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Lome, Togo Date: September 20, 2021 Dear Prospective Offerors, SUBJECT: Request for Quotations for Fuel Dispenser and Fuel Management System Enclosed is a Request for Quotations for:

• One Vehicular Fuel Dispenser: Diesel/Gasoline

• An Electronic Fuel Management System for Vehicular Fuel Dispensing

• The installation of the Fuel Management System at Project Site The U.S. Government intends to award a purchase order to the responsible Bidder submitting an acceptable quotation at the lowest price. We intend to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so. Please submit your quotation by email at LomeProcurement@state.gov on or before 12:00 September 24, 2021. Oral quotation will not be accepted.

Sincerely, Robert Villar Contracting Office

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SECTION 1 – SUPPLIES/SERVICES

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT The Contractor shall provide, deliver, and install a vehicular fuel dispenser and an electronic fuel management system to the U.S. Embassy Lome, Togo in accordance with this solicitation. The Contractor shall train Government maintenance personnel at project site on procedures and schedules for starting and stopping, operating, troubleshooting, servicing, and maintaining equipment and schedules as described in this solicitation. The contract type will be a firm fixed price contract payable in US Dollars. No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The contract price will not be adjusted due to fluctuations in currency exchange rates. The fixed price will include all work, including furnishing all labor, materials, equipment, and services, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit, unless otherwise specified. PART 1 - GENERAL 1.1 SUMMARY

A. Provide vehicular fuel dispensing equipment.

B. Related Sections include the following:

1. Section 335617 “Underground Fuel Storage Tanks and Distribution.” 1.2 REFERENCE STANDARDS

A. National Fire Protection Association (NFPA) 30: Flammable and Combustible Liquids Code and NFPA 31: Standard for the Installation of Oil Burning Equipment.

1.3 SYSTEM REQUIREMENTS

A. Fuel dispensing equipment shall conform to Chapter 13 of the OBO Mechanical Code (International Mechanical Code as amended by OBO).

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1.4 SUBMITTALS

A. Product Data: For the following:

1. Vehicular fuel dispensers and fuel management system.

B. Shop Drawings: Submit shop drawings for the following:

1. Dispensers: Include elevation view of dispenser and dispenser containment sump. Identify all component connections, including for piping, power, and monitoring.

2. Fuel Management System: Include details for fuel island terminal with pump control terminal, and wiring diagram for dispenser pump controls and monitoring system.

C. Qualification Data: For manufacturer and installer.

D. Field Report: For start-up service recording inspections and results of tests.

E. Installation Instructions and Checklists: Include Manufacturer’s installation instructions for fuel dispensers and fuel management system.

F. Maintenance Data: For vehicular fuel dispensing system, include list showing recommended maintenance frequency for system components.

1. Provide spare parts lists required for each element of fuel system.

1.5 QUALITY ASSURANCE

A. Basis of Design: This Section identifies “Basis of Design” for various equipment and components. Other products from the identified manufacturer or other manufacturers are acceptable which conform to requirements of this Section.

<OBO STANDARD DRAWING INDICATION OF SIZE, PROFILE, AND

DIMENSIONAL REQUIREMENTS OF EQUIPMENT AND ACCESSORIES RELATED TO THIS SECTION ARE BASED UPON MODELS

IDENTIFIED AS “BASIS OF DESIGN’ IN THIS SECTION. ADJUST DRAWINGS TO REFLECT SELECTED COMPARABLE PRODUCTS.>

B. Comply with the OBO Electrical Code (NFPA 70, “National Electrical Code” as amended by OBO).

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C. Listing and Labeling: Provide voltage regulators specified in this Section that are listed and labeled. Terms "Listed" and "Labeled" shall be as defined in Article 100 of NFPA 70. Listing and Labeling Agency Qualifications: "Nationally Recognized Testing Laboratory" as defined in OSHA Regulation 1910.7.

1. Vehicle Fuel Dispensers:

a. Dispenser Sump: UL Listed.

b. Electronic Fuel Management System: UL Listed, with manufacture conducted in prescribed manner within conditions controlled by ISO (9001) Certified Quality System.

D. Manufacturer Qualifications: Manufacturers shall have produced similar systems for at least the past ten years.

E. Installer Qualifications: Installers who have been trained and certified by manufacturer for installation of systems required for this project.

