United States Department of State Washington, D.C. 20520 July 30, 2018 Case No. F-20 17-05742 Segments: A/LM/AQM/000 1 L Mr. Patrick Malone Center for Public Integrity 910 17th Street, N.W., 7th Floor Washington, DC 20006-2606 Dear Mr. Malone In response to your request dated March 1 0, 20 1 7 under the i«p (the “FOIA”^ s 1 1 e r x ^ , ’ ,aerine freedom of Information Act your reouest if ' haS located four d°cu™"‘s responsive to aZ qT U h , determ,ned three documents may be released in full and one document may be released in part. Aji enclosure explains the FOIA exemptions and other grounds for withholding material wf har,e made ex~ applicable FOIA exemptions are markeTon the Ak" non',exemPt material that is reasonably segregable from the exempt material has been released. All released material is enclosed P it^l may ” Ben'0n Pe,erson' Assistam US- action nu'mber °i8-cv"o 1 of in af o “ “ ?* caseunUmber- F-201 7-05742, and the civil er’ 16 CVU1U81» ln all correspondence about this case. Sincerely, Eric F. Stein, Director Office of Information Programs and Services Enclosures: As stated. The Freedom of Information Act (5 USC 552) FOIA Exemptions (b)(1) Information specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Executive Order 13526 includes the following classification categories: 1.4(a) Military plans, systems, or operations 1 .4(b) Foreign government information 1.4(c) Intelligence activities, sources or methods, or cryptology 1.4(d) Foreign relations or foreign activities of the US, including confidential sources 1 .4(e) Scientific, technological, or economic matters relating to national security, including defense against transnational terrorism 1.4(f) U.S. Government programs for safeguarding nuclear materials or facilities 1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism 1.4(h) Weapons of mass destruction (b)(2) Related solely to the internal personnel rules and practices of an agency (b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example: ARMSEXP Arms Export Control Act, 50a USC 241 1(c) CIA PERS/ORG Central Intelligence Agency Act of 1949, 50 USC 403(g) EXPORT CONTROL Export Administration Act of 1979, 50 USC App. Sec. 241 1(c) FS ACT Foreign Service Act of 1980, 22 USC 4004 INA Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f) IRAN Iran Claims Settlement Act, Public Law 99-99, Sec. 505 (b)(4) Trade secrets and confidential commercial or financial information (b)(5) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege, or attorney work product (b)(6) Personal privacy information (b)(7) Law enforcement information whose disclosure would: (A) interfere with enforcement proceedings (B) deprive a person of a fair trial (C) constitute an unwarranted invasion of personal privacy (D) disclose confidential sources (E) disclose investigation techniques (F) endanger life or physical safety of an individual (b)(8) Prepared by or for a government agency regulating or supervising financial institutions (b)(9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the requester C06612646FIED U.S. Department of State Case No. F-2017-05742 Doc No C06612646 Date: 07/30/2018 Research, Strategy and Analysis U.S. Department of State Office of the Under Secretary for Public Diplomacy and Public Affairs Global Engagement Center (GEC) RELEASE IN FULL 1. Background The Global Engagement Center (GEC) was established at the direction of the President and bv Executive Order 13721. GEC coordinates, integrates, and synchronizes all U.S. government-wide communications activities directed at foreign audiences abroad to counter the messaging and dimmish the influence of international terrorist organizations, such as, but not limited to ISIL and al'Qa'ida, ' GEC serves as the primary coordination entity among all U.S. federal agencies that work to counter violent extremist messaging and provide alternative narratives in the digital space. 2. GENERAL PROGRAM DESCRIPTION AND REQUIREMENTS OVERVIEW The Global Engagement Center (GEC) has a need to collect and analyze information that would enable the GEC to understand the main methods that international terrorist organizations use to attract recruits and how to effectively discourage potential recruits from joining such organizations in various countries, as well as identifying which communication interventions would reduce the use and credibility of the Internet propaganda as well as recruitment efforts by international terrorist organizations. The Global Engagement Center (GEC) seeks contractor support which utilizes cutting-edge social science technologies, to design influence campaigns which will decrease the volume, credibility and effectiveness of ISIS recruitment propaganda as well as, decreasing the likelihood that potential recruits in the designated countries will join Da esn. The GEC has a strong commitment to data-driven analysis and we require the best available data and analysis upon which to base our communication campaigns. The United States Department of State (DoS), GEC requires contractor services to collaborate with GEC staff in order to develop communications strategies that identify interventions which would reduce the use and credibility of the Internet propaganda as well as recruitment efforts by international terrorist organizations. The contractor shall also recommend ways to measure the effectiveness of the communication campaigns that are pursued. UNCLASSIFIED U S. Department of State Case No.' F-2017-05742 Doc No. C066 12646 Date: 07/30/2018 C0661264 6FIED U.S. Department of State Case No. F-2017-05742 Doc No. C06612646 Date: 07/30/2018 i Contractor support is required by individuals who, possess knowledge and experience in the specific areas as described in this SOW t 3. Objective 1 • Audience Research and Analysis The contractor sh I conduct research and analysis using behavioral science to understand local target audiences; conduct background research and in-depth, exploratory, social-science-based interviews with people who are representative of potential recruits to international terrorist organizations in various countries, recruiters for such organizations, and other groups or audiences relevant to influencing them. The contractor shall analyze the interviews and other relevant information to isolate those factors that have the ability to change the behavior of the target audiences in ways desired by the GEC, i.e., anything that will contribute to a decreased propensity on the part of potential recruits to join international terrorist organizations and/or a decreased propensity on the part of recruiters for such organizations to spread effective recruitment messages. 3.1. The contractor shall utilize its network of expert researchers to conduct in depth, exploratory, social-science-based interviews with people who are representative of Da'esh Internet propaganda/recruitment in various countries, including, at a minimum, those countries in Europe, the former Soviet Union, and the Middle East/North Africa region that contribute the most recruits to Da'esh. 3.1.1. The contractor shall conduct not less than 25 and preferably up to 50 interviews of Da'esh Internet propaganda/recruitment operatives in the designated countries. 3.2. The contractor shall utilize its network of expert researchers to conduct in-depth, exploratory, social-science-based interviews with people who are representative of potential Da'esh recruits in various countries, including, at a minimum, those countries in Europe, the former Soviet Union, and the Middle East/North Africa region that contribute the most recruits to Da'esh. 3.2.1. The contractor shall conduct not less than 50 and preferably up to 75 interviews of people who are representative of potential Da'esh recruits in the designated countries. 3.3. The contractor shall analyze the interviews and other relevant information to isolate those factors that have the ability to change the behavior of the target audiences in ways desired by the GEC, i.e., spreading fewer and less persuasive propaganda/recruitment materials in the case of Da'esh recruiters and being less likely to respond to calls to recruitment on the part of potential Da'esh recruits. UNCLASSIFIED U.S Department of State Case No F-2017-05742 Doc No. C06612646 Date: 07/30/2018 C06612646IFIED US. Department of State Case No. F-2017-05742 Doc No. C06612646 Dale 07/30/2018 4. Objective 2 - Communication/Messaging Strategy Utilizing a scientrfic and verifiable approach, the contractor shall develop specific communication strategies that will resonate with the target audiences and lead to the desired behaviors. This includes determining which groups, messages, and messengers are capable of influencing the targeted audience(s ) The United States Department of State (DoS), GEC requires contractor services to collaborate with GEC staff m order to develop communications strategies that identify targeted interventions which would reduce the use and credibility of the Internet propaganda and recruitment efforts by international terrorist organizations. The contractor shall develop evidence-based communication strategies that will make the Internet a less reliable medium for Da'esh to use both for recruiting and disseminating disinformation. - 4.1. The contractor shall determine which groups, messages, and messengers are capable of influencing the behavior of recruiters for Da'esh and/or international terrorist organizations and ways in which they can be discouraged from spreading effective recruitment messages. 