[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Rules and Regulations]
[Pages 19329-19346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8107]
[[Page 19329]]
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DEPARTMENT OF STATE
48 CFR Parts 601, 602, 603, 604, 605, 606, 609, 611, 612, 613, 616,
617, 619, 622, 623, 625, 626, 628, 630, 632, 636, 637, 642, 651,
652, and 653
[Public Notice 4685]
RIN 1400-AB06
Department of State Acquisition Regulation (DOSAR)
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule makes final a proposed rule published for comment on
November 13, 2003 amending the Department of State Acquisition
Regulation (DOSAR). No public comments were received. The proposed rule
is therefore adopted as final. This final rule also contains three
miscellaneous amendments not published on November 13, 2003, as
outlined below.
EFFECTIVE DATE: This rule is effective April 13, 2004.
FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst,
Department of State, Office of the Procurement Executive, 2201 C
Street, NW., Suite 603, State Annex Number 6, Washington, DC 20522-
0602; telephone (703) 516-1691; e-mail address: [email protected].
Persons with access to the Internet may also view this notice by going
to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.
SUPPLEMENTARY INFORMATION: On November 13, 2003 (Public Notice 4525 at
68 FR 64297), the Department of State proposed numerous amendments to
the DOSAR to reflect recent changes in the Federal Acquisition
Regulation (FAR), as well as organizational and other policy changes
within the Department. The rule was discussed in detail in Public
Notice 4525, as were the Department's reasons for the changes to the
regulation. The Department is now promulgating a final rule with the
following minor changes from the proposed rule:
DOSAR 601.603-70 is further revised to delete
one more acquisition office (the Diplomatic Telecommunications
Service--Program Office). The acquisition responsibilities of this
office have been transferred to the Office of Acquisition Management.
DOSAR 605.202-70 (a) is revised to delete the
last sentence. This sentence established an end date (March 12, 2004)
for the waiver for synopsizing foreign acquisitions in the
Governmentwide Point of Entry (GPE). Since this waiver is extended
periodically, it makes sense to not publish the actual date. This will
ease administration of the regulation so that changes do not have to be
published each time the date changes.
DOSAR 605.202-70(d) is revised to state that the
GPE waiver authority also does not apply to any contracts exceeding $5
million. The proposed rule limited this to only construction contracts.
A decision has been made that all contracts exceeding $5 million must
be synopsized in the GPE.
These amendments do not affect the public, and therefore good cause
exists to publish them without first soliciting public comment because
prior public comment is unnecessary.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule after it was
published as a proposed rule on November 13, 2003 (see SUPPLEMENTARY
INFORMATION).
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $1
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
Executive Order 12866
The Office of Management and Budget has reviewed this rule under
Executive Order 12866.
Paperwork Reduction Act
Information collection requirements have been approved under the
Paperwork Reduction Act of 1980 by OMB, and have been assigned OMB
Control Number 1405-0050. The Department is currently seeking approval
for the information collection requirements associated with Form DS-
4053, Department of State Mentor-Prot[eacute]g[eacute] Program
Application.
List of Subjects in 48 CFR Parts 601, 602, 603, 604, 605, 606, 609,
611, 612, 613, 616, 617, 619, 622, 623, 625, 626, 628, 630, 632,
636, 637, 642, 651, 652, and 653
Department of State Acquisition Regulation.
0
Accordingly, for the reasons set forth in the preamble, title 48,
chapter 6 of the Code of Federal Regulations is amended as follows:
0
1. The authority citation for 48 CFR parts 601, 602, 603, 604, 605,
606, 609, 611, 612, 613, 616, 617, 619, 622, 623, 625, 626, 628, 630,
632, 636, 637, 642, 651, 652, and 653 continues to read as follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Subchapter A--General
PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION
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2. Section 601.105-3 is revised to read as follows:
601.105-3 Copies.
The DOSAR is available through the Department's Intranet system at
http://aope.a.state.gov, or through the Internet from A/OPE's
Acquisition Web site. The Internet address is: http://www.statebuy.state.gov/.
601.106 [Amended]
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3. Section 601.106 is amended by removing from the last sentence
``225,302 hours'' and inserting ``225,503 hours'' in its place.
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4. Section 601.603-1 is added to read as follows:
601.603-1 General.
Details of the Department's acquisition career management program
are described in 6 FAH-6, the Acquisition Career Management Program
Handbook, which is available on the Intranet from the A/OPE Web site
(see 601.105-3 for address).
[[Page 19330]]
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5. Section 601.603-3 is amended by revising paragraph (d) to read as
follows:
601.603-3 Appointment.
* * * * *
(d) Personal services agreements. Individuals who may sign personal
services agreements (PSAs) are limited to the following:
(1) The Human Resources Officer;
(2) The Human Resources/Financial Management Officer; or,
(3) The Management Officer or an American Foreign Service Officer
designated to perform human resource functions.
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6. In section 601.603-70, paragraph (a) is revised and a sentence is
added at the end of paragraph (b)(6) to read as follows:
601.603-70 Delegations of authority.
(a) Delegations. As stated in 601.603-3(a), there is no contracting
officer authority conferred by virtue of position. Pursuant to 601.602-
1(b), the Procurement Executive has designated the following as
contracting activities as defined in FAR 2.101. These authorities are
not redelegable. In addition, specific individuals are designated as
heads of contracting activities (HCAs) (see FAR 2.101):
(1) Overseas posts. Each overseas post shall be regarded as a
contracting activity to enter into and administer contracts for the
expenditure of funds involved in the acquisition of supplies,
equipment, publications, and services. The Principal Officer, the
Management Officer, or the Supervisory General Services Officer are
designated as HCAs; provided, that he/she has a contracting officer's
warrant issued by the Procurement Executive. The Procurement Executive
(or authorized A/OPE staff) may delegate to a contracting officer, on a
case-by-case basis, the authority to award a contract or modification
which exceeds the contracting officer's warrant level.
(i) No authority is delegated to enter into cost-reimbursement,
fixed-price incentive, or fixed-price redeterminable contracts. Design/
build solicitations and contracts may only be entered into with the
written approval of A/OPE and OBO. Proposed construction contracts
exceeding $500,000 and any related architect-engineer contracts must
have prior A/OPE approval.
(ii) When expressly authorized by a U.S. Government agency which
does not have a contracting officer at the post, the officers named in
paragraph (a)(1) introductory text of this section may enter into
contracts for that agency. Use of this authority is subject to the
statutory authority of that agency and any special contract terms or
other requirements necessary for compliance with any conditions or
limitations applicable to the funds of that agency. The agency's
authorization shall cite the statute(s) and state any special contract
terms or other requirements with which the acquisition so authorized
must comply. In view of the contracting officer's responsibility for
the legal, technical, and administrative sufficiency of contracts,
questions regarding the propriety of contracting actions that the post
is required to take pursuant to this authority may be referred to the
Department for resolution with the headquarters of the agency
concerned.
(2) Office of Logistics Management; Office of Acquisition
Management (A/LM/AQM). The authority to enter into and administer
contracts for the expenditure of funds involved in the acquisition of
supplies and services, including construction, is delegated to the
Director or designee as the HCA.
(3) Foreign Service Institute. The authority to enter into and
administer contracts pursuant to Chapter 7, Title I, of the Foreign
Service Act of 1980, as amended (22 U.S.C. 4021 et seq.), is delegated
to the Director of the Foreign Service Institute, the Executive
Director, the Deputy Executive Director, and the Supervisory
Contracting Officer as the HCA.
(4) Office of Foreign Missions. The authority to enter into and
administer contracts pursuant to Title II of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 4301 et seq.), is
delegated to the Director, Office of Foreign Missions, and the
Administrative Officer as the HCA.
(5) U.S. Mission to the United Nations. The authority to enter into
and administer contracts pursuant to the United Nations Participation
Act of 1945, as amended (22 U.S.C. 287), is delegated to the Counselor
for Administration as the HCA.
(6) Regional Procurement Support Offices. The authority to enter
into and administer contracts for the expenditure of funds involved in
the acquisition of supplies, equipment, publications, and services on
behalf of overseas posts is delegated to each Director, Regional
Procurement Support Office (RPSO) as the HCA at the following
locations:
(i) RPSO Frankfurt in conjunction with Consulate General Frankfurt;
and
(ii) RPSO Florida in conjunction with the Florida Regional Center.
(b) * * *
(6) * * * These authorities extend to any acquisition performed by
any Department of State contracting activity on behalf of INL.