1.6 WARRANTY

A. General: Manufacturer’s standard form in which manufacturer agrees to repair or replace components that fail in materials or workmanship within specified warranty period.

B. Electronic Fuel Management System for Vehicular Fuel Dispensing:

1. Warrant functionality of read/write keys. Provide technical support via telephone for diagnostics and assistance.

a. Warranty Period: Five years.

PART 2 - PRODUCTS 2.1 VEHICULAR FUEL DISPENSERS

A. Basis of design: Basis is one of the following from Bennett Fleetmaster based upon product and hose indicated on Drawings:

1. Single Product, Single Hose: 3111SNR-68 UL listed remote dispenser. 2. Single Product, Dual Hoses: 3112SNS-21. 3. Dual Product, Dual Hoses: 3122SRR-27.

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B. Description: Fuel dispenser for commercial and industrial applications, ready to operate with card and key-lock systems.

C. Features:

1. Electronic Totalizer; 7,571,000 liters. 2. Pumping Unit with Vortex Air Eliminator: 14 GPM nominal flow rate, 1/3 HP intermittent duty motor, 115/230V, 60/50 Hz. 3. Four-piston meter. 4. Electric and manual resets. 5. 25 mm (1 inch) diameter hose outlet with reducer, 19 mm (¾ inch) by 3.7 m (12 foot) long hose. 6. Sturdy hose hanger hook. 7. Field wiring terminal strip in ballast box. 8. Clear acrylic dial face inserts. 9. Brushed stainless steel top and sides. 10. White dial face covers. 11. Lighted dial face. 12. Stainless steel lower doors. 13. Internal 10:1 gallon pulser. 14. Satellite internal pipe connection. 15. Field installed hose retriever. 16. Diesel Fuel Nozzle: OPW 11A, or approved equal, 19 mm by 19 mm (¾ inch by ¾ inch) swivel. 17. Unleaded Fuel Vapor Recovery Type Nozzle:

a. Basis of Design: Heally 800-02G3FS with 18 mm by 19 mm (3/4 inch by ¾ inch) swivel.

18. Hose Breakaway: OPW #66 with 230 mm (9 inch) whip hose, or approved equal; 19. Safety Valve: EBW 38 mm (1½ inch) double poppet, or approved equal. Cast iron zincplated body and adapter; UL listed, conforms to NFPA 30A. Valve shall automatically shut-off in event of a fire or impact. 20. Provide FRP dispenser sump with stabilizer bars, 762 to 1067 mm depth as required.

a. Basis of Design: OPW-FCS dispenser sump.

21. Provide “emergency stop” button to facilitate immediate termination of fueling in case of emergency.

2.2 ELECTRONIC FUEL MANAGEMENT SYSTEM FOR VEHICULAR FUEL DISPENSING

A. Basis Of Design, subject to compliance with requirements of this Section:

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1. Petro Vend System2, with Chipkey Option. 2. Syntech-Fuelmaster with key activation.

B. General:

1. Manufacture system using current microprocessor technology. 2. Design system to offer wide variety of operational modes and to provide maximum versatility without special programming or engineering changes. Provide ease and economy of expansion. 3. System shall be capable of operating as stand-alone fuel management system. It shall have capacity of interfacing with variety of data processing equipment. Data processing equipment may be located on-site or remotely. In remote mode, all commands and functions normally performed on-site through local data terminal shall be executable remotely. 4. System shall also comply with local standards where applicable, as well as applicable Federal Communications Commission (FCC) requirements. 5. System shall provide self-test and diagnostic utilities for start-up and troubleshooting.

C. System Overview:

1. Purpose of system is to control dispensing equipment and provide accurate accounting of all fuel and related products being dispensed. 2. System shall record data for each transaction in non-volatile memory and on journal printer. 3. System shall have capability of user access by one of the following: Magnetic stripe card, hole-punched (optically coded) card, multi-programmable memory key, and manual entry of numbers via keyboard.

a. References to cards or card users in this Section shall be interpreted to include any of these listed access methods.

4. Access to products shall be restricted to people holding valid cards and who perform predetermined series of data entry operations. 5. Internal electronic file shall hold data for each card. 6. Authorized operator shall be able to check and change system operating parameters, as well as card and account data. 7. All system commands shall be menu-driven with on-screen "help" support for explanation of all functions. Single line command mode should also be available.