4.2. The contractor shall determine which groups, messages, and messengers are capable of influencing the decision of potential recruits against joining Da'esh or another international terrorist organization, and ways in which such groups, messages, and messengers can be mobilized. 4.3. The contractor shall produce a valid assessment framework for evaluating the effectiveness of interventions to reduce propaganda dissemination and recruitment; and ean be applied to determine success from initial data collection to final behavior changes identified in the target audiences, 4.3.1.The framework shall Include baseline data. 5. Objective 3 - Data Analytics The contractor will provide data and analysis to assess the effectiveness of the communication campaigns that have been conducted. This will include the design and development of methods to measure the effectiveness of communication campaigns that are pursued; providing baseline data; and constructing a framework for assessing which interventions are successful. 6. Objective 4 - PROJECT MANAGEMENT The United States Department of State (DoS), GEC, requires contractor services for project management to support this contract. The offeror shall provide a project management plan describing the approach, organizational resources and management controls to be employed to meet the cost and schedule requirements throughout execution of this contract. The contractor shall provide an effective labor and skill mix to accomplish all tasks, address changes in work priorities and staffing to ensure proper staffing and skill set coverage at all times; and ensure deliverable quality and timeliness. UNCLASSIFIED U S. Department of State Case No >-201 7-05742 Doc No. C06612646 Date 07/30/2018 C0661264 6HFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612646 Date: 07/30/2018 6.1. The contractor shall deliver a comprehensive implementation plan within 10 days of contract award, to include messaging campaign plan, schedule, and cost. 6.2. The contractor shall provide information, reports, and management briefings to the COR and to other staff according to the deliverables table and as requested by the COR on all aspects of the work being performed. ■8 6.3. The contractor shall provide to GEC all inputs to deliverables. Including raw data, research, and transcripts collected. 7. Deliverables Required deliverables, formats, schedule and acceptance criteria will be specified in each TO. 8. Personnel Requirements: The contractor shall provide uniquely qualified personnel who possess the special knowledge and skills required to accomplish these tasks, which include: 8.1. Expertise in a methodology that is unique in the depth of its understanding and expertise on how to collect data that Is useful in designing communication campaigns that lead to the desired behavioral change(s). 8.2. A robust, diverse, and very well-trained network of researchers that is able to operate smoothly, efficiently, and effectively in a wide array of political and geographical environments worldwide. 8.3. Substantial experience and success in collecting and analyzing information that is useful .in designing communication campaigns that lead to the desired behavioral change(s). 9. Period of Performance x | The period of performance will be for a period of 5 months from date of-award. 10. Place of Performance The contractor shall conduct its research and analysis wherever it deems best. Contractor may be asked to brief the GEC on its findings and recommendations at the offices of the U.S. Department of State, 2200 C St, NW, Washington, DC. 11. Security Requirements There is no requirement for any SCI personnel or persons employed by SCL on the project to have a U.S. security clearance. 12. Travel Requirements The briefing that will accompany de!ivery of the final report will be conducted in Washington, DC, as specified above The contractor may be asked to present interim briefings as well. UNCLASSIFIED U S Department of State Case No. F-201 7-05742 Doc No. C06612646 Date: 07/30/2018 C06612646FIED US. Department of Stale Case No. F-2017-05742 Doc No. C06812646 Date: 07/30/2018 All travel must be approved by the Contracting Officer's Representative (COR) In advance. Required travel will be funded as needed and approved by the Government, and will follow Federal Travel guidelines and allowances. i * % UNCLASSIFIED U.S. Department of State Case No. F-201 7*05742 Doc No. CO6012646 Date: 07/30/2018 C0661264 61IFIED U.S, Department of State Case No F-2017-05742 Doc No. C06612646 Date: 07/30/2018 1. Project Management 2. Deliverables 3. The contractor shall provide the following deliverables to the Government: Deliverable Format Schedule Implementation Plan MS Word Within 10 days of award Transcripts of Interviews MS Word Week 14 Analysis Framework MS Word Week 14 MOE Analysis MS Word Week 14 Draft Report & Presentation MS Word Week 17 Interim Reports MS Word Weekly Final report MS Word Approximately 18 weeks from start of contract / UNCLASSIFIED U S. Department of State Case No. F-2017-05742 Doc No. C06612646 Date: 07/30/2018 C06612648>IFIED U.S. Department of State Case No, F-201 7-05742 Doc No, C06612648 Date: 07/30/2018 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FAR 6.303-2 I . The Department of State, Office of Acquisitions Management (A/LM/AQM) proposes to enter into a contract on a basis of other than full and open competition for the Global Engagement Center (GEC), an interagency body authorized pursuant to Executive Order 13721 and housed within the Department's Under Secretariat for Public Diplomacy and Public Affairs. 2. The nature and/or description of the action being approved. RELEASE IN PART B4 The GEC seeks a contract, sole-sourced to Strategic Communication Laboratories (SCL) Group of London, UK. The POC at SCL is Nigel Oakes, Head of SCL Defense. SCL’s address is 55 New Oxford Street, London, WC1 A IBS United Kingdom. Phone: +971 -50-559- 1 250 (cell) 3. A description of the supplies or services required to meet the agency’s needs (including the total estimated value)* The contractor shall (A) collect reliable data on target audiences that would enable it to devise communication campaigns that would (I) decrease the amount and the credibility and effectiveness of ISIS recruitment propaganda and, independent of this, (2) decrease the likelihood that potential recruits in various countries will join Da’esh. The contractor shall also (B) provide GEC with information and analysis that will enable it to (1) understand the main motivators that Da’esh uses to attract recruits and how to effectively discourage potential recruits from joining Da’esh, (2) identify which interventions would (a) reduce Da’csh’s use of the Internet for propaganda and recruitment, and (b) reduce the credibility of its communications and discredit Da’esh recruitment efforts; (C) construct a framework for assessing (i.e., measuring the effectiveness of) which interventions are reducing the level and effectiveness of Da’esh ’s propaganda dissemination and recruitment efforts as well as the propensity of potential recruits to join Da’esh. The cost of these tasks shall be 5482,000,. 