* * * * *
PART 602--DEFINITIONS OF WORDS AND TERMS
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7. Section 602.101-70 is amended by adding, in alphabetical order, a
definition of ``Chief of Mission''; and, by revising the definition of
``Despatch Agency'', as follows:
602.101-70 DOSAR definitions.
* * * * *
Chief of Mission means the principal officer in charge of a
diplomatic mission of the United States or of a United States office
abroad which is designated by the Secretary of State as diplomatic in
nature, including any individual assigned under section 502(c) of the
Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in
charge of such a mission or office.
* * * * *
Despatch Agency means the office responsible for the transportation
of supplies between the U.S. and posts within its specific geographic
area as assigned by the Office of Logistics Operations. There are six
Despatch Agencies, one each in Iselin, New Jersey; Baltimore, Maryland;
Miami, Florida; Seattle, Washington; Brownsville, Texas; and the
European Logistical Support Office in Antwerp, Belgium.
* * * * *
PART 603--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
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8. Section 603.104-5 is redesignated as section 603.104-4.
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9. Section 603.104-10 is redesignated as section 603.104-7. New section
603.104-7 is amended in paragraph (d)(2)(ii)(B) by correcting the
citation at the end of the paragraph to read ``FAR 3.104-
7(d)(2)(ii)(B).''
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10. Section 603.204 is amended by revising paragraph (b) to read as set
forth below, and by removing paragraph (c):
603.204 Treatment of violations.
* * * * *
(b) Upon completion of the investigation and/or prosecution or with
the consent of the U.S. Department of Justice, the Assistant Inspector
General for Investigations shall provide to the Procurement Executive a
report, together with all pertinent documentation, concerning the
suspected violation. The Office of the Procurement Executive shall
provide to
[[Page 19331]]
the contractor a written notice by certified mail, return receipt
requested, presenting the findings, and shall establish a schedule,
including location, for an investigative hearing for the purposes
described in FAR 3.204(b).
* * * * *
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11. Section 603.601 is amended by adding the following sentence to the
end of paragraph (a):
603.601 Policy.
(a) * * * This policy also applies to individuals hired under
personal services agreements and personal services contracts.
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12. A new Subpart 603.8, consisting of section 603.804, is added to
read as follows:
Subpart 603.8--Limitations on the Payment of Funds To Influence
Federal Transactions
603.804 Policy
(b) The contracting officer shall forward a copy of all contractor
disclosures furnished pursuant to the clause at FAR 52.203-12 to the
Office of the Legal Adviser, Employment Law, Senior Ethics Counsel (L/
EMP/Ethics).
PART 604--ADMINISTRATIVE MATTERS
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13. Subpart 604.5 is revised to read as follows:
Subpart 604.5--Electronic Commerce in Contracting
604.502 Policy.
(b) The Assistant Secretary of State for Administration is the head
of the agency for the purpose of FAR 4.502(b).
(1)(i) Posting solicitations for domestic contracting activities.
Contracting officers at domestic contracting activities shall post all
open market competitive, unclassified Requests for Proposals and
Invitations for Bids exceeding the simplified acquisition threshold on
the Internet, unless an exception has been approved by the head of the
contracting activity. Contracting officers may post Requests for
Quotations and noncompetitive acquisitions if desired. Solicitations
shall be posted through the Statebuy Interactive Platform (SIP) at
https://state.monmouth.army.mil/ If the SIP is temporarily unavailable
(due either to problems with the SIP system or the Internet
connections), the solicitation shall be posted on the Governmentwide
point of entry (GPE), and immediately posted on the SIP when the SIP
again becomes available.
(ii) Materials not in automated format. For solicitations
containing drawings or other materials that are not in an automated
format, the contracting officer shall:
(A) Post as much of the solicitation as possible on the Internet;
and,
(B) Make hard copies available for those parts of the solicitation
that are not in an automated format.
(iii) Posting solicitations for overseas contracting activities.
Contracting officers at overseas contracting activities shall post
competitive local guard solicitations on the Internet using the
Statebuy Interactive Platform if U.S. firms may be competing. Posting
of other solicitations is optional.
Subchapter B--Competition and Acquisition Planning
PART 605--PUBLICIZING CONTRACT ACTIONS
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14. Section 605.202-70 is amended--
0
(a) By removing ``CBD'' in the first sentence of paragraph (a);
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(b) By adding the words ``in the Governmentwide point of entry (GPE)''
after the word ``notices'' in the first sentence of paragraph (a);
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(c) By removing ``CBD'' and inserting ``GPE'' in its place in the
second sentence of paragraph (a);
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(d) By removing the last sentence of paragraph (a);
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(e) By removing ``CBD'' and inserting ``GPE'' in its place in paragraph
(b); and,
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(f) By revising paragraph (d) to read as follows:
605.202-70 Foreign acquisitions.
* * * * *
(d) Policy exclusions. GPE waiver authority does not apply to local
guard service contracts exceeding $250,000, or any contracts exceeding
$5 million. Local guard service contracts that exceed $250,000 and
other contracts that exceed $5 million shall be published in the GPE.
Option year prices shall be included when computing the applicability
of this threshold.
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15. Section 605.207-70 is amended by removing the word ``synopsis'' and
inserting the word ``notice'' in its place.
605.303 [Amended]
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16. Section 605.303 is amended by removing the word ``Office'' and
inserting the word ``Bureau'' in its place in the first sentence of
paragraph (a).
PART 606--COMPETITION REQUIREMENTS
606.302 [Amended]
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17. Section 606.302-6 is amended--
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(a) By removing the words ``Commerce Business Daily'' and inserting
``GPE'' in their place in paragraph (c)(1)(i);
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(b) By removing the words ``CBD synopsis'' and inserting ``GPE notice''
in their place in paragraph (c)(1)(ii); and,
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(c) By removing the words ``Commerce Business Daily'' and inserting
``GPE'' in their place in paragraph (c)(2).
606.370 [Amended]
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18. Section 606.370 is amended by removing the word ``Administrative''
and inserting the word ``Management'' in its place in the third
sentence of paragraph (b).
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19. Section 606.501 is amended by inserting the following sentence
after the first sentence in paragraph (b):
606.501 Requirement.
* * * * *
(b) * * * A/LM/AQM's competition advocate is also designated the
contracting activity competition advocate for the Regional Procurement
Support Offices. * * *
606.501-70 [Amended]
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20. Section 606.501-70 is amended by removing the word
``Administrative'' and inserting the word ``Management'' in its place.
PART 609--CONTRACTOR QUALIFICATIONS
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21. A new section 609.404-70 is added to read as follows:
609.404-70 Specially Designated Nationals List.
Contracting officers shall not award to any of the entities listed
on the Specially Designated Nationals (SDN) List, available on the
Department of Treasury's Office of Foreign Assets Control Web site at
http://www.treas.gov/ofac/. Contracting officers shall consult this
list prior to award for any dollar amount. This list may also be
accessed through the EPLS Web site at http://epls.arnet.gov.
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22. Section 609.405 is amended--
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(a) By removing paragraphs (d) introductory text and (d)(1)(i);
0
(b) By adding a new paragraph (d)(3) to read as indicated below; and,
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(c) By removing paragraphs (d)(4)(i) and (d)(4)(ii).
609.405 Effect of listing.
* * * * *
(d)(3) The Procurement Executive is the agency head's designee for
the purposes of FAR 9.405(d)(3).
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23. Section 609.406-3 is amended by revising the last two sentences of
paragraph (a)(1) to read as follows:
609.406-3 Procedures.
(a)(1) * * * The Office of the Inspector General shall investigate
the
[[Page 19332]]
matter, as appropriate, and provide a copy of its investigation report
to the Procurement Executive for consideration of debarment action, if
and when appropriate. The contracting officer shall provide to the
Procurement Executive and the Office of the Inspector General a copy of
his or her intended actions in response to the Office of the Inspector
General report.
* * * * *
PART 611--DESCRIBING AGENCY NEEDS
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24. A new subpart 611.6 is added to read as follows:
Subpart 611.6--Priorities and Allocations
Sec.
611.600 Scope of subpart.
611.602 General.
611.603 Procedures.
Subpart 611.6--Priorities and Allocations
611.600 Scope of subpart.
On September 18, 2001, the Department of Commerce (DOC) authorized
the Department of State to use the Defense Priorities and Allocations
System (DPAS). This authority expires on October 1, 2006. The
Department of Defense has approved the Department's Embassy Security
Protection Program (DOSESPP) as a national defense program eligible for
the priorities support under the DPAS.