D. System Components:

1. Contain fuel island terminal (FIT) in weatherproof cabinet. Provide pedestal for mounting FIT. FIT shall include the following features:

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a. Easy-to-read, back-lit, 2 line x 16 character, alphanumeric liquid crystal display (LCD).

1) Display shall be readable in bright sunlight. 2) System shall also be capable of being optionally equipped with 75 mm x125 mm (3 inch x 5 inch) backlit graphic liquid crystal display (LCD). 3) I line x 40 character display shall also be available.

b. 12-key metal keyboard with audible (tone) and tactile (keys move when pressed) feedback. c. "Emergency stop" button to facilitate immediate termination of fueling in case of emergency. d. Each Fuel Island Terminal (FIT) shall be able to house up to 8 relays (1 per hose). Each FIT shall be able to selectively access up to 32 hoses controlled by otherFITS. e. Fuel Island Terminal (FIT) shall have capability of being equipped with 2 different card/key reading devices to facilitate combination of cards and keys. Any combination of the following devices shall be available:

1) Push/pull magnetic card reader.

2) Motorized magnetic card reader. 3) Optical card (hole-punched) reader. 4) Multi-programmable read/write key reader.

f. Fuel Island Terminal (FIT) shall be capable of being equipped with internal receipt printer. Receipt printer shall use plain paper and have integral paper cutter.

2. Fuel Site Controller (FSC) shall have capacity to connect up to 4 FIT units. Fully expanded system shall be able to control 32 hoses simultaneously. Both mechanical and electronic pumps shall be controllable by system.

3. Communication protocol between FSC and the FIT's shall be RS485. Maximum wiring distance between the FSC and any FIT shall be 5000 feet. 4. System shall have two RS/232 ports for communication. One shall be used to directly interface to an ASCII terminal, personal computer or mainframe computer, which is capable of performing ASCII communication. One of these devices shall be required to configure the system and generate reports.

5. System shall have 5 x 9 pin dot-matrix bi-directional journal printer which shall be located near FSC to make hard copies of transaction data and reports. Printer shall be capable of operating at 180 cps (characters per second). Printer shall use standard 216 mm x 280 mm (8 1/2 inch x 11 inch) pin-feed paper and be capable of printing on 1, 2, or 3 part paper. System shall be capable of operation with or without journal printer.

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E. System Capabilities and Features:

1. Card/Key File Memory: System's memory shall be flexible to maximize amount of card records and transaction records that can be stored, based on data stored for each card record. System shall allow operator to determine what data is stored for each card record. There shall be 3 incremental memory upgrades to increase amount of storage from standard configuration of 256 Kbytes to maximum of 2 Megabytes. Table 2.2 indicates typical ranges for card record and transaction record storage for each of memory configurations:

TABLE 2.2

CARD/KEY FILE MEMORY

MEMORY SIZE

NO. OF TRANSACTIONS

NO. OF CARDS MIN. DATA/CARD

NO. OF CARDS MAX. DATA/CARD

256 K 100 1,000

11,197 6,397

3,149 1,799

512 K 100 2,000

25,761 12,961

7,245 3,645

1MB 100 5,000

54,888 28,754

15,437 8,087

2MB 100 10,000

113,142 60,342

31,821 16,991

2. System shall be capable of storing the following data for each card record:

a. Card/Key Number: 19 digits. b. Card/Key Type: Single, Driver, Vehicle. c. Status: Valid or Invalid. d. Account Number: O - 9999. e. Expiration Date: NW/DD/YY. f. Monthly Allocation: $NNNNNN.NN. g. Daily Allocation: $NNNNNN.NN. h. Misc. Keyboard Entry: Off/On. i. Personal Identification Number (PIN): O - 6 digits. j. Current Odometer: 6 digits. k. Odometer Reasonability Code: Up to 15 different levels. l. Pump Restriction: Up to 15 different levels. m. Quantity Restriction Level: Up to 15 different levels. n. Driver Name: 9 characters. o. Language Code: 1 digit. p. Warning Odometer: 6 digits. q. No Fuel Odometer: 6 digits. r. Daily Limit: 1 digit.