4. The statutory authority permitting other than full and open competition. The statutory authority permitting other than full and open competition “ 41 U,S.C.3304(a)(l) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” PP 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited. SCL has unique qualifications and special capabilities in designing influence campaigns that work. Most influence campaigns in the Countering Violent Extremism (C VE) area arc largely based on intuitive hunches or superficial research. UNCLASSIFIED U S. Department of Slate Case No. F-20 17-05742 Doc No, C06612648 Date: 07/30/2018 C06612648FIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612648 Date; 07/30/2018 This is not acceptable for the purposes of the GEC. The GEC has a strong commi taient to data-driven analysis and requires the best available data and analysis upon which to base its communication campaigns. UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612648 Date: 07/30/2018 C0661264 8JIFIED U.S. Department of State Case No F-2017-05742 Doc No. C066 12648 Date: 07/30/2018 UNCLASSIFIED U.S. Department of State Case No. F-2017-05742 Doc No. C06612648 Date 07/30/2018 C06612 64 8FIED U S. Department of State Case No. F-201 7-05742 Doc No, C06612648 Date: 07/30/2018 UNCLASSIFIED U.S. Department of State Case No F-2017-05742 Doc No. C06612648 Date: 07/30/2018 C06612 64 85IFIED U.S. Department of State Case No. F-201 7-05742 Doc No C066 12648 Date: 07/30/2018 I UNCLASSIFIED U.S. Department of State Case No F-201 7-05742 Doc No C06612648 Date 07/30/2018 C06612648 FIED US. Department of State Case No. F-2017-05742 Doc No. C06612648 Date: 07/30/2018 i UNCLASSIFIED U S Department of State Case No. F-2017-05742 Doc No. C06612648 Date: 07/30/2018 C06612648 IFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612648 Date. 07/30/2018 UNCLASSIFIED US Department of State Case No F-201 7-05742 Doc No. C06612648 Date- 07/30/2018 C0661264 8SIFIED U.s. Department of State Case No. F-20 17-05742 Doc No C06612648 Date: 07/30/2018 In sunit after six years of research and countless demonstrations by companies wishing to sell their services, the GEC is not aware of any companies that approach the sophistication and effectiveness of SCL in designing data-driven influence campaigns that demonstrably work. 6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. ' * Since its predecessor organization, the Center for Strategic Counterterrorism Communications, was created in 2010, the CSCC/GEC have been searching for ways to design effective communications campaign that will lead to diminished recruitment to terrorist groups like al-Qa’ida or Da’esh. A notification was not and should not be posted io FBO due to the sensitivity of this work. GEC docs not want to alert al-Qa’ida or other terrorist organizations of our counterterrorism efforts in accordance with FAR 5.202(a)(1) and 6.305(f) “posting the justification would disclose the executive agency’s needs and disclosure of such needs would compromise national security or create other security risks.” The GEC wishes to enter into a contract with SCL. A pursuant Statement of Work has been prepared. 7. A determination by the contracting officer that the anticipated cost (including the cost of options) to the Government will be fair and reasonable. * t The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on an estimate of the amount of time needed for the required actions specified in the Statement of Work and a comparison with the costs of previous contracts executed by SCL for work of a similar scope. 8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted. After six years of market research and countless demonstrations by companies wishing to sell their services, the GEC has not been able to find any organization that possesses the sophistication, effectiveness, and capability to design data-driven influence campaigns that work anywhere near as well as SCL. 9. Any other facts supporting the use of other than full and open competition, such as: i UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612648 Date 07/30/2018 C06612648IFIED U.S Department of State Case No. F 2017-05742 Doc No C06612648 Date: 07/30/2018 The GEC has developed a Statement of Work for this project, based on our best understanding of the research and analysis tasks that are necessary to design effective influence campaigns, * 10. A listing of any sources that expressed a written interest in the acquisition. N/A 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition, before any subsequent acquisition for the supplies or services are required. ur £SPi?t!-,0n 'SLn0t Planned 31,(1 3 sole so*“« requirement is contemplated, as the GEC believes, based on six years of market research, that there are no other companies (hat can compete with SCL in gathering the necessary data and analyzing it in a way that permits the design of effective, data-driven influence campaigns CONTRACTING OFFICER: Anthony p. Wetfey Contracting Officer a/lm/aqm/ip/gpb L/BA REVIEW: t LJ.ga; Dennis Gallagher a Assistant Legal Advisor L/BA A/LM/AQM APPROVAL: A/LM/AQM/IP/GPB DATE:, /z /?//<£ DATE: / / - / 2 ?OfC DATE: I f UNCLASSIFIED U S. Department of State Case No. F-201 7-05742 Doc No, C066 12648 Date: 07/30/2018 CO 66126 5 OSIFIED U S. Department of state Case No. F-2017-05742 Doc No. C066 12650 Date: 07/30/2018 Z./UIEN M001 AMENDMENT OF SOUCITATION US DEPARTMENT OF STATE 1B" ARLINGTON, VA 22219 ArwfionyC. WtsJty TEL •sCLGSouPtflSlfl^ 08A: SCL 33 ST. JAMES'S SQUARE LONDON SW1Y4JS UNITED KINGDOM cope 347100443 email WllWItfll (MS DMOM) IMWtfCMlI PO BOX 9115, ROSSLYN STATION US DEPARTMENT OF STATE ARLINGTON, VA 22219 RELEASE IN FULL FACILITY CODE 99 100 owi 347100443 (XI 8A. AMENDMENT Of SCUCiIaIiQN i •B. DATED {SEE TOM 11j IflA. UOOCFlCATTOM Of CONTRACT* X SAGMMA17C0115 >CB, DATED {SEE TOM 13} 02/15/2017 I U not titrate Th**^tiiigmo*r«lMiie«*9aRtii!iteR3M*ll4ltofftinltom l*,T>wfwrindejii»p«i«ior/«a^piBfOtera “ il)nrt ara^^^i^x!rsa«?Asss!B^S^”“K^»«ss»issssiwii» U ACCOWTWIO AMO APPROPRIATION DATA (if <««*«> 1900-2017-2018- 19_7801 1300CP - IIP - 1096 - 01 1412 - 2101 - 2589 - BPFLS001 - 2017 , S260.232.00 fl MODIFIES THE CONTRACT/ORDER NO- AS OESCRIBEO IN ITEM14 13. THIS ITEM ONLY MODlrl r*I:r*TLFT.W TriTd FORTH in TOM 14 PURSUANT TO TMC AUTHORITY OF FAR 43. OJjtf '(I^TlUfiintfiin gtji'ig (ffiet.'i^vprcRMlTtK.ttST C THSSt EMig^TT* - .l.v r rrrTTr 10 AUmtWfTY Of : ■on end t Unilateral * Funding Action Only E IMPORTANT: Cffimr ** MQtiml to •Jgn cm Romnt end return irmr H 'iiffiiinur^otlko. *■ MQtfSng icwttjtttftid tufljid The purpose of this modification is lo fully fund all CLINs. As a result, the total contract funding increased by 5260,232 00 from 5236,000.00 to $496,232.00. Emeol m proofed herein, A hmt jnri ffwjfan of (A# dMxneil liA. NAME AND T77t£ Qf SIGNER (Type or print) ' - I TSB. CCWTRACTOWOfWROR tntetTigAoriaA,Mf>ifl3Ci»a j 1SV NAME ANOTTTIE Of CCWT3ACTlllfr^ RCER (Type cFp»*v) t5C.DATES«JNE0 16B UNflftrSfATprfoE-tf&^c’ r 1 H ’ pfton tufftemed to L>c "3N754rmcnts@s‘ate-K°v. «nta» otherwise indicated. Each invoice must be transmitted To institute a proper invoice, the invoice must include the following information and/or attached documents. (1 ) Name and Address of the Contractor (2) Dun and Bradstrtet Universal Number System (DUNSt (3) Date of invoice NUnSeI;?Ur Fin“c’al Sy«etn cannot accept the following characters: @ (at (5) Remittance Contact Information (6) Shipping Terras, Ship to Address (7) Payment Terms (8) Total Quantity of Items (9) Total Invoice Amount m ! n!3Uif UOn Nun,ber’Contract Nurabcr wd Order/Award Number, with modification number if aoolicablc (11) Order line item number and information (see below instructions) PP for* US? °f thC C0ntniCtOr 0n mV°iCC mUSt m“tCh 46 bformation indicated on the order/award IMPORTANT: For proper payment, the invoice must detail products and/or services delivered nn » Tin* t* Wltfc ,b‘ ^rrespondi.E .nk'/.mrV'.nu.ct E..I, U.e item «*- (1) Description of the services rendered for each line Item (2) Line Item Quantity (3) Line Item Unit Price (4) Total Line Item Invoicing Amount (5) Delivery Date (6) Contract Lioe Item Number (CLIN) Agr«memA(BPA) *** **** N“mber *f lnv#idng aBainst ■ task or delivery order or Blanket Purchase Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique Une item number in addition to the umbrella Con- ct Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN mutt be referenced at each invoice line item level in such cases. CL mUSt AU payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re- gistered in the System for Award Management (SAM) should verify and reconfirm their financial in¬ formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment \ UNCLASSIFIED U S. Department of State Case No. F-2017-05742 Doc No. C066 12650 Date 07/30/2018 C06612650 IFIED U.S Department of State Case No F-2017-05742 Doc No. C06612650 Date 07/30/2018 Page 6 of 19 SAQMMA17C0115 by check must submitthcir Justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award. Additional correspondence should be addressed to: Name: U,S. Department of State Global Financial Services Atm: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150008 Charleston, SC 29415*5008 Telephone Numbers: Director’s Secretary Voice 843-202-3761 Official Office Hours; 8:00 am - 5:00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email: commercialclaims@state.gov Phone; 877-704-9473 Toll Free Person to Contact; Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause) 652242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUO 1999) _ (a) The Contracting Officer may designate in writing one or more Government employees, by name and posi- 5JH H! C; t0 nffi fW thC Co.Dtr®itin8 0fiiccr lu*der to* contract. Each designee shall be identified as a 2252 2?