611.602 General.
(c)(1) Authority to use the DPAS is limited to the following
circumstances:
(i) The contract or order must be placed with a U.S. firm; and,
(ii) The contract or order must be in support of the DOSESPP, which
consists of work involving the security of overseas posts. The DOSESPP
includes a wide range of elements of both physical and technical
security, such as:
(A) New Embassy/Consulate Compound (NEC/NCC) Program. This program
involves the construction of new secure Embassies, Consulates, and
related facilities, as well as renovations of newly acquired buildings
when used as alternatives to the construction of new secure buildings.
(B) Physical security upgrade. This includes installation of forced
entry/ballistic resistant (FE/BR) windows and doors, walls/fences,
active anti-ram barriers, bollards (concrete and steel barriers), and
related items.
(C) Forced entry/ballistic resistant (FE/BR) components. This
includes doors, windows, and related facilities and items that can
provide the necessary time to protect Government personnel from attack.
(D) Armored vehicles. This includes passenger vehicles with
appropriate armoring.
(E) Entry control and building surveillance equipment. This
includes walk-through metal detectors, X-ray equipment, surveillance
cameras, explosive detection equipment, and other features to enhance
the protection of Government personnel and facilities.
(2) DOC has assigned the following priority rating to DOSESPP
contracts or orders: DO-H8.
611.603 Procedures.
(f) Department of State contracting officers are authorized to sign
DO-H8 rated contracts or orders. It is the responsibility of the
requirements office to determine which contracts or orders should be
rated. All contracts with U.S. firms under the DOSESPP will not
necessarily need to be assigned a priority rating.
(g) The contracting officer should place a DO-H8 rating on any
contract or order if there is any doubt as to whether a contractor
doing work for Embassy security protection will be able to deliver on
time. If an unrated contract or order is not completed on time, the
contracting officer may modify the contract or order to add the rating;
however, the rating shall only be effective for the newly established
delivery date, not the original delivery date.
(1) DOC can provide special assistance to implement the DPAS
program in specific cases. For example, the Department may request a
higher priority rating, or request that DOC issue a written directive
to a contractor that is not complying with the DPAS regulations. In
addition, although the DPAS program normally applies only to U.S.
firms, if the Department has a prime contract with a foreign firm that
will be awarding subcontracts with U.S. firms, the Department may
request from DOC authorization to place a rating on the prime contract.
(2) Contracting officers or requirements offices who wish to
request special assistance from DOC must complete DOC Form BXA-999,
Request for Special Priorities Assistance, and submit it to A/OPE,
which will arrange for submission of the request to DOC.
PART 612--ACQUISITION OF COMMERCIAL ITEMS
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25. A new part 612, consisting of subpart 612.3 and section 612.302, is
added to subchapter B as follows:
PART 612--ACQUISITION OF COMMERCIAL ITEMS
Subpart 612.3--Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Items
612.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
(c) The head of the contracting activity shall approve any request
for a waiver to tailor a clause or otherwise include any additional
terms or conditions in a solicitation or contract in a manner that is
inconsistent with customary commercial practice.
Subchapter C--Contracting Methods and Contract Types
PART 613--SIMPLIFIED ACQUISITION PROCEDURES
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26. Section 613.303-5 is amended by adding a new paragraph (b) to read
as follows:
613.303-5 Purchases under BPAs.
(b) Individual purchases under BPAs for commercial items may exceed
the simplified acquisition threshold; however, the higher threshold
must be consistent with the requirements of FAR 13.303-5(b)(1) and (2).
* * * * *
PART 616--TYPES OF CONTRACTS
616.505 [Amended]
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27. Section 616.505 is amended by correcting the paragraph designation
of ``(b)(4)'' to read ``(b)(5)''.
PART 617--SPECIAL CONTRACTING METHODS
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28. Section 617.204 is amended by adding the following sentence to the
end of paragraph (e):
617.204 Contracts.
(e) * * * The Procurement Executive may delegate this approval
authority to individuals within the Office of the Procurement
Executive.
0
29. Section 617.504-70 is amended by adding the words ``and Bureau
Executive Directors'' after the words ``deputy assistant secretaries''
in paragraph (a) and by removing the parenthetical ``(illustrated in
part 653)'' in the first sentence of paragraph (b).
[[Page 19333]]
Subchapter D--Socioeconomic Programs
PART 619--SMALL BUSINESS PROGRAMS
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30. Section 619.201 is revised to read as follows:
619.201 General policy.
(a) The Operations Director, Office of Small and Disadvantaged
Business Utilization (A/SDBU), is responsible for performing all
functions and duties prescribed in FAR 19.201(c) and (d).
(b) In addition to the requirements of FAR 19.201(b), each head of
the contracting activity, or designee, is responsible for establishing
in coordination with the A/SDBU Operations Director annual goals for
the DOS small business program.
(c) The Assistant Secretary of State for Administration is the
agency head for the purposes of FAR 19.201(c).
(d) Pursuant to FAR 19.201(d), each Small and Disadvantaged
Business Utilization Specialist (SDBUS) is responsible for--
(1) Maintaining a program to locate capable small business, small
disadvantaged business, women-owned small business, HUBZone small
business, veteran-owned small business, and service-disabled veteran-
owned small business sources to fulfill DOS acquisition requirements;
(2) Coordinating inquiries and requests for advice from small
business, small disadvantaged business, women-owned small business,
HUBZone small business, veteran-owned small business, and service-
disabled veteran-owned small business concerns on DOS contracting and
subcontracting opportunities and other acquisition matters;
(3) Advising contracting activities on new or revised small
business policies, regulations, procedures, and other related
information;
(4) Assuring that small business, small disadvantaged business,
women-owned small business, HUBZone small business, veteran-owned small
business, and service-disabled veteran-owned small business concerns
are provided adequate specifications or drawings by initiating, in
writing, with appropriate technical and contracting personnel to ensure
that all necessary specifications or drawings for current and future
acquisitions, as appropriate, are available;
(5) Reviewing all proposed acquisitions in excess of the simplified
acquisition threshold, including commercial items using the simplified
acquisition procedures of FAR Subpart 13.5, and task and delivery
orders under multiple award contracts exceeding $2 million, to assure
that small business, small disadvantaged business, women-owned small
business, HUBZone small business, veteran-owned small business, and
service-disabled veteran-owned small business concerns will be afforded
an equitable opportunity to compete and, as appropriate, initiating
recommendations for small business, 8(a), or HUBZone set-asides. This
includes proposed contract modifications for new or additional
requirements that do not fall within the original scope of the contract
and which exceed the simplified acquisition limitation. This does not
include the exercising of contract options;
(6) Assuring that contract financing available under existing
regulations is offered when appropriate and that requests by small
business concerns for such financing are not treated as a handicap in
the award of contracts;
(7) Providing assistance to the contracting officer in making
determinations concerning responsibility of prospective contractors
whenever small business concerns are involved;
(8) Participating in the evaluation of a prime contractor's small,
small disadvantaged, woman-owned small, HUBZone small, veteran-owned
small, and service-disabled veteran-owned small business subcontracting
plans;
(9) Assuring that the participation of small business, small
disadvantaged business, women-owned small business, HUBZone small
business, veteran-owned small business, and service-disabled veteran-
owned small business concerns is accurately reported;
(10) Attending, as appropriate, debriefings to unsuccessful small
business, small disadvantaged business, women-owned small business,
HUBZone small business, veteran-owned small business, and service-
disabled veteran-owned small business concerns to assist those firms in
understanding requirements for responsiveness and responsibility so
that the firm may be able to qualify for future awards;
(11) Making available to SBA copies of solicitations when so
requested;
(12) When a bid or offer from a small business, small disadvantaged
business, women-owned small business, HUBZone small business, veteran-
owned small business, and service-disabled veteran-owned small business
has been rejected for non-responsiveness or non-responsibility, upon
request, aid, counsel, and assist that firm in understanding
requirements for responsiveness and responsibility so that the firm may
be able to qualify for future awards;
(13) Participating in Government-industry conferences to assist
small business concerns, including Business Opportunity/Federal
Acquisition Conferences, Minority Business Enterprise Acquisition
Seminars and Business Opportunity Committee meetings;
(14) Maintaining a list of supplies and services that have been
placed as repetitive small business set-asides;
(15) Participating in the development, implementation, and review
of automated source systems to assure that the interests of small
business concerns are included;
(16) Advising potential sources how they can obtain information
about competitive acquisitions;
(17) Providing small business, small disadvantaged business, women-
owned small business, HUBZone small business, veteran-owned small
business, and service-disabled veteran-owned small business concerns
information regarding assistance available from Federal agencies such
as the Small Business Administration, Minority Business Development
Agency, Bureau of Indian Affairs, Economic Development Administration,
National Science Foundation, Department of Labor and others, including
State agencies and trade associations; and
(18) Participating in interagency programs relating to small
business matters as authorized by the A/SDBU Operations Director.