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s. Upper and Lower Range: 2 digits, 4 total. t. Method: 1 digit. u. Card Medium and ChipKey Modification Flags: 8 digits.

3. Account File Memory: System shall have capacity to store 10,000 account records. Each record shall contain:

a. Account Number: O - 9999. b. Status: Valid or Invalid. c. Account Discount: O - 99 percent. d. Expiration Date: MMOD/YY. e. Monthly Allocation: $NNNNNN.NN. f. Daily Allocation: $NNNNNN.NN. g. Quantity Restriction Level: Up to 15 different levels. h. Pump Restriction: Up to 15 different levels. i. Account Name: 9 characters.

4. Transaction Memory: System shall have capacity to store transactions in non-volatile RAM. See Table 2.10, “Card/Key File Memory” for capacities. Each transaction shall contain:

a. Sequential Transaction Number. b. Transaction Termination Code (e.g., Normal, Quantity Restriction). c. Account Name. d. Driver Card Number. e. Vehicle Card Number (omitted for single card transactions). f. Date and Time. g. Fuel Type. h. Pump Number. i. Quantity Dispensed. j. Unit Price. k. Total Transaction Extended Monetary Amount. l. Odometer Entry. m. Misc. Keyboard Number. n. Consumption Factor: Miles per Gallon or Liters/100km. o. Receipt Status: Issued/Not Issued.

5. Fuel Type (Product) Identification: Operator shall be able to specify and store price and description of up to 16 products. 6. Miscellaneous Entry Field Capacity: System shall be capable of recording a field of up to 10 digits entered at keyboard by user. 7. Clock/Calendar: System shall keep accurate accounting time and date, even in event of power failure. Date and time formats shall be user selectable (i.e., 12/24 hr, MMM/DD or DD/MMM). System shall be able to automatically correct for daylight savings time.

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8. Fuel Type Restriction: Operator shall be able create table of up to 15 combinations, or levels, of authorized products. Operator shall then be able to assign level number to each individual user or account group. 9. Quantity Restriction: Operator shall be able to create a table of 15 quantity restriction levels. Operator shall then be able to assign level number to each individual user or account group to limit amount of fuel dispensed for each transaction. Restriction shall be by either quantity or monetary value. 10. Open/Close: System shall have capability of being placed in either "Open" or "Closed" mode by authorized personnel. Fueling shall not be allowed in "Closed" mode. 11. Single or Dual Card/Key Operation: Operator shall be able to program system for cardless (manual entry via keyboard), single and/or dual card/key operation. 12. Personal Identification Numbers (PIN): System shall have ability to recognize and verify up to 6-digit Personal Identification Number (PIN) when entered at Fuel Island Terminal. The system shall be able to invalidate a card after 3 consecutive incorrect PIN entries. Operator shall have choice of methods to select PIN's for each individual user:

a. Individually program PIN number for each user. b. Automatically generate random PIN number.

13. Pump Configuration: Operator shall be able to program and store up to 32 operating parameters for each hose position. These parameters shall include:

a. Pump Number: A pump number from 0 - 99 to be assigned to any available relay position. b. Fuel Type Number: Fuel Type number (1 - 16) and operator-selectable description of product being dispensed by pump. c. Tank Number: Tank number (1 - 8) to be used by inventory program. d. Quantity of Fuel per Transaction Limit. e. Total Transaction Time-Out: System shall be able to monitor total transaction

time, programmable for each hose between 1 - 999 seconds (entry of 'O' shall allow unlimited time). System shall turn off the pump if that time is exceeded.

f. Pump Handle Time-Out: System shall monitor time between authorization and activation of pump handle, which is programmable for each hose between I - 999 seconds (entry of 'O' shall allow unlimited time). If device is selected but pump handle not activated by user before end of this period, transaction shall be terminated. g. First Pulse Time-Out: System shall monitor time between activation of pump handle and receipt of first pulse, which is programmable for each hose between I - 999 seconds (entry of 'O' shall allow unlimited time). Transaction shall be terminated if that time exceeds programmed parameter. h. Missing Pulse Detector (MPD) Time-Out: Missing Pulse Detector" (MPD) shall be built into circuit controlling each pump so that all power shall be removed from pump if pulses indicating fuel flow are not received at regular intervals. Length of