“^Repr0S!n!fl:;c W- . Sucb shall specify the scope and limitations of the rnDd ^ d: pro^ed' ‘hat the designee shall not change the terns or conditions of the contract, un- tess the COR is a wairanted Contracting Officer and this authority is delegated in the designation. (b) The COR is TO BE DETERMINED AT TIME OF AWARD . (End of clause) H-025 TECHNICAL DIRECTION (a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by die Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions arc defined to include the following: . . W Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of work, technical panto SS' tecrtoS""®' h “ inte,prela,i0" »f apecificiions or (b) Technical instructions must be within the general scope of work stated in the contract. Technical instruc- UNCLASSIFIED U S Department of State Case No. F-2017-05742 Doc No. C066 12650 Date: 07/30/2018 C06612650FIED U.S. Department of State Case No. F-20 17-05742 Doc No. C06612650 Date. 07/30/2018 Page 7 of 19 SAQMMA17C0115 tions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of this contract; (3) increase or decrease the contract price or estimated contract amount (including fee), as ap¬ plicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract. (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the tcch- nicat instruction is within the scope of this contract. (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not afTected by the disputed technical instruction (end of clause) 52.2 1 24 Contract Terms and Conditions-Commcreial [terns (May 20 1 5) _ _ (a) Inspection/Acceptonct. The Contractor shall only tender for acceptance those items (hat conform to the requirements of this con¬ tract. The Government reserves the nght to inspect or test any supplies or services that have been tendered for acceptance The Gov- eminent may require repair or replacement of nonconfoiming supplies or repetformance of nonconforming services at no increase in contract pnec. If repair/replacemcnt or reperfotmance will not coned the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer- ctsc tts post-acccptance rights** ( 1 ) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Ad (3 1 U.S.C. 3727). However, when a third party makes payment (e g , use of the Govemmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract (c) Changes Changes in die terms and conditions of this contract may be made only by written agreement of the parties, (dj Disputes. This contract is subject to A I U.S.C, chapter 71* Contract Disputes, Failure of the parties to this contract to reach agree* ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shell be a dispute to be resol vm i n accordance with the clause at FAR 52^33*1, Disputes, whfch is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference (0 Excusable delays. The Contractor shall be liable for default unless nonperformance is cajsed by an occurrence beyond the reason¬ able control of the Contractor and without its fault or negligence such as, acts of Cod or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common earners. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (IJ I The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number, (iii) Contract number, contract line item number and, if applicable, the order number. UNCLASSIFIED U.S. Department of Slate Case No, F-201 7-05742 Doc No. C06612650 Date 07/30/2018 C06612650FIED U.S. Department of State Case No. F-201 7-05742 Doc No. C066 12650 Date: 07/30/2018 Page 8 of 19 SAQMMA17C0115 (iv) Description, quantity, unit of measure, unit price and extended price of die items delivered, (v) Shaping number and dare of shipment, including the bill of lading number and weigh, of shipment if shipped on Government bill (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (vm) Name, title, and phone number of person to notify in event of defective invoice; and (u)Ta, payer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this co* (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice in order for ih* »A ^ (C) EFT banking information is not required if the Government waived., he requirement to pay by EFT. S™***””*0"' U.S.C. HO)).* Office of Bod,., gpSS-S-SSSSHSSSS (i) Payment 2! SbSSST* Sha" bC m8de f0r i,emS MCep,ed by ,he Govemmcnt ,hat b»« *«< delivered to the delivety destinations SmSE' a^CFRfc f ' makC pay,rea' in *“0rdance wi* ,he ProfnPl *■*«« Ac. (3 1 U S.C. 3903) and premp, (3) Electronic Funds Transfer (EFT) if the Government makes payment by EFT. see 52.21 2-5(b) for the appropriate EFT clause. S.ny di5CJ0Unt ofrcrcd for Clr|y Payment, time shall be computed from the date of die invoice. For the W Remit die overpayment amount to the payment office cited in the contract along with a description of the overpayment including (A) Ctreumsunces of the overpayment (eg., duplicate payment, erroneous payment, liquidation errors, datc(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (Q Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. UNCLASSIFIED US. Department of State Case No, F-201 7-05742 Doc No C06612650 Date: 07/30/2018 C06612650FIED U.S Department of State Case No. F-2017-05742 Doc No. C06612650 Date: 07/30/2018 Page 9 of 19 SAQMMA17C0115 (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer, (6) Interest (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 4 1 U.S C 7109 , which is applicable to the period in which the amount becomes due. as provided in (Qtf)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33 21 1 if- (A) The Contracting Officer and the Contractor arc unable to reach agreement on the existence or amount of a debt within 30 days; (Q) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de¬ mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (sec 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates; (A) The date fixed under this contract (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor, (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi¬ tion Regulation in effect on the date of this contract (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (t) Delivery of the supplies to a carrier, if transportation is fob. origin, or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f o b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any pan hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors tc cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and UNCLASSIFIED U S. Department of State Case No F-201 7*05742 Doc No. C06612650 Date 07/30/2018 C066I2650rIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612650 Date: 07/30/2018 Page 10 of 19 SAQMMA17C0115 1 «-«—»«—.» —tatt « n, r« «, fc * ^ 3S233KX ■» «*— **»>. s»« « ^ ** «■*, ^ ^ (r) Compliance with laws unique io Government contracts The Contractor aerces to enmnlv with intor nn ... ... rotating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 4 J^U S.C chapter 2 1 relating o procurement totepity.^ dif"*r ofprKaience- A"y inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or- { 1 ) The schedule of supplies/services. *"■ u”> “*» » o— . - (3) The clause at 52,212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation, (6) Other paragraphs of this clause. (7) The Standard Form 1449, (8) Other documents, exhibits, and attachments. (9) The specification. mmmm SSmcrt or h« busi"css nme: "doinS bu$in«s «" “me. or division name (whichever is shown on the nnvatinn find th* ***** USC^ tn Pcrformin8 contracl, but has not completed the necessary requirements iteardinn . . f -name agreements in FAR Subpart 42. 1 2, the Contractor shall provide the responsible Contracting Officer a m of one business da/s written notification of its intention to (A) change the name in the SAM database: ( B ) conmlv with the requirements of Subpart 42.12; and (C) agree in writing to the timeline end procedures ficer. The Contractor must provide with the notification sufficient documentation to support the legaUy ch^gcd name! 8 °f" (li) If the Contractor fails to comply with the requirements of paragraph (tX2)M of this clause or falls io tu* paragraph (p(2)(i)(C) of this clause, and, in the absence of a propwIyMccutcd novation orchanec-of-name an^mcnL^ saw • formation that shows the Contractor to be other than the Connor indicated to t™ conS ation within the meaning of the "Suspension of Payment" paragraph of the electronic fends transfer (EFT) clause ofthis contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to I UNCLASSIFIED U.S, Department of State Case No F-201 7-05742 Doc No. C06612650 Date: 07/30/2018 C0661265OIED U S. Department of State Case No. F-201 7-05742 Doc No. C066 12650 Date: 07/30/2018 Page 11 of 19 SAQMMA17C0115 ?f “"P" claims (see Subpart 32 8. Assignment of Claims). Assignees shall be separately bvmfo anhul«miii?b? 1 1"?™.a"°"p™v,ded 10 ^ Contractor's SAM record that Indicates payments, including those made ,f V. mly °bUin Moma,im 0R r'8iltrati0'‘ and confirmation requirements via SAM accessed through ' "$) ^ “ sttled in P4^^11 («)(2) of this clause, when any supply or service acquired under this other toss or liability that would create an Anti-Deficiency Act violation (3 1 U.S.C. 1341). the following shall gtwem; ' ' * (i) Any such clause is unenforceable against the Government (u) Neither the Government nor any Government authorized end user shall be deemed to have screed to such clause bv virtue „r hreokrt^l^tl^’"01?11 uf ,Cgal ”sln,me,,, « agreement. If the EUU, TOS, or similar legal instrument o?agreemwt is? (tii) Any such clause is deemed to be stricken from the EUU. TOS, or similar legal instrument or agreement I. «P«s.iy — » , m» »d (End or clause) 32.