(f)(1) The Procurement Executive is the agency designee for the
purposes of FAR 19.201(f)(1). The written determination shall be
forwarded to the Procurement Executive through the A/SDBU Operations
Director.
0
31. A new section 619.202, and subsection 619.202-70 are added to read
as follows:
619.202 Specific policies.
619.202-70 The Department of State Mentor-Protege Program.
(a) Purpose. The Mentor-Protege Program is designed to motivate and
encourage firms to assist small businesses with business development,
including small disadvantaged businesses, women-owned small businesses,
HUBZone small businesses, veteran-owned small businesses and service-
disabled veteran-owned small businesses. The program is also designed
to improve the performance of DOS contracts and subcontracts, foster
the establishment of long-term business relationships between small
businesses and prime contractors, and increase the
[[Page 19334]]
overall number of small businesses that receive DOS contract and
subcontract awards. The program is limited to non-commercial item
acquisitions.
(b) Definitions. The definitions of small business (SB), HUBZone
small business concern (HUBZone), small disadvantaged business (SDB),
women-owned small business (WOSB), veteran-owned small business (VOSB),
and service-disabled veteran-owned small business (SDVOSB) are the same
as found in FAR 2.101.
Mentor means a prime contractor that elects to promote and develop
small business subcontractors by providing developmental assistance
designed to enhance the business success of the protege.
Protege means a small business, HUBZone small business, small
disadvantaged business, women-owned small business, veteran-owned small
business, or service-disabled veteran-owned small business that is the
recipient of developmental assistance pursuant to a mentor-protege
program.
(c) Non-affiliation. For purposes of the Small Business Act, a
protege firm is not considered an affiliate of a mentor firm solely
because the protege firm is receiving developmental assistance from the
mentor firm under the program.
(d) General policy. (1) Eligible business prime contractors not
included on the ``List of Parties Excluded from Federal Procurement and
Nonprocurement Programs'' that are approved as mentor firms may enter
into agreements with eligible protege.
(2) A firm's status as a protege under a DOS contract shall not
have an effect on the firm's ability to seek other prime contracts or
subcontracts.
(e) Incentives for prime contractor participation. (1) Under the
Small Business Act (15 U.S.C. 637(d)(4)(E)), DOS is authorized to
provide appropriate incentives to encourage subcontracting
opportunities for small businesses consistent with the efficient and
economical performance of the contract. This authority is limited to
negotiated acquisitions.
(2) Before awarding a contract that requires a subcontracting plan,
the existence of a mentor-protege arrangement, and performance, if any,
under an existing arrangement, may be considered by the contracting
officer in:
(i) Evaluating the quality of a proposed subcontracting plan under
FAR 19.704-5; and,
(ii) Assessing the prime contractor's compliance with the
subcontracting plans submitted in previous contracts as a factor in
determining contractor responsibility under FAR 19.705-5(a)(1).
(3) A non-monetary award may be presented annually (or as often as
appropriate) to the mentoring firm providing the most effective
developmental support of a protege. The Mentor-Protege Program Manager
will recommend an award winner to the Operations Director, A/SDBU.
(f) Measurement of program success. The success of the DOS Mentor-
Protege Program will be measured by:
(1) The increase in the number and dollar value of contracts
awarded to protege firms under DOS contracts from the date the protege
enters the program;
(2) The increase in the number and dollar value of contracts and
subcontracts awarded to the protege under other Federal agencies and
commercial contracts; and,
(3) The developmental assistance provided by the mentor firm and
the resulting increase in the technical, managerial, financial or other
capabilities of the protege firm, as reported by the protege.
(g) Eligibility of mentor firms. A mentor firm:
(1) May be either a large or small business;
(2) Must be eligible for award of U.S. Government contracts;
(3) Must be able to provide developmental assistance that will
enhance the ability of protege to perform as subcontractors; and,
(4) Will be encouraged to enter into arrangements with protege and
firms with whom they have established business relationships.
(h) Eligibility of protege firms. (1) A protege firm must be:
(i) A SB, HUBZone, SDB, WOSB, VOSB, or SDVOSB as those terms are
defined in FAR 2.101;
(ii) Small in the NAICS code for the services or supplies to be
provided by the protege to the mentor; and,
(iii) Eligible for award of U.S. Government contracts.
(2) Except for SDB and HUBZone firms, a protege firm may self-
certify to a mentor firm that it meets the requirements set forth in
paragraph (h)(1) of this subsection. Mentors may rely in good faith on
written representations by potential protege that they meet the
specified eligibility requirements. SDB status eligibility and
documentation requirements are determined by FAR 19.304. HUBZone status
eligibility and documentation requirements are determined by FAR
19.1303.
(3) Protege may have multiple mentors. protege participating in
mentor-protege programs in addition to DOS's program should maintain a
system for preparing separate reports of mentoring activity for each
agency's program.
(i) Selection of protege firms. (1) Mentor firms are solely
responsible for selecting protege firms. The mentor is encouraged to
identify and select a broad base of protege firms whose core
competencies support DOS's mission.
(2) Mentors may have multiple protege.
(3) The selection of protege firms by mentor firms may not be
protested, except that any protest regarding the size or eligibility
status of an entity selected by a mentor shall be handled in accordance
with FAR and SBA regulations.
(j) Application and agreement process for mentor-protege teams to
participate in the program. (1) Firms interested in becoming a mentor
firm shall apply in writing to A/SDBU. The application (Form DS-4053,
Department of State Mentor-Protege Program Application), shall be
evaluated by the nature and extent of technical and managerial support
proposed as well as the extent of financial assistance in the form of
equity investment, loans, joint-venture support, and traditional
subcontracting support proposed.
(2) A proposed mentor shall submit the application form and
associated information to A/SDBU.
(k) A/SDBU review of application. (1) A/SDBU shall review the
information to ensure the mentor and protege are eligible and the
information provided is complete. A/SDBU shall consult with the
contracting officer on the adequacy of the proposed mentor-protege
arrangement, and its review shall be complete no later than 30 calendar
days after receipt of the application by A/SDBU.
(2) Upon completion of the review, A/SDBU will advise the mentor if
its application is acceptable. The mentor may then implement the
developmental assistance program in accordance with the approved
agreement.
(3) The agreement defines the relationship between the mentor and
prot[eacute]g[eacute] firms only. The agreement itself does not create
any privity of contract between the mentor or prot[eacute]g[eacute] and
the DOS.
(1) Developmental assistance. The forms of developmental assistance
a mentor can provide to a prot[eacute]g[eacute] include:
(1) Management guidance relating to:
(i) Financial management;
(ii) Organizational management;
(iii) Overall business management/planning;
(iv) Business development; and,
(v) Technical assistance.
(2) Loans;
(3) Rent-free use of facilities and/or equipment;
[[Page 19335]]
(4) Property;
(5) Temporary assignment of personnel to prot[eacute]g[eacute] for
purpose of training; and,
(6) Any other types of permissible, mutually beneficial assistance.
(m) Obligation. (1) A mentor or prot[eacute]g[eacute] firm may
voluntarily withdraw from the program. However, in no event shall such
withdrawal impact the program mission and contractual requirements
under the prime contract.
(2) Mentor and prot[eacute]g[eacute] firms shall submit to A/SDBU
annual reports on program progress of the mentor-prot[eacute]g[eacute]
agreements. Large business mentors may submit these reports as part of
their SB, HUBZone, SDB, WOSB, VOSB, and SDVOSB plan submission in
accordance with the due date on the SF-295. DOS shall consider the
following in evaluating these reports:
(i) Specific actions taken by the contractor, during the evaluation
period, to increase the participation of prot[eacute]g[eacute]s as
suppliers to the U.S. Government and to commercial entities;
(ii) Specific actions taken by the mentor, during the evaluation
period, to develop the technical and corporate administrative expertise
of a prot[eacute]g[eacute] as defined in the agreement;
(iii) To what extent the prot[eacute]g[eacute] has met the
developmental objectives in the agreement; and,
(iv) To what extent the mentor firm's participation in the Mentor-
Prot[eacute]g[eacute] Program resulted in the prot[eacute]g[eacute]
receiving contract(s) and subcontract(s) from private firms and
agencies other than the DOS.