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acceptable interval between pulses shall be 'programmable for each hose between 1- 999 seconds (entry of 'O' shall allow unlimited time). i. Pulser Divide Rate: Operator shall be able to program system to assign 1 - 9999 pulses per unit of fuel measure. j. Pump Deactivation Sentry: Operator shall be able to program the system to automatically place pump "out of service" after 3 consecutive "zero quantity" fueling transactions occurring from that pump (zero quantity transactions may be indication of pump or pulser hardware failure). "Out of service", or other operator defined message, pump shall be indicated on Fuel Island Terminal (FIT) display. System shall have flexibility to disable this function for one or more particular pumps. k. Messaging: System shall have capability of displaying up to 100 different, operator-defined messages at Fuel Island Terminal (and printed on receipt) for specific Card/Key or Account numbers. System shall have capability to automatically clear messages after operator-determined time period.

14. Card/Key Status: System shall have capacity to allow driver and vehicle cards/keys to be declared valid or invalid by authorized personnel. 15. Site Name: System shall have provision to program 12 character site name into memory. This is used when system is accessed by modem. 16. Pump and Product Totals: System shall have capacity to accumulate individual pump and product totals as well as track each pump totalizer. Operator shall be able to enter initial pump totalizer number into system for each pump. This number will be incremented by system when product is dispensed, and can be checked against pump's totalizer to determine accuracy and working status of pulser. 17. Inventory Control: Operator shall be able to program into system memory up to 8 tank inventory balances. Inventory balance for each product shall be reduced automatically as each fueling transaction occurs. Operator shall be able to change this number to accommodate fuel deliveries. System shall be capable of 'displaying, on demand, current inventory amount for each individual tank. 18. Manual Operation: Operator shall have ability to place pumps in "manual" mode, allowing manual operation of pumps (without entering rare ID). This shall be done directly through programming terminal, or remotely by modem. 19. Display Prompts: Fuel Island Terminal display prompts shall be programmable by operator. System shall use set of standard default prompts at start-up. 20. Dual Language: System shall have capability of storing 2 sets of Fuel Island Terminal (FIT) display messages in 2 different languages or 2 separate sets of display prompts (e.g., “Enter Odom” as opposed to “Enter Hubmeter”). When card/key is read, system shall display all messages in correct language for that user. 21. Password: Operator shall be able to program a 6-character, alphanumeric password that must be entered correctly to gain access to system either directly or via phone. 22. Pump Handle Monitor: System shall monitor the pump handle to ensure that it was turned to "OFF" (reset) position before pump can be reactivated. Operator shall be able to disable this feature.

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23. Pass-through Communications Port: System shall have capability of passing modem communications through to another RS/232 device. 24. Memory Key Report Features: Memory Key shall:

a. Be read/write device. b. Be made of highly durable plastic, able to withstand daily usage and handling. c. Be static-resistant. d. Have several methods of responding to incorrect odometer or hour readings. e. Have ability to be coded for minimum odometer or hour entry. f. Have ability to be coded for maximum odometer or hour entry. g. Have ability to be encoded a minimum of 10,000 times. h. Contain last correct odometer entry and shall have ability to download odometer entry to any key reader. i. Have ability to be programmed with warning odometer for servicing purposes. j. Have ability for "no fuel" odometer to prevent vehicle from not being serviced.

25. Memory Key with Multi-Site Odometer Reasonability: System shall have capability of storing last odometer reading into memory key. Using stored reading, system shall determine if current entry is "reasonable" (within specified range) before allowing access to fuel. Memory Key shall also log number of unreasonable odometer entries and number of transactions per day. System shall also have ability to prompt fuelers with service warnings and to prevent fueling when odometer entries meet or exceed programmed levels. System shall check for lower and upper value for odometer reasonability range. System shall allow for 5 different methods of odometer response to three sequential incorrect entries. If two or three bad odometer entries are same, current odometer entry shall be printed in odometer field and odometer value in Memory Key shall be updated. Bad entry counter shall be automatically reset to zero after good odometer entry.