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Ordets-Coromcreial Hems (Nov 2016) ShaUti0m?y Wi,h *he follow,n8 Fedcral Acquisition Regulation (FAR) clauses, which are VisiKf aiStoS': “ • “ praViSi0"s »f I ^ ' » Bc«cud«« onto fplicable to «. (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52^233-3, Protest After Award (Aug 1996) (31 U S.C. 3553). U S5C ?8ot note))UCable ^ ^ of Contract Claim <0ct 2004)(Public Laws 108-77 and 108-78 (19 dii 5f&lWI “T-7 uith ** FA? ClaUS6S in th's P^eraph 00 *at the Contracting Officer has in- JSfcJhE J? ? 10 C?^Ct by rcfcrcnce t0 implement provisions of law or Executive orders applicable to acquisitions of commercial items. [Contracting Officer check alt appropriate ] T*KW SlJeS “ ** Cmamm 2nal Defensc Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 — (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). _j;53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. OTsfc 2307(f))29' TCrmS forFjnaacing ofPurchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 2307m)52 232"30’ InSta,lment Paymcnts for Commercial Items (Oct 1995) (41 U S.C. 4505, 10 U.S.C. aS(C6)3332)2'33, Payment ^ E1“tIOnic Funds Tra"Sfer-System for Award Management (Jul 2013) (31 Ml(3H35l2U3^C43332Tem * ****** Transfer“0ther ,han Sys,em for Awwl Management (Jul + _ (58) 52.232-36, Payment by Third Party (May 2014) (3 1 U.S.C. 3332). _ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). **** °WMd US'F1“ Ccm'" Vcss"s (r'b 2004> '« us-c- _ (ii) Alternate 1 (Apr 2003) of 52.247-64. Aatft! CoSSn^OffijS^ ^FA? Cl“SeS ln this paragraph {c)* aPPIicable » commercial services, tnat the Contracting Officer has indicated as being incorporated in this contract by reference to imnlement nm visions of law or Executive orders applicable to acquisitions ofcommcrcialireras P P [Contracting Officer check as appropriate .] — (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O, 13495), _ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U S.C. chapter 67). chapter e^22"42* Statement ofEquivfllent for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment fMultiole Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 4 1 U.S.C. chapter 67). P UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No C066 12650 Date: 07/30/2018 C06612650FIED U S. Department of State Case No. F-20 17-05742 Doc No. C06612650 Date: 07/30/2018 Page 16 of 19 SAQMMA17C0115 * _ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main¬ tenance, Calibration, or Repair of Certain Equipment— Requirements (May 2014) (41 U.S.C. chapter 67). _ (7) 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). _ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). _ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). _ (10) 52.237-1 1, Accepting and Dispensing of SI Coin (Sept 2008) (31 U.S.C. 51 12(p)(l)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para¬ graph (d) if this contract was awarded usbg other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. ( 1 ) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac¬ tions related to this contract. ■S (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 dis¬ putes 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 Con¬ tractor 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcon¬ tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds S700,000 (51.5 million for construction of any public facility), the subcontractor must in¬ clude 52.2 1 9-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.0. 13495). Flow down required in ac¬ cordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 201 5) UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612650 Date: 07/30/2018 CO 6612 650_IED U.S, Department of Stale Case No F-2017-05742 Doc No. C06612650 Date: 07/30/2018 Page 17 of 19 SAQMMA17C0115 (v) 52.222-26, Equal Opportunity (Sept 2016) (E.0. 1 1246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E O 1 3496). Flow down required in accordance with paragraph (I) of FAR clause 52.222-40. (x) 52.222-4 1, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (*0 _(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.0 13627). — (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.0 1 3627). (xn) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten¬ ance, calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Services-Requirements (May 2014) (41 U.S.C. chapter 67). Labor Standards to Contracts for Certain (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.0. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xw) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at S50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500 000 for solicitations and resultant contracts issued after April 24, 2017). (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (oGCuon o62t as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C, 2302 Otix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C 1792) Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. Slfhwn n ikS n cIIriVa!Cly 0wnCd Lf ? ‘Fla8 Commercial Vessels (Feb 2006) (46 U S C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. “®* required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessaiy to satisfy its contractual obligations. (End of clause) 52,2 17*8 Option to Extend Services (Nov 1 999) UNCLASSIFIED U.S. Department of State Case No. F-2017-05742 Doc No, C06612650 Date. 07/30/2018 C06612 650FIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612650 Date: 07/30/2018 Page 16 of 19 S AQMMA1 7C01 1 5 r,tt?°V~raay rCquirC co"tinued performance of any services within the limits and at the rales specified n the contract Tliese rates may be adjusted only as a result of revisions to prevailing labor rates pro vided by °f^b0[' ?e Optlon Pr°vision ™y be exercised more than once, but fe total extension of pc?- S^S^tSTl ^ 6 The “““ <**■ ^ (End of clause) 6S122S-7 1 SECTION 8(a) OF TlfE EXPORT ADMINISTRATION ACT OF 1 979. AS AMENDED fAUO 1 9991 (a) Section 8(a) of the U.S. Export Administration Act of 1 979, as amended (50 U S C 2407/all nmhihitc comply by us. pmon, with my boycott fctcml by . fotcigo cotat^Sw fcMbbTSSSty regulation. Hie Boycott of Israel by Arab League countries is such a boycott, and therefore the following ac- SitlLi't AC2iSl to "■ 0r ^ ^ Arab ’-S”' l^cl, me ptohtbttcd ftlSint"R?iUirin^any U;S* pe,Soa ,0 re&se t0 d0 business with or in Israel, with any Israeli concern SthJtaSJfr' ” reqTn.g “y USl Per?on refilsc «© «H*V or otherwise discriminating against any person ce of suc“ peraoT fi,°n’ ^ nat'°n °f ' ** pcrson or°f any owner, officerfdiLtor, oremptoj- (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of anv owner, officer, director, or employee of such U.S. person; P y $8 f Un?SJing *nf?™atio" about whether «ny P«son has, has had, or proposes to have any business relation- SSsnon * rCaUOnStf by Way °f f*' purchase- ,e8®! or commercial representation, Shipping or other tnuaport, insurance, investment, or supply) with or in the State of Israel, with any business concern oraanized under the laws of the State of Israel, with any Israeli national or resident or with any ^rsc m 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 other- 01 ta *• “““ of an)r d"'toble "r 6aten“l “f<»f ** wm fte S„;Paying: honorinf confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel. y conoiuon or SCCti°n 8(?kthe f^Iowing tyPcs of activities ^ forbidden compliance with the boycott and are therefore exempted from Section 8(a)’s prohibitions listed in paragraphs (a)(1) through (6) above: ’ ( I ) Complying or agreeing to comply with requirements: “f0? °r St7ices from Isracl or 8oods P^uced or services provided by any busi- ness concern organized under the laws of Israel or by nationals or residents of Israel- or y proh*bmng the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed bv the boycotting country or the recipient of the shipment; presenoeo oy 2J,_S®"’?!y,-n? " “Sreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the earner 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 o such requirements may be stated in negative, blacklisting, or similar exclusionary teiros, oth« L wX- spect to earners or route of shipments as may be permitted by such regulations in order to comply with precau- tionaiy requirements protecting against war risks and confiscation; $L hC°ra£lying0ra£reCing t0 comply “ thc nonnal course °f business with the unilateral and specific selec¬ tion 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 nonnal course of business, are identifi- I UNCLASSIFIED U S. Department of State Case No. F-2017-05742 Doc No. C06612650 Dale: 07/3W2018 C06612650FIED U.S. Department of state Case No. F-20 17-05742 Doc No. C066 12650 Date: 07/30/2018 Page 19 of 19 SAQMMA17C0115 able by source when imported into the boycotting country; (4) Complying or agreeing to comply with the export requirements of the boycotting coundy relating to shin- “ 3SfiS3L*SEl" “ *•' b-‘- •“ °f --p-J £ i- iHd'V?lUal °r agreementby m individual to comply with the immigration or passport re- 2227"^ !my “unhy w!.lh resp“l t0 “d* indiv|dual or any member of such individual's family orwith re¬ quests for information regarding requirements of employment of such individual within the boycotting country; «r AP!,anWiy 4 HlS’ PMS0R reLsidcnl in a forei8n 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 uto such country of trademarked, trade named, or similarly specifically identifiable product, or confponSTof (End of clause) UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C066 12650 Date: 07/30/2018 C06612651rIED U S Department of State Case No. F-2017-05742 Doc No, C066 12651 Date. 07/30/2018 SOUCITArON/CpNTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR Tp COMPLETE BLOCKS 12. 