(3) The DOS A/SDBU shall submit the annual reports to the cognizant
contracting officer regarding participating prime contractor(s)
performance in the program.
(4) Mentor and prot[eacute]g[eacute] firms shall submit an
evaluation to the A/SDBU at the conclusion of the mutually agreed upon
program period, the conclusion of the contract, or the voluntary
withdrawal by either party from the program, whichever comes first.
(n) Internal controls. (1) A/SDBU shall oversee the program and
shall work with the cognizant contracting officer to achieve program
objectives.
(2) DOS may rescind approval of an existing Mentor-
Prot[eacute]g[eacute] agreement if it determines that such an action is
in the Department's best interest. The recission shall be in writing
and sent to the mentor and prot[eacute]g[eacute] firms after approval
by the A/SDBU Operations Director. Recission of an agreement does not
change the terms of the subcontract between the mentor and the
prot[eacute]g[eacute] or the prime contractor's obligations under its
subcontracting plan.
(o) Solicitation provision and contract clause. (1) The contracting
officer shall insert the provision at 652.219-72, Department of State
Mentor-Prot[eacute]g[eacute] Program, in all unrestricted solicitations
exceeding $500,000 ($1,000,000 for construction) that offer
subcontracting opportunities.
(2) The contracting officer shall insert the clause at DOSAR
652.219-73, Mentor Requirements and Evaluation, in all contracts where
the prime contractor has signed a Mentor-Prot[eacute]g[eacute]
Agreement with the Department of State.
0
32. Subpart 619.7 is amended by revising the subpart heading to read as
follows:
Subpart 619.7--The Small Business Subcontracting Program
0
33. Section 619.705-1 is revised to read as follows:
619.705-1 General support of the program.
It is the Department's policy to incorporate its current fiscal
year goals as negotiated with the SBA into all pertinent Department
solicitations, in addition to the standard subcontract clauses.
Incorporation of the goals does not require that large prime
contractors must subcontract, but does require that to the extent they
plan to subcontract, specific goals be established for doing business
with small, small disadvantaged, women-owned small, HUBZone small,
veteran-owned small, and service-disabled veteran-owned small business
firms. Where funds are available, an incentive clause such as that
found in FAR 52.219-10, Incentive Subcontracting Program, is
encouraged.
0
34. Section 619.705-3 is revised to read as follows:
619.705-3 Preparing the solicitation.
To further promote the use of small, disadvantaged, women-owned
small, HUBZone small, veteran-owned small, and service-disabled
veteran-owned small business firms by large prime contractors,
contracting officers are encouraged to consider the adequacy of the
subcontracting plans, and/or past performance in achieving negotiated
subcontract goals, as part of the overall evaluation of the technical
proposals.
0
35. Section 619.705-4 is revised to read as follows:
619.705-4 Reviewing the subcontracting plan.
A/SDBU shall review subcontracting plans to determine if small,
small disadvantaged, women-owned small, HUBZone small, veteran-owned
small, and service-disabled veteran-owned small business concerns are
afforded the maximum practicable opportunity to participate as
subcontractors. A/SDBU shall recommend to the contracting officer
changes needed to subcontracting plans found to be deficient.
0
36. Section 619.705-6-70 is amended by revising the first sentence in
paragraph (b) to read as follows:
619.705-6-70 Reporting responsibilities.
* * * * *
(b) Contracting officers shall collect subcontracting data from
contractors required to establish subcontracting plans in support of
small, small disadvantaged, women-owned small, HUBZone small, veteran-
owned small, and service-disabled veteran-owned small business
concerns. * * *
619-708-70 [Amended]
0
37. Section 619.708-70 is amended by removing the words ``and Small
Disadvantaged Business''.
619.801 [Removed]
0
38. Section 619.801 is removed.
0
39. Section 619.805-2 is amended by adding a new paragraph (a)(2) to
read as follows:
619.805-2 Procedures.
(a) * * *
(2) In accordance with a waiver approved by SBA, contract actions
for services exceeding $3 million and supplies exceeding $5 million
that supplement the security of U.S. diplomatic posts and protect the
lives of Department personnel may be awarded non-competitively.
Contracting officers do not need to compete 8(a) acquisitions as stated
when those acquisitions exceed the 8(a) competition thresholds. This
waiver is in effect for the duration of the national state of emergency
as declared by the President of the United States. If a contracting
officer has a question as to whether a particular action falls under
this waiver, the contracting officer should contact A/SDBU.
* * * * *
PART 622--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
0
40. Subpart 622.13 is amended by revising the subpart heading to read
as follows:
Subpart 622.13--Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans
0
41. Section 622.1303 is redesignated as section 622.1305. Newly
designated
[[Page 19336]]
622.1305 is amended by revising the citation ``FAR 22.1303'' at the end
of the sentence to read ``FAR 22.1305.''
0
42. Section 622.1308 is redesignated as section 622.1310. Newly
designated 622.1310 is amended by revising the citation ``FAR
22.1308(a)(2) and (c)'' at the end of the sentence to read ``FAR
22.1310(a)(1)(ii) and (a)(2).''
0
43. A new subpart 622.15, consisting of section 622.1503, is added to
read as follows:
Subpart 622.15--Prohibition of Acquisition of Products Produced by
Forced or Indentured Child Labor
622.1503 Procedures for acquiring end products on the List of Products
Requiring Contractor Certification as to Forced or Indentured Child
Labor.
(e) The contracting officer shall refer to the DOS Inspector
General for Investigation any instances where the contracting officer
has reason to believe that forced or indentured child labor was used to
mine, produce, or manufacture an end product furnished pursuant to a
contract awarded subject to the certification required in FAR
22.1503(c).
PART 623--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
44. Part 623 is amended by revising the heading to read as set forth
above.
Subpart 623.1 [Removed]
0
45. Subpart 623.1, consisting of sections 623.104 and 623.107, is
removed.
623.400 [Amended]
0
46. Section 623.400 is amended by removing the words ``made and/or
performed'' and inserting the word ``awarded'' in their place in the
second sentence.
0
47. Section 623.404 is revised to read as follows:
623.404 Agency affirmative procurement programs.
(a) The Department's affirmative procurement program has been
established by A/OPE. It is available on the A/OPE Internet and
Intranet Web sites at http://www.statebuy.state.gov/green.htm and
http://aope.a.state.gov/green2.htm, respectively.
PART 625--FOREIGN ACQUISITION
625.102 [Removed]
0
48. Section 625.102 is removed.
0
49. A new section 625.103 is added to read as follows:
625.103 Exceptions.
(a) The authority to make the determination prescribed in FAR
25.103(a) is delegated, without power of redelegation, to the head of
the contracting activity.
0
50. Section 625.105 is revised to read as follows:
625.105 Determining reasonableness of cost.
(a)(1) The authority to make the determinations prescribed in FAR
25.105(a)(1) is delegated, without power of redelegation, to the head
of the contracting activity.
625.108 [Removed]
0
51. Section 625.108 is removed.
0
52. Section 625.202 is revised to read as follows:
625.202 Exceptions.
(a)(1) The authority to make the determination prescribed in FAR
25.202(a)(1) is delegated, without power of redelegation, to the head
of the contracting activity.
625.203 [Removed]
0
53. Section 625.203 is removed.
0
54. Section 625.204 is revised to read as follows:
625.204 Evaluating offers of foreign construction material.
(b) The head of the contracting activity is the agency head for the
purposes of FAR 25.204(b).
Subpart 625.3 [Removed]
0
55. Subpart 625.3, consisting of sections 625.300, 625.300-70, 625.302,
and 625.304 is removed.
Subpart 625.7 [Removed]
0
56. Subpart 625.7, consisting of section 625.703, is removed.
PART 626--OTHER SOCIOECONOMIC PROGRAMS
0
57. Part 626, consisting of subpart 626.2 and section 626.200-70, is
removed.
Subchapter E--General Contracting Requirements
PART 628--BONDS AND INSURANCE
628.203 [Amended]
0
58. Section 628.203 is amended in paragraph (g) by removing the words
``Office of the Inspector General'' and inserting the words ``Assistant
Inspector General for Investigations'' in their place.