a. Method 0: Method 0 shall be "bypass". All odometer entries are defined by system as reasonable. Fueling shall always be allowed. b. Method 1: This shall be most restrictive method. After three bad odometer entries, Memory Key shall be invalidated and fueling disallowed for user. System shall not recognize invalidated Memory Key until it is reset (reprogrammed). c. Method 2: Second method shall log unreasonable odometer entries in same ways as Method 1. After third bad entry, Memory Key shall be flagged on report and on transaction receipt by printing '< < <' in odometer field. Fueling shall be allowed but only for entire current transaction. d. Method 3: Method 3 shall always allow fueling, and bad entries shall be logged in two ways. If all three bad entries are different, transaction is flagged on transaction receipt and on report by printing '===' in odometer field. Odometer reading stored in Memory Key shall not be updated, but bad entry log in Memory Key shall be reset to zero. User must enter three more bad odometer readings for his transaction to be flagged again. If two or three of bad entries are same, '> > >'

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shall be printed in odometer field and odometer value in Memory Key shall be updated. e. Method 4: Method 4 shall log bad entries in two ways. Fueling shall always be allowed. If all three bad entries are different, transaction shall be flagged on transaction receipt and on report by printing '= = =' in odometer field. Odometer reading stored in Memory Key shall not be updated, but bad entry log in Memory Key shall be reset to zero. User shall be required to enter three or more bad readings for his transaction to be flagged again.

26. Account Group Discount: System shall have capability to assign discount, either in percent (O - 99 percent) or in cents per gallon/liter to each account. That discount shall be reflected on price of each transaction.

27. Memory Key Encoding Method: FIT shall be able to encode Memory Key in 2 methods.

a. Method 1: By authorized user placing FIT into manual encoding mode. This mode utilizes keyboard to program all or any of Memory Key fields. b. Method 2: FIT shall be able to automatically reprogram Memory Key (with on-site or remotely downloaded data) when key is inserted (e.g., new time for service or warning odometer message).

F. Vehicular Fuel Dispensing System Reporting:

1. System shall have capability to generate reports. Operator shall be able to access these reports on-demand via data terminal. System shall be able to display or print report data at user's discretion. 2. System Information Reports:

a. System Status Report b. Fuel Island Terminal (FIT) Status c. Pump Configuration Data d. Transaction Data Report e. Card/Key Information Report f. Account Information Report g. Pump Totals and Totalizers Report h. Inventory Report i. Product Totals Report

PART 3 – EXECUTION 3.1 GENERAL

A. Install dispensing equipment, including accessories as indicated on Drawings.

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1. Verify location of equipment conforms to requirements of Chapter 13 of the OBO Mechanical Code.

2. Install wiring in conduit with long radius bends at all changes in direction. Comply with Division 26 requirements for conduit.

3.2 VEHICULAR FUEL DISPENSERS INSTALLATION

A. Install Fuel dispensers with dispenser sumps according to manufacturer's written instructions.

3.3 ELECTRONIC FUEL MANAGEMENT SYSTEM INSTALLATION FOR VEHICULAR FUEL

A. Fuel Island Terminal: Install fuel island terminal system in accordance with manufacturer’s installation details.

B. Install Electronic fuel Management System in accordance with manufacturer's written instructions.

3.4 START-UP SERVICE

A. Engage manufacturer’s factory certified technician to perform start-up service. Start-up service shall be provided for Electronic Fuel Management Systems (for vehicular fuel dispensing). Notify Project Director/COR 14 days in advance of performing startup field testing.

1. Inspect field-assembled components and electrical connections for proper assemblies, installations, and connection. 2. Complete installation and perform start-up check according to manufacturer’s written instructions. 3. Verify that installation complies with Construction Documents.

3.5 DEMONSTRATION

A. General:

1. Training shall be performed at project site. Schedule training with Project Director/COR with at least fourteen days advance notice. 2. Train Government maintenance personnel on procedures and schedules for starting and stopping, operating, troubleshooting, servicing, and maintaining equipment and schedules. 3. Review data in manufacturer supplied maintenance manuals, and site-specific operations and maintenance plan,

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B. Electronic Fuel Management System for Vehicular Fuel Dispensing:

1. Minimum of eight hours of on-site training, provided by fuel management system supplier, for operators and supervisors of fuel island management units and related software.

a. Review system controls. b. Provide minimum of four additional hours training for users of software system, either on-site or online. Review use and maintenance of system software.