17, 23, 24 & 30 2. CONTRACT NOL SAQMMA17C0115 3 AWARDEFFECTfVE DAT! 4. 040ER NUMBER 02/20/2017 1 REOUlSmai NUMBER 1Q967R97D9 5. SOLICITATION NUMBER Page 1 of 20 SAQMMA17C0115 6. SOLICITATION ISSUE DATE 7. FOR SOLICITATION *■ «« INFORMATION CALlJ Anthony C. Wesley ytUEPMONE number IcTcmal i wesieyac@3tate,gov 1 OFFER OuE DATE i LOCAL TIME t. ISSUED BY LMAOM OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM- PO BOX 91 15, ROSSLXN STATION US DEPARTMENTOF STATE ARLINGTON, VA 2221Sj 11 DELIVERY FOR FOB DESTINATION I It DISCOUNT TERMS unless BLOCK IS MARKED [ — r-Lr - - _ I ia THE ACQUISITION IS |x| UNRESTRICTED QB SETASlCfc SMALL BUSINESS \_\ n HUMONESMAU 1—1 NWCS.5 I—1 BUSINESS LJ EDWOSB □ tt*VadWUO SIZE ST* vnUIAMOMHED f— I WZESTA UlUUMUt LJ 1(A) MAKS. 541910 size STANDARD- RELEASE IN FULL □ SEE SCH SCHEDULE it. DELIVER TO ' CODE - ECAEX OFC OF THE EXECUTIVE DIRECTOR (ECA4IP/EX) 2200 C Street, NW SA-5. Fourth Floor WASHINGTON, DC 20547 □ tb-THS CONTRACT tS RATED ORDER UNOfR OPA* 13& RATING 14, UTMOQOF _ _ _ iet*8 n m riM iT*0MiMsreRE0«Y 'com — lmaST" OFFrCE OF ACQUISITION MANAGEMENT (A/LM/AQM) PO BOX 91 15. ROSSLYN STATION US DEPARTMENT OF STATE ARLINGTON, VA 22219 IS AO Ml Nts TEfl Ed BY in CONTRACTOWOFFBROR COOE 347100443 SCL GROUP LIMITED Doing fiwiiiwu At SCL 33.ST. JAMES'S SQUARE LONDON SW1Y 4JS Canaa F«iuiY 99100 CtlOE RMGFO Dwm 347100443 □ 1Tb CHECK IF REMITTANCE IS DIFFERENT AND PuT SUCH ADDRESS PH OFFER I I OFFER 19. ITEM NO lb PAYMENT VWLL BE MADE BY "“JJJJ GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON, SOUTH CAROLINA PO BOX 150008; Fax To; 1-066-483*3436 ATTN' OFFICE OF CLAIMS t CHARLESTON, SC 29415-5008 lib SUBMIT INVOKES TO ADDRESS SHOWN IN BLOCK Ita UNLESS BLOCK BELOW-S CHECKED 1 | SEE ADDENDUM 39. SCHEDULE CF SUPFUESQERWCES ■* . . r*rrY hne n nmnm II QUANTITY n UNIT PRICE I* AMOUNT See Line Hems Section 24. ACC dun Ting and appropriate data ™ 1900 - 2017 - 2018 - ) 9_J7801 1300CP * IIP * 1096 * 011412 - 2101 - 2589 - BPFLS001 - 2017 $496 232 00 _ f _ S236.000.00 _ 0 V* SOUCITATION INCORPORATES BY REFERENCES FAR 1«1*1. 32X24. FAR KJ1M ANO SUtl*S ARE ATTACHED. 4COENOA Q ARE 0 ARE HOT ATTACHED Q 2Tb. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 32X24. 5«i JS t$ An ACHED ADDENDA 0 ARE Q ARE NOT ATTACHED required to sign THIS document ANO return _ _ copies TO inn 2S award OF CONTRACT- RFF I5SUNG OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL HEMS SET FORTH M DATED CONTRACT w OR OTMTftWlV AFMtfMn^nPi/C inn au uiw ,umi. — 1 .... _ _ _ — i m F “O - ■ imui wn IV rvnnunfWIU VCLIVCfl ALL II AMa I rOH OR OTHERWISE (OEWTTFlEO AfiC VE ANO ON AMY ADDITIONAL SHEETS 5 OBJECT TO THE TERMS AND CONOTTONS SPEC1FCD. ■ : [rfi ' r# T ihT, i7| >T TL IS ACCEPTEO AS TO ITEMS: YOUR OtFER ON SOLICITATION (t 30* SIGNATURE OFCFFEROWtONTRACTOR 30b. NAME ANO TITLE Of MONER (TYPE OR P/ttm) Nigel Oakes, CEO SGL Group Ltd, AUTHORIZED FOR LOCAL REPRO DUCTION PREVIOUS EDITION S NOT USABLE CONTRACTING QmCER} [Anthony C. W^ley f PRINT) 3lc DATE SIGNCO 02/17/2017 STANDARD FORM t44* (REV, 0T301H bf C3A - FAR (4* CFRJSUIZ UNCLASSIFIED U S. Department of State Case No. F-2017-05742 Doc No. C06612651 Date: 07/30/2018 UNCLASSIFIED U.S. Department of State Case No. F*20 17-05742 Doc No. C06612651 Date 07/30/2018 CO 6 6 1 2 6 5 1=!ED U.S. Department of state Case No. F-2017-05742 Doc No. C06612651 Date; 07/30/2018 Page 3 of 20 Contract Numb SAQMMA17CC pn 115 6rder Number TtUo GEC SLC Target Audience Research Total funding* 1236,000.00 mm-' 1 1 mm Ufltittmi No. Description Quantity |linit| Unit Price | Total Colt 002 003 004 005 006 objectives in consultation with GEC PocRtfNo: T**t» Included: Delivery Oite | FOB: funding Information! 1. AccounSng Raf: 109G7R9709 Si 9,500.00 Desk-Based Research Services in accordance with the SOW. [Doe Ref No: Tam Included: Oedwry Date | FOB: pun ding Information 1. Aecounfng Ref; i0967R9709 S4.S00.03 Subject At atter/fi'efd Research Expert Services In accordance with] the SOW. a. Field Research Manager 3200hrsx $125,00 1. Analyst 200hrs $75.00 2. Analyst 200hrs $75.00 1. Field Research 440hn $40,00 2. Field research 440hrs $40.00 3 Field research! 440hrs $40.00 4. Field research 440hrs $40.00 5. Field research 440hrs $40.00 |9oc Ref No: laics Included: Delivery Oete | FOB: p unding 'inf aimtllon: 1. According Ref io967R9709 S103.000.00 Online Rasearcti services* Analyze field and online research in accordance with the SOW 1h Analyst 440hre S75.00 2. Analyst 440hns $75.00 3. Analyst 440hrs $75.00 [Doe Ref No, Tues Included DeUvtry Cite j FOB: [Funding Infomtetion; 1. Attaining Ret I0967R9709 S4S.000.00 Analysis of field Jand online research- Construct analysis framework n accordance with the SOW 1, Data Analyst 2Q0hrs $75.00 2. Data Analyst 280hrs $75.00 poc Rdf No: Tim Indudad: Oeflvery Oete I FOB: funding InfomittJonJ 1. AceounfingRef 1O967R9709 S21.000.00 Construction of analysis framewoik- Construct MOE Framework In accordance with the SOW. 80.00 1.00 1,320.00 560.00 480.00) HR LT HR HR HR $75.00 5160.000.00 S75.00 S75.0W $75.00 $6,000.00 5160,000.00 599 000.00 542.000.00 $36,000.00 UNCLASSIFIED U S. Department of State Case No. F-2017-05742 Doc No. C066 12651 Date 07/30/2018 C06612651FIED U.S. Department of State Case No. F-201 7-05742 Doc No C06612651 Date 07/30/2018 Line Item Summary r Number: Tide GEC SIC Target Audience Total Funding: Research „ $238*000.00 Description 1. Data Analyst ?40hrs $75.00 i 2. Data Analyst 240hrs $75.00 Doe Ref No: Tuei Included: i Ot It very DMt FOB; Funding Information 1 AocDunOng Ret ' 0967R9709 $18,000.00 007 I Construction of f AOE framework and collection of baseline I data* Assemble vaseline data in accordance with the SOW 1. Data Analyst 60hrs $75.00 2. Data Analyst 160hrs $75.00 3. Data Analyst 60hrs $75.00 Doc Ref No: Tam included: Delivery D«te FOB: Funding Information 1. Accounting Ref: 0967R9709 $18,000 00 008 Editing and Deti rery of Rnal Report- Draft, Edit, Present final written repcjrt in accordance with the SOW. 1. Writer /Analyst 40hrs $75*00 Doc Ref No: Tam Included: Delivery Dale FOB: Funding In format! on 1 Account ng Ret 0967R9709 $3,000.00 ODC-lnitlal/Fina Briefing and Travel (Official) - Must be receive prior approval from the COR and be accordance wkh the Joint Federal Travel Regulations. Doc Ref No. Tam Included: Delivery Date FOB: Funiflng bifomution: 1- Accounfrg Reft 10967R9709 S4.O0OOO Quantity I Uni Unit Price Page 4 of 20 SAQMMA17C0115 ate or Award: 02/15/2017 Total Cost $36,000, 53,000. $6,232. Grand Total; $496,232. B-010 TYPE OF CONTRACT This is a Firm-Fixec Priced type contract. (end of clause) E-004 [NSPECTION AND ACCEPTANCE (Sen ices) i t UNCLASSIFIED U.S. Department of State Case No. F-2017-05742 Doc No. C06612651 Date: 07/30/201 6 CO 6612 651"IED U.S, Department of State Case No. F-201 7-05742 Doc No. C066 12651 Date: 07/30/2018 Page 5 of 20 SAQMMA17C0115 Inspection and acceptance of the services to be provided hereunder shall be made by the Contractinn Officer's Representative. | * (end of clause) F-006 PERIOD OF PERFORMANCE _ This contract shall Le effective on the date of the Contracting Officer's signature and shall til 6 months after award. (end of clause) f remain in effect un- 01 FNV DEPARTMENT OF STATE INVOICE INSTRUCTIONS _ _ InTOtce submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-fiee num¬ ber 866-483-3436. or DOSPayments@statc.gov, unless otherwise indicated. Each invoice must be transmitted separately. To constitute a proper invoice, the invoice must include the following information and/or attached documenta- tion: ( 1 ) Name and Address of the Contractor (2) Dun and Bradstreet Universal Number System (DUNS) (3) Date of invoice (4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), - (Tilde), & (Ampersand), ' (Apostrophe), ° (Quotation) and spaces. Please do not include any of these characters as part of your invoice number. (5) Remittance Contact Information (6) Shipping