Subpart 628.70 [Removed]
628.7001 [Removed]
0
59. Subpart 628.70, consisting of section 628.7001, is removed.
PART 630--COST ACCOUNTING STANDARDS ADMINISTRATION
0
60. A new part 630 is added to read as follows:
PART 630--COST ACCOUNTING STANDARDS ADMINISTRATION
Subpart 630.2--CAS Program Requirements
630.201 Contract requirements.
630.201-5 Waiver.
(a) The Procurement Executive is the head of the agency for the
purposes of FAR 30.201-5(a) and (b).
PART 632--CONTRACT FINANCING
632.006-2 [Amended]
0
61. Section 632.006-2 is amended by removing the words ``Assistant
Inspector General for Investigations'' and inserting the words
``Procurement Executive'' in their place.
0
62. Subpart 632.4 is amended by revising the Subpart heading to read as
follows:
Subpart 632.4--Advance Payments for Non-Commercial Items
632.903 [Removed]
0
63. Section 632.903 is removed.
0
64. A new section 632.906 is added to read as follows:
632.906 Making payments.
(a) General. The authority to make the determination prescribed in
FAR 32.906(a) is delegated, without power of redelegation, to the head
of the contracting activity. Before making this determination, the head
of the contracting activity shall consult with the appropriate
financial office.
[[Page 19337]]
Subchapter F--Special Categories of Contracting
PART 636--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
65. Section 636.101-70 is revised to read as follows:
636.101-70 Exception.
Contracts for overseas construction, including capital
improvements, alterations, and major repairs, may be excepted where
necessary from the provisions of the FAR (48 CFR Chapter 1) under the
authority of section 3 of the Foreign Service Buildings Act of 1926, as
amended (22 U.S.C. 294). The Director/Chief Operating Officer of the
Bureau of Overseas Buildings Operations is authorized to approve such
exceptions.
0
66. Sections 636.104, 636.104-70 and 636.104-71, are added to read as
follows:
636.104 Policy.
636.104-70 Foreign Service Buildings Act of 1926, as amended.
(a) Policy. Section 11 of the Foreign Service Buildings Act of
1926, as amended (22 U.S.C. 302) limits competition for the
construction, alteration, or repair of buildings or grounds abroad
exceeding $5 million to:
(1) American-owned firms; or
(2) Firms from countries which permit or agree to permit
substantially equal access to American firms for comparable diplomatic
and consular building projects.
(b) Limitation. This participation may be permitted by or limited
to:
(1) Host-country firms where required by international agreement;
or
(2) By the laws of the host country; or
(3) Where determined by the Secretary of State to be necessary in
the interest of bilateral relations or necessary to carry out the
construction project.
(c) Evaluation preference. For purposes of determining competitive
status, American-owned firms shall receive a ten (10) percent price
preference reduction, provided that two prospective responsible
bidders/offerors submit a bid/offer.
636.104-71 Omnibus Diplomatic Security and Antiterrorism Act.
(a) Preference for United States contractors. The Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399;
22 U.S.C. 4852) limits certain construction projects abroad to United
States persons or qualified United States joint venture persons. The
Omnibus Diplomatic Security and Antiterrorism Act of 1986 applies to
the following, as determined by the Assistant Secretary for Diplomatic
Security:
(1) Diplomatic construction or design projects abroad exceeding $10
million; or,
(2) Diplomatic construction projects abroad at any dollar amount
that involve technical security, unless the project involves low-level
technology.
(b) Exception. This preference shall not apply with respect to any
diplomatic construction or design project in a foreign country whose
statutes prohibit the use of United States contractors on such
projects.
(c) Subcontracting limitation. With respect to a diplomatic
construction project, a prime contractor may not subcontract more than
50 percent of the total value of the contract for that project.
0
67. Section 636.202 is added to read as follows:
636.202 Specifications.
(d) The Director/Chief Operating Officer of the Bureau of Overseas
Building Operations is the head of the agency for the purposes of FAR
36.202(d)(3) and (4).
0
68. Section 636.513 is amended by adding the following sentence to the
end of paragraph (a):
636.513 Accident prevention.
(a) * * * The contracting officer shall confer with OBO/OM/SHEM if
there are any questions on any factors listed in paragraph (4) of the
clause, or if the contracting officer has any questions regarding
construction safety issues.
0
69. Section 636.570 is added to read as follows:
636.570 Additional DOSAR provisions.
(a) The contracting officer shall insert the provision at 652.236-
71, Foreign Service Buildings Act, As Amended, in all contracts
exceeding $5,000,000 for the construction, alteration, or repair of
buildings and grounds overseas, unless:
(1) An international agreement with or laws of the host country
government permits or limits the participation to host-country firms;
or,
(2) The Secretary of State determines that it is necessary to the
interest of bilateral relations or to carry out the project to either
permit or limit the participation to host-country firms; or,
(3) The provision at DOSAR 652.236-72 applies.
(b) The contracting officer shall insert the provision at 652.236-
72, Statement of Qualifications for the Omnibus Diplomatic Security and
Antiterrorism Act, in all diplomatic construction or design
solicitations exceeding $10 million; or, diplomatic construction
projects abroad at any dollar amount that involve technical security,
unless the project involves low-level technology, as determined by the
Assistant Secretary of Diplomatic Security.
636.602-4 [Removed]
0
70. Section 636.602-4 is removed.
PART 637--SERVICE CONTRACTING
0
71. Section 637.102 and section 637.102-70 are added to read as
follows:
637.102 Policy.
637.102-70 Special requirements for the acquisition of local guard
services overseas.
(a) Policy. Section 136 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 4864) encourages the
participation of United States persons and qualified United States
joint venture persons in local guard contracts overseas under
diplomatic security programs.
(b) Evaluation preference. For purposes of determining competitive
status, proposals of United States persons and qualified United States
joint venture persons shall receive a ten (10) percent price preference
reduction.
637.104-70 [Amended]
0
72. Section 637.104-70 is amended by removing the words ``Office of
Foreign Buildings'' and inserting the words ``Bureau of Overseas
Buildings Operations'' in their place, and by removing the words ``and
the Moscow Embassy Buildings Control Office'' in paragraph (f).
0
73. Section 637.110 is amended by adding a new paragraph (d) to read as
follows:
637.110 Solicitation provisions and contract clauses.
* * * * *
(d) The contracting officer shall insert the provision at 652.237-
73, Statement of Qualifications for Preference as a U.S. Person, in all
overseas local guard solicitations.
0
74. A new Subpart 637.6, consisting of section 637.601, is added to
read as follows:
Subpart 637.6--Performance-Based Contracting
637.601 General.
It is the Department's policy that all new service contracts be
performance-based, with clearly defined deliverables and performance
standards. Any
[[Page 19338]]
deviations from this policy shall be fully justified in writing and
approved by the Departmental Competition Advocate.
Subchapter G--Contract Management
PART 642--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
75. Section 642.271 is redesignated as section 642.272. A new section
642.271 is added to read as follows:
642.271 Government Technical Monitor (GTM).
(a) Policy. The contracting officer may appoint a Government
Technical Monitor (GTM) to assist the Contracting Officer's
Representative (COR) in monitoring a contractor's performance. The
contracting officer may appoint a GTM because of physical proximity to
the contractor's work site, or because of special skills or knowledge
necessary for monitoring the contractor's work. The contracting officer
may also appoint a GTM to represent the interests of another
requirements office or post concerned with the contractor's work. A GTM
shall be a direct-hire U.S. Government employee.
0
76. Subpart 642.15, consisting of sections 642.1503 and 642.1503-70, is
added to read as follows:
Subpart 642.15--Contractor Performance Information 642.1503
Procedures.
642.1503-70 Contractor Performance System (CPS).
(a) The Department of State subscribes to the Contractor
Performance System (CPS) maintained by the National Institutes of
Health. CPS is an Internet-based tool allowing contracting officers to
input past performance information and view past performance
information input by other contracting officers in other locations and
agencies.
(b) All DOS contracting officers with access to the Internet shall
use CPS to evaluate contractor's past performance for all contracts
exceeding $100,000, including options. Contracting officers shall also
use the CPS to evaluate the past performance of offerors on all
competitive negotiated acquisitions exceeding $100,000, including
options, unless the contracting officer documents in the contract file
why past performance is not an appropriate evaluation factor. The CPS
may also be used for evaluating acquisitions not exceeding $100,000 to
conform to the general principle of considering past performance in all
acquisitions.