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SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) is incorporated by reference.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (JUL 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

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__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE

2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery

and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting

with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN

2020) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (OCT 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a). __ (ii) Alternate I (MAR 2020) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4. __ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). __ (ii) Alternate I (MAR 2020) of 52.219-6. __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). __ (ii) Alternate I (MAR 2020) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)). __ (17)

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(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (NOV 2016) of 52.219-9. __ (iii) Alternate II (NOV 2016) of 52.219-9. __ (iv) Alternate III (JUN 2020) of 52.219-9. __ (v) Alternate IV (JUN 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (MAR 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (MAR

2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (MAR 2020) (15 U.S.C. 657f). __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to,

Economically Disadvantaged Women-Owned Small Business Concerns (MAR

2020) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)). __ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). __ (ii) Alternate I (FEB 1999) of 52.222-26. _X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). __ (ii) Alternate I (JUL 2014) of 52.222-35. _X_ (32)

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(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793). __ (ii) Alternate I (JUL 2014) of 52.222-36. _X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020)

(38 U.S.C. 4212). __ (34) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496). _X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627). __ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627). __ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive

Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

_X_ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514). __ (ii) Alternate I (OCT 2015) of 52.223-13. __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423

and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b). _X_ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (JUN 2014) of 52.223-16.

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_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

(JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3. __ (iii) Alternate II (JAN 2021) of 52.225-3. __ (iv) Alternate III (JAN 2021) of 52.225-3. __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et

seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB

2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) . _X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial

Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) (31 U.S.C. 3332). __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System

for Award Management (Jul 2013) (31 U.S.C. 3332). __ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)). _X_ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __ (ii) Alternate I (APR 2003) of 52.247-64. __ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG

2018) (41 U.S.C. chapter67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY

2014) (41 U.S.C. chapter 67). __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN

2017) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101,

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on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL

2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG

2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY

2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN

2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Add the following clause in full text:

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52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

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(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the 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 clauses. The following Federal Acquisition Regulations (FAR) clauses are incorporated by reference: CLAUSE TITLE AND DATE 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020) 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000) 52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013) 52.236-13 ACCIDENT PREVENTION (NOV 1991) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2021)

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The following FAR clause(s) is/are provided in full text: 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (AUGUST 2012) (DEVIATION) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

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(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Trade style, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database;

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(B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through http://www.acquisition.gov/or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause) The following DOSAR clause(s) is/are provided in full text: 652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE (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:

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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)

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

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

(b) Invoice Submission. The Contractor shall submit invoices in an original and two copies to the following office for payment:

US EMBASSY LOME TOGO ATTN: FINANCIAL MANAGEMENT OFFICE DEPARTMENT OF STATE 2300 LOME PLACE WASHINGTON DC, 20521

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

652.236-70 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. If the project contains any of the following high-risk activities, the contractor shall follow the section in the latest edition, as of the date of the solicitation, of the

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U.S. Army Corps of Engineers Safety and Health manual, EM 385-1-1, that corresponds to the high risk activity. Before work may proceed, the contractor must obtain approval from the COR of the written safety plan required by FAR 52.236-13, Accident Prevention Alternate I (see paragraph (f) below), containing specific hazard mitigation and control techniques.

(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. The contractor and all subcontractors shall comply with the latest edition of the U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-1 requirements are applicable, and the accepted contractor’s written safety program. (c) Mishap Reporting. The contractor is required to report immediately all mishaps to the COR and the contracting officer. A “mishap” is any event causing injury, disease or illness, death, material loss or property damage, or incident causing environmental contamination. The mishap

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reporting requirement shall include fires, explosions, hazardous materials contamination, and other similar incidents that may threaten people, property, and equipment. (d) Records. The contractor shall maintain an accurate record on all mishaps incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The contractor shall report this data in the manner prescribed by the contracting officer. (e) Subcontracts. The contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. (f) Written program. The plan required by paragraph (f)(1) of the clause entitled “Accident Prevention Alternate I” shall be known as the Site Safety and Health Plan (SSHP) and shall address any activities listed in paragraph (a) of this clause, or as otherwise required by the contracting officer/COR.

(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) 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) (a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

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(b) The COR for this contract is the Electrical Automation Technician. 652.242-73 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.

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.