Terms, Ship to Address (7) Payment Terms (8) Total Quantit)! of Items (9) Total Invoice Amount (10) Requisition Number, Contract Number and Ordcr/Awand Number, with modification number if applicable (11) Order line item number and information (see below instructions) The name and DUlffS of the contractor on the invoice must match the information indicated on the order/award for proper payment. IMPORTANT: Fjor proper payment, the invoice must detail products and/or services delivered on a line Item basis in direct accordance with the corresponding order/award/contract. Each line item must con- tain the following [information: (1) Description of the services rendered for each line item (2) Line Item Quantity (3) Line Item Unit Price (4) Totai Line Item Invoicing Amount (5) Delivery Date! (6) Contract Line Item Number (CLIN) (7) Order/A ward! Line Item Number iflnvoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con- i ; UNCLASSIFIED U.S. Department of State Case No F-201 7-05742 Doc No. C06612651 Date: 07/30/2018 C066l2651rIED US. Department of State Case No. F-201 7-05742 DocNo C06612651 Date: 07/30/2018 Page 8 of 20 SAQMMA17C0115 tract Une Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases. AU payment to donlestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re¬ gistered in the System for Award Management (SAM) should verify and re-conflrm their financial in¬ formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the ren Ittance address in the vendor record cited in the award. Additional correspoi dence should be addressed to: Name: U.S. Department of State Global Financial Sendees Atm: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150 )08 Charleston, SC 29415-5008 Telephone Numbers Director’s Secretary Voice 843-202-3761 Official Office Hours: 8:00 am - 5 00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free 4 Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVG@state.gov {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 and posi¬ tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designations) 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, un¬ less the COR is a warranted Contracting Officer and this authority is delegated in the designation (b) The COR is Tu BE DETERMINED AT TIME OF AWARD . (End of clause) H-02S TECHNICAL QfRECTION _ (a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Cjfficer’s Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following: UNCLASSIFIED U S. Department of State Case No F-2017-05742 Doc No. C066 12651 Date 07/30/2018 C06612 651FIED US Department of State Case No. F-201 7-05742 Doc No. C06612651 Date 07/30/2018 Page 7 of 20 SAQMMA17C0115 1 . • Pi?ctions 10 *c Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor’s accomplishment of the Statement of Work. | (2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description. (b) Technical instructions must be within the general scope of work stated in the contract. Technical instruc¬ tions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of this contract; 0) increase or decrease the contract price or estimated contract amount (including fee), as ap¬ plicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent Willi this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days aftcrjthe receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the tech- nical instruction is , within the scope of this contract, (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor &om performing that portion of the contractual work statement which is r.ot afTected by the disputed technical instruction. (end of clause) 1 52,212-4 Contract Terms and Ccnditions-Commcrcial Items (May 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the re¬ quirements of this fontract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming sup¬ plies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperfonnance will! not correct the defects or is not possible, the Government may seek an equitable price reduc¬ tion or adequate consideration for acceptance of nonconforming supplies or services. The Government must ex¬ ercise its post-acceptance rights— (1) Within a reasor able time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect the item. (b) Assignment. Th(e Contractor or its assignee may assign its rights to receive payment due as a result of per¬ formance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (3 1 U.S.C. 3727). However, when a third party makes payment (e.g., use bf the Govemroentwidc commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Chan the parties. ges in the terms and conditions of this contract may be made only by written agreement of (d; Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or re¬ lating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes which is incoiporated herein by reference. The Contractor shall proceed diligently with performance of this con¬ tract, pending finatjresolution of any dispute arising under the contract. UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date: 07/30/2018 C06612651rIED US. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date: 07/30/2018 Page 9 of 20 SAQMMA17C0115 (e) Definitions . The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (0 Excusable delays, The Contractor shall be liable for default unless nonperformance is caused by an occur- rence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidem¬ ics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,|setting forth the fiilt particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if au¬ thorized) to the address designated in the contract to receive invoices. An invoice must include— (1) Name and address of the Contractor; (ii) Invoice date and lumber; •a (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delhxred; s + (v) Shipping numbei and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, ani 1 phone number of person to notify in event of defective invoice, and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice onfy if required elsewhere in this con¬ tract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper in¬ voice, the Contractoi shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Man¬ agement), or applica >le agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Man¬ agement and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. J I UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date 07/30/2018 CO 6 61 d 651FIED U S Department of State Case No. F-201 7-05742 Doc No. C06612651 Date: 07/30/2018 Page 9 of 20 SAQMMA17C0115 (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributoiy infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this co ct, provided the contractor is reasonably notified of such claims and proceedings. (i) Payment.— ( !) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (3 1 U.S.C. 3903) and prompt payment regulations at 5 CFRPart 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appro¬ priate EFT clause. (4) Discount. In cojinection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date Which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments, jlf the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- i * (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e g., duplicate payment, erroneous payment, liquidation errors datefs) of overpayment); w (B) Affected contract number and delivery order number, if applicable; (C) Affected contn ct line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy »f the remittance and supporting documentation to the Contracting Officer. (6) Interest, (i) All Amounts that become payable by the Contractor to the Government under this contract shall bear simple interes j from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.2 1 1 if« (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; * I UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C066 12651 Date: 07/30/2018 CO 6 612 6 51rIED U S. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date 07/30/2018 Page 10 of 20 SAQMMA17C0115 (B) The Contractor fps to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Of¬ ficer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall b J due at the earliest of the following dates: (A) The date fixed under this contract (B) The date of the £ rst written demand for payment, including any demand for payment resulting from a de¬ fault termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on whilh an amount withheld and applied to the contract debt would otherwise have become pay¬ able to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32,608-2 of the Federal Acquisition Regulation in effect on the dale of this contract. (j) itoft of toss. Unlets the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this jon tract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for tfye Government's convenience . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to thcjtcrms of (his contract, the Contractor shall be paid a percentage of the contract price re¬ flecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from tlje termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which UNCLASSIFIED U.S. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date: 07/30*2018 CO 6612 651=IED U.S. Department of State Case No. F-2017-05742 Doc No. C06612651 Date: 07/30/2018 Page 1 1 of 20 SAQMMA17CQ115 reasonably could have been avoided. (m) Termination for, cause. The Government may terminate this contract, or any part hereof, for cause in the event of any defaultjby the Contractor, or if die Contractor fails to comply with any contract terms and condi¬ tions, or fails to provide the Government, upon request, with adequate assurances of future performance. In' the event of terminating for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remed¬ ies provided by lawj If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title . Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon a cceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be li¬ able to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. . i (r) Compliance wit}] laws unique to Government contracts. The Contractor agrees to comply with 3 1 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U S C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U-S.C. chapter 87, Kickbacks; 4 1 U.S.C- 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 401 18, Fly American, and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving preced¬ ence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Gov¬ ernment Contracts, uid Unauthorized Obligations paragraphs of this clause; (3) The clause at 52 .2 1 2-5. (4) Addenda to. this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specificatio i. (0 System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor . UNCLASSIFIED U.S. Department of State Case No. F-2017-05742 Doc No. C06612651 Date 07/30/2018 CO 6 612 651FIED U.S. Department of State Case No. F-201 7-05742 Doc No C066 12651 Date 07/30/2018 Page 12 of 20 SAQMMA17C011S is rwpo^iWe during performance and through final payment of any contract for the accuracy and completeness o the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccur¬ ate or incomplete dafa. 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 infonnation in the SAM does not alter the terras and conditions of this contract and is not a substitute for a property executed con¬ tractual document. (2)(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 necesr? requirements regarding novation and change-of-name agreements in FAR Subpart 42. 12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written noufication of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (f ) agree in wnting to the timeline and procedures specified by the responsible Contracting chS™S,C* 2313). i i UNCLASSIFIED U.S. Department of State Case No. F-2017-05742 Doc No C06612651 Date 07/30/2018 CO 6 612 651FIED U.S, Department of State Case No. F-2017-05742 Doc No. C06612651 Date 07/30/2018 Page 14 of 20 SAQMMA17C0115 _ (10) [Reserved]. __ (1 0(0 52.219-3, Moticc of HUBZone Set-Aside or Sole-Source Award (Nov 201 1) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3 _ (12X0 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). _ (ii) Alternate I (jin 201 1) of 52.219-4. _ (ii) Alternate I (Jin 201 1) of 52.219-4. _ (13) [Reserved] ■* !■ _ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 201 1) (15 U.S.C. 644). _ (ii) Alternate I (Nov 201 1). _ (iii) Alternate II ( l4ov 201 1). _ (15X0 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). _ (ii) Alternate I (Cct 1995) of 52.219-7. _ (iii) Alternate II ( Mar 2004) of 52.219-7. _ (16) 52.219*8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). _ (17)(1) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)). _ (ii) Alternate I (Nov 2016) of 52.219-9. _ (iii) Alternate II ( Yov 2016) of 52.219-9. _ (iv) Alternate III JNov 2016) of 52.219-9. _ (v) Alternate IV (Nov 2016) of 52.219-9. _ (18) 52.219-13, h otice of Set-Aside of Orders (Nov 201 1) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 201 1) (15 U.S.C 637(a)(14)). _ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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 (Nov 201 1) (15 U.S.C. 657 f). _ (22) 52.219-28, P _ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). _ (23) 52.219-29, h otice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). i l UNCLASSIFIED U S. Department of State Case No. F-201 7-05742 Doc No. C06612651 Date: 07/30/2018 C06612651 FIED US. Department of State Case No. F-2017-05742 Doc No. C06612651 Date: 07/30/2018 Page IS of 20 SAQMMA17C0I15 cT— U? 5m2j19*3l°’.i icc ofSct'Aside for> or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). x (25) 52.222-3, Convict Labor (June 2003) (E.0. 1 1755). x (26) 52.222-19, Child Labor— Cooperation with Authorities and Remedies (Oct 2016) (E.0. 13126). x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). x (28) 52.222-26, Equal Opportunity (Sept 2016) (E.0. 1 1246). _ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). — (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _ (3 1) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 13496) 5IZ22‘40, * otificati<>n of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. x (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.0, 13627). — (») Alternate I (N ar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.0. 13627). (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable Ul^Uonof^eraa I ly available off-the-shelf items or certain other types of commercial items as (35) 52.222-59, Compliance with Labor Laws (Executive Order 1 3673) (Oct 2016). (Applies at $50 million forsohcit owns and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at »uu,uou for solicitations and resultant contracts issued after April 24, 2017), — (36) 52.222-60, paycheck Transparency (Executive Order 13673) (Oct 2016). 2008h2 “I*'™™? Ma,erial CoM for EPA-Designated Items (May . 2008) (42 U.S.C. 6962(c)(3)(A)(u)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) AJtemate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(Q). (Not applicable to the acquisition of com¬ mercially available off-the-shelf items.) 201^6HE 02n693)O2One'DePtetin6 SubStanceS and Global WanninB Potential Hydrofluorocarbons (Jun (TSSlfir11*' Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners 735 14)^ ^2’22313|’ Ac' “to H**. rn«i to » agreemo,. of, or a rapes, Pnth^hSf™ ^qU r "g My US- person !° "to* t0 emPIoy or Otherwise discriminating against any person ee of such pot™*' ‘8l0n’ S“’ °r aaaml on8m of that P»»» or of any owner, officer, director, oremploy- (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of anv owner, officer, director, or employee of such U.S. person; ^ SL in(®n?ati?J? f*out whc*«; any person has, has had, or proposes to have any business relation- -d 8 * r? a- "Shlp by way of S8lc* purehasc> >cgal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business con«m organized rnider thelaws 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 other- 0r mvolved m ,hc acuv‘ties of «y charitable or fraternal organization which supports the (6) Paying, honoring, confimung, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel. * or Si <£££ ^ ?(!)kthC f°ll0Win? ***** ofactivities no* forbidden compliance with the boycott , and are therefore exempted from Section 8(a)’s prohibitions listed in paragraphs (a)(1) through (6) above: (1 ) Complying orj agreeing to comply with requirements: ® thj 'm,p0r,J0fg°0^ or ***** Isracl or 800ds produced or services provided by any busi- concem orgatiized under the laws of Israel or by nationals or residents of Israel: or, a Prohlb.!tul8 shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed bv the boycotting couhtry or the recipient of the shipment; wer wan roar prcscnoeo oy (2) Complying onagreetng to comply with import and shipping document requirements with respect to the county of ongin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the Prov,nccm of or organized under foe laws oflsrilor to any national or resident of Israel; ’ (5) Compliance by an individual or agreement by an individual to comply with the immigration or passport re- quu-cments of any fcounliy with respect to such individual or any member of such individual's family or with re¬ quests for information regarding requirements of employment of such individual within foe boycotting country; ifL nf “ V,S perS0" revsident,in 8 country or agreement by such person to comply with the S rCrSPCCt *? ^ 0r.h.crac“v,ties exc[usivel7 to*™’ and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports rrodur?fn°‘l?liy °.ftrademarked> na“cd* or similarly specifically identifiable products, or components of {*od“?f ?£ b'S 0!!'her ^ UM’ mcludm8 ** Performance of contractual services within that country; as may be denned by suchircguladons. (End of clause) i UNCLASSIFIED U.S. Department of Slate Case No. F-2017-05742 Doc No C06612651 Date: 07130/2018