(c) Form DS-1771, Contractor Past Performance Evaluation, shall be
used only:
(1) When the CPS is temporarily unavailable. When the CPS becomes
available, data from any DS-1771 created in the interim shall be
promptly entered into the CPS; or
(2) At overseas locations where access to the Internet is not
practicable.
(d) Heads of contracting activities shall send a list of the names,
work addresses, and phone numbers of all acquisition personnel whom
they wish to have access to the CPS to A/LM/AQM.
PART 651--USE OF GOVERNMENT SOURCES BY CONTRACTORS
651.701 [Amended]
0
77. Section 651.701 is amended by removing the last sentence of
paragraph (c).
Subchapter H--Clauses and Forms
PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
78. Section 652.216-70 is amended by revising the clause date and by
revising paragraph (b) to read as follows:
652.216-70 Ordering--Indefinite-Delivery Contract.
* * * * *
Ordering--Indefinite-Delivery Contract (APR 2004)
* * * * *
(b) The DS-2076, Purchase Order, Receiving Report and Voucher,
and DS-2077, Continuation Sheet.
0
79. Section 652.219-70 is revised to read as follows:
652.219-70 Department of State Subcontracting Goals.
As prescribed in 619.708-70, insert a provision substantially the
same as follows:
Department of State Subcontracting Goals (APR 2004)
(a) The offeror shall provide a Small, Small Disadvantaged,
Woman-Owned Small, HUBZone Small, and Service-Disabled Veteran-Owned
Small Enterprise Subcontracting Plan that details its approach to
selecting and using Small, Small Disadvantaged, Woman-Owned Small,
HUBZone Small, and Service-Disabled Veteran-Owned Small Business
Enterprises.
(b) For the fiscal year [insert appropriate fiscal year], the
Department's subcontracting goals are as follows:
(1) Goal for subcontracting to SB:
-----------------------------------------------------------------------
(2) Goal for subcontracting to SDB:
-----------------------------------------------------------------------
(3) Goal for subcontracting to SWB:
-----------------------------------------------------------------------
(4) Goal for subcontracting to HUBZone Firms:
-----------------------------------------------------------------------
(5) Goal for subcontracting to SDVO:
-----------------------------------------------------------------------
(6) Omnibus goals (if applicable):
-----------------------------------------------------------------------
(i) 10% to minority business
(ii) 10% to small business
(End of provision)
0
80. Section 652.219-72 is added to read as follows:
652.219-72 Department of State Mentor-Protege Program.
As prescribed in 619.202-70(o)(1), insert the following provision:
Department of State Mentor-Protege Program (APR 2004)
(a) Large and small businesses are encouraged to participate in
the Department of State Mentor-Protege Program. Mentor firms provide
eligible small business proteges with developmental assistance to
enhance their business capabilities and ability to obtain Federal
contracts.
(b) Mentor firms are large prime contractors or eligible small
businesses capable of providing developmental assistance. Protege
firms are small businesses, as defined in 13 CFR parts 121, 124, and
126.
(c) Developmental assistance is technical, managerial,
financial, and other mutually beneficial assistance that aids
proteges. Firms interested in participating in the program are
encouraged to contact the Department of State OSDBU for further
information.
(End of provision)
0
81. Section 652.219-73 is added to read as follows:
652.219-73 Mentor Requirements and Evaluation.
As prescribed in 619.202-70(o)(2), insert the following clause:
Mentor Requirements and Evaluation (APR 2004)
(a) Mentor and protege firms shall submit an evaluation to the
Department of State's OSDBU at the conclusion of the mutually agreed
upon program period, the conclusion of the contract, or the
voluntary withdrawal by either party from the program, whichever
occurs first. At the conclusion of each year in the mentor-protege
program, the prime contractor and protege will formally brief the
Department of State Mentor-Protege Program Manager regarding program
accomplishments under their mentor-protege agreement.
(b) A mentor or protege shall notify the OSDBU and the
contracting officer, in writing, at least 30 calendar days in
advance of the effective date of the firm's withdrawal from the
program. A mentor firm shall notify the OSDBU and the contracting
officer upon receipt of a prot[eacute]g[eacute]'s notice of
withdrawal from the program.
(End of clause)
652.226-70 [Removed]
0
82. Section 652.226-70 is removed.
[[Page 19339]]
652.228-70 [Removed and Reserved]
0
83. Section 652.228-70 is removed and reserved.
0
84. Section 652.236-70 is amended--
0
(a) By revising the date of the clause;
0
(b) By revising paragraph (a)(4) to read as set forth below; and,
0
(c) By revising paragraph (d)(1) to read as set forth below:
652.236-70 Accident Prevention.
* * * * *
Accident Prevention (APR 2004)
(a) * * *
(4) For overseas construction projects, the contracting officer
shall specify in writing additional requirements regarding safety if
the work involves:
(i) Scaffolding;
(ii) Work at heights above two (2) meters;
(iii) Trenching or other excavation greater than one (1) meter
in depth;
(iv) Earth moving equipment;
(v) Temporary wiring, use of portable electric tools, or other
recognized electrical hazards. Temporary wiring and portable
electric tools require the use of a ground fault circuit interrupter
(GFCI) in the affected circuits; other electrical hazards may also
require the use of a GFCI;
(vi) Work in confined spaces (limited exits, potential for
oxygen less than 19.5 percent or combustible atmosphere, potential
for solid or liquid engulfment, or other hazards considered to be
immediately dangerous to life or health such as water tanks,
transformer vaults, sewers, cisterns, etc.);
(vii) Hazardous materials--a material with a physical or health
hazard including but not limited to, flammable, explosive,
corrosive, toxic, reactive or unstable, or any operations which
creates any kind of contamination inside an occupied building such
as dust from demolition activities, paints, solvents, etc.; or
(viii) Hazardous noise levels.
* * * * *
(d)* * *
(1) Submit a written plan to the contracting officer for
implementing this clause. The plan shall include specific management
or technical procedures for effectively controlling hazards
associated with the project; and,
* * * * *
0
85. Section 652.236-71 is added to read as follows:
652.236-71 Foreign Service Buildings Act, as Amended.
As prescribed in 636.570(a), insert the following provision:
Foreign Service Buildings Act, as Amended (APR 2004)
(a) This solicitation is subject to Section 11 of the Foreign
Service Buildings Act of 1926, as amended (22 U.S.C. 302). This
statute limits competition under this solicitation to:
(1) American-owned firms, as described in paragraph (b) of this
provision; and,
(2) Firms from countries that permit or agree to permit
substantially equal access to American firms for comparable
diplomatic and consular building projects.
(b) To qualify as an American-owned firm for purposes of this
solicitation, the bidder/offeror must demonstrate evidence of:
(1) Performance of similar construction work in the United
States; and
(2) Either--
(i) Ownership in excess of 50% by U.S. citizens or permanent
residents; or
(ii) Incorporation in the United States for more than three (3)
years and employment of U.S. citizens or permanent residents in more
than half of the company's permanent full-time professional and
managerial positions in the United States.
(c) For purposes of determining competitive status, offers
submitted by American-owned firms shall be reduced by ten (10)
percent, provided that two responsible bidders/offerors submit a
bid/offer.
(d) Evidence of qualification. (1) Performance of similar
construction work in the United States. The bidder/offeror must
describe below one or more similar projects completed in the United
States. For each project, provide the following information:
Location:--------------------------------------------------------------
(City and State)-------------------------------------------------------
Complexity:------------------------------------------------------------
-----------------------------------------------------------------------
(Office building, etc.)
Type of construction:--------------------------------------------------
Value of project:------------------------------------------------------
Location:--------------------------------------------------------------
(City and State)-------------------------------------------------------
Complexity:------------------------------------------------------------
-----------------------------------------------------------------------
(Office building, etc.)
Type of construction:--------------------------------------------------
Value of project:------------------------------------------------------
Location:--------------------------------------------------------------
(City and State)-------------------------------------------------------
Complexity:------------------------------------------------------------
-----------------------------------------------------------------------
(Office building, etc.)
Type of construction:--------------------------------------------------
Value of project:------------------------------------------------------
If the bidder/offeror's participation was as a partner or co-
venture, indicate the percentage of the project performed by the
bidder/offeror: ------ %
(2) Corporate location or ownership.
(i) The bidder/offeror certifies that it [squ] is [squ] is not
owned in excess of fifty (50) percent by United States citizens or
permanent residents.
(ii) The bidder/offeror certifies that it [squ] has [squ] has
not been incorporated in the United States for more than three years
and that it [squ] employs [squ] does not employ United States
citizens or permanent residents in more than half of its permanent
full-time professional and managerial positions in the United
States.
