lower left-hand corner of the same side. The contract and, as necessary, order numbers, net and gross weights in kilograms shall be stenciled on the same side. However, if the size of the box is too small to accommodate all stenciling on one side, the contract and order numbers and weights may be stenciled on the side opposite that used for the export marks and case number. (e) The contract and, as necessary, order numbers must appear on all containers and papers relating to this clause. (End of clause) [53 FR 26177, July 11, 1988; 53 FR 36462, Sept. 20, 1988, as amended at 59 FR 66772, Dec. 28, 1994; 64 FR 43634, Aug. 11, 1999. Redesignated and amended at 80 FR 6924, 6925, Feb. 9, 2015]

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