(e) By signing this bid/offer, the bidder/offeror certifies to
the best of its knowledge, all of the representations and
certifications provided in this provision are accurate, current and
complete. (End of provision)
0
86. Section 652.236-72 is added to read as follows:
652.236-72 Statement of Qualifications for the Omnibus Diplomatic
Security and Antiterrorism Act.
As prescribed in 636.570(b), insert the following provision:
Statement of Qualifications for the Omnibus Diplomatic Security and
Antiterrorism Act (APR 2004)
(a) This solicitation is subject to Section 402 and Section
406(c) of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (P.L. 99-399; 22 U.S.C. 4852). The Act limits certain
construction projects abroad to United States persons or United
States joint venture persons, and excludes organizations that have
business arrangements with Libya. This Statement of Qualifications
shall be used to determine if a bidder/offeror meets the definition
of a ``United States person'' or a ``United States joint venture
person'' and whether they have any business arrangements with Libya
that may disqualify them from participating in this solicitation.
(b) Definition. As used in this provision--
U.S. person means a company, partnership, or joint venture that
the Government determines, after consideration of all available
information, including but not limited to that provided by the
bidder/offeror in response to this solicitation, to be qualified
pursuant to Section 402.
(c) Representation. The bidder/offeror represents as part of its
bid/offer that it [squ] does [squ] does not meet the qualifications
as a U.S. person as set forth in Section 402 of the Act.
[Complete a Statement of Qualifications for Purposes of
Determining Status as a U.S. Person if the offeror represents that
it is eligible. See paragraph (d) of this provision.]
Warning: Any material misrepresentation made in the Statement of
Qualifications may be the basis for disqualification of a bidder/
offeror and reference for consideration of suspension or debarment
or for prosecution under Federal law (cf. 18 U.S.C. 1001). Bidder/
offeror qualifications will be determined primarily on the basis of
information submitted in the Statement of Qualifications, including
attachments thereto, but the Government may, at its discretion, rely
on information contained elsewhere in the bidder's/offeror's bid/
proposal or obtained from other sources.
(d) Statement of Qualifications for Purposes of Determining
Status as a U.S. Person (22 U.S.C. 4852). A bidder/offeror that
represents that it is a U.S. person must provide the following
information.
Statement of Qualifications for Purposes of Determining Status
as a U.S. Person (22 U.S.C. 4852)
Name and address of U.S. person organization providing this
information:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
Introduction. Section 402 of the Omnibus Diplomatic Security and
Antiterrorism Act (Public Law 99-399) provides that a ``United
States person'' or a ``qualified United States joint venture'' must
meet certain requirements, listed in sections 402(c)(2) and (3) of
the Act, to be eligible to compete. To assist business entities to
determine whether
[[Page 19340]]
they qualify as a U.S. person or U.S. joint venture person, guidance
is hereby provided. For ease of reference, the statutory language is
quoted immediately before the definitions that apply to it. Space
for the required information is provided immediately following each
definition.
Note: The Statement of Qualifications shall provide information
correctly applicable to the U.S. person whose qualifications are
being certified, and shall not include information pertaining to
corporate affiliates or subsidiaries. Organizations that wish to use
the experience or financial resources of any other legally dependent
organization or individual, including parent companies,
subsidiaries, or other related organizations, must do so by way of a
joint venture. A prospective bidder/offeror may be an individual
organization or firm, a formal joint venture in which the co-
venturers have reduced their arrangement to writing, or a de facto
joint venture where no formal agreement has been reached, but the
offering entity relies upon the experience of a related U.S. firm
that guarantees performance. To be considered a ``qualified United
States joint venture person,'' the joint venture must have at least
one firm or organization that itself meets all the requirements of a
U.S. person listed in Section 402. By signing this bid/proposal, the
U.S. person co-venturer agrees to be individually responsible for
performance of the contract, notwithstanding the terms of any joint
venture agreement.
1. Section 402(c)(2)(A): ``The term `United States person' means
a person which--(A) is incorporated or legally organized under the
laws of the United States, including the District of Columbia, and
local laws.''
Definitions for purposes of Section 402 determinations of
eligibility--
Incorporated means the successful de jure incorporation of a
business organization pursuant to the laws of any United States
jurisdiction or component thereof.
Legally organized means the legally recognized existence of an
organization other than a de jure corporation (e.g., a partnership)
under the laws of any United States jurisdiction or component
thereof. Only organizations that have a legal status, including the
right to bring suit, to sign contracts, and to hold property under
the law of the jurisdiction where they are doing business will
qualify as legally organized. A natural person who is a United
States citizen acting in his or her entrepreneurial capacity will be
deemed to be a ``person legally organized'' within the scope of this
definition, provided that the prospective bidder/offeror holds all
required licenses to do business in the jurisdiction where he or she
is located.
United States means any jurisdiction that is one of the fifty
States, the District of Columbia, a United States territory, a
United States possession, or the Commonwealths of Puerto Rico and
the Northern Mariana Islands.
Question 1. The organization seeking eligibility under Section
402 is [ballot] incorporated or is [ballot] legally organized under
the laws of what jurisdiction?
-----------------------------------------------------------------------
2. Section 402(c)(2)(B): ``The term `United States person' means
a person which--(B) has its principal place of business in the
United States.''
Definitions for purposes of Section 402 determinations of
eligibility--
Principal place of business means the main location of the
prospective bidder/offeror. For purposes of this section, a
prospective bidder/offeror shall identify only one principal place
of business, and such location shall include at least the offices of
the chief operating officer and headquarters staff. The named
location must be a United States jurisdiction from which a tax
return has been filed or will be filed during the calendar year in
which the prospective bidder/offeror submits this bid/offer.
United States means any jurisdiction that is one of the fifty
States, the District of Columbia, a United States territory, a
United States possession, or the Commonwealths of Puerto Rico and
the Northern Mariana Islands.
Question 2(a). The organization seeking eligibility has its
principal place of business in what city and state?
-----------------------------------------------------------------------
Question 2(b). What kind of tax return was or will be filed, and
in what jurisdiction, during the current calendar year?
(i) Jurisdiction:-----------------------------------------------------
(e.g., federal, state, city)
(ii) Type of return (e.g., income tax, franchise tax, etc.).
Include all that apply:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
3. Section 402(c)(2)(C): ``The term `United States person' means
a person which has been incorporated or legally organized in the
United States--
(i) for more than 5 (five) years before the issuance date of the
invitation for bids or request for proposals with respect to a
construction project under subsection (a)(1); and,
(ii) for more than 2 (two) years before the issuance date of the
invitation for bids or request for proposals with respect to a
construction or design project abroad that involves technical
security under subsection (a)(2).''
Definitions for purposes of Section 402 determinations of
eligibility--
Has been incorporated or legally organized means that the
organization can show continuity as an ongoing business.
Organizations that have changed only their names meet the continuity
requirement of this subsection. Organizations that have been bought,
sold, merged, or otherwise substantially altered or enlarged their
principal business activities will have the burden of proving that
there have been ongoing operations by the same business entity for
the required period of time. If the successor entity has acquired
all of the assets and liabilities of the predecessor business and
the predecessor business has no further existence, the successor may
claim the incorporation date of the predecessor. In any other
circumstance, the prospective bidder/offeror must show that the law
of the jurisdiction in which it operates regards the prospective
bidder/offeror as the complete successor in interest of the
predecessor business for purpose of contractual obligations.
Issuance date means the date in Block 3 of the Standard Form
1442 accompanying this solicitation.
Years means calendar years measured from day of the month to day
of the month. For example, January 1, 2002 through December 31, 2002
is one calendar year, as is July 1, 2002 through July 1, 2003.
Question 3:
(i) On what date was the organization seeking eligibility
incorporated or legally organized? ----------------
(ii) If this date is less than the required number of years
before the issuance date, on the basis of what documentation does
the organization seeking eligibility claim that it has been in
business for the requisite period of time? ----------------
(Identify, and forward copies as an Attachment to this Statement.
This material may include such items as certificates of
incorporation, partnership agreements, resolutions of boards of
directors, etc.).
4. Section 402(c)(2)(D): ``The term `United States person' means
a person which has performed within the United States or at a United
States diplomatic or consular establishment abroad administrative
and technical, professional, or construction services similar in
complexity, type of construction, and value to the contract being
bid.''
Definitions for purposes of Section 402 determination of
eligibility--
Administrative and technical, professional, or construction
services means the kind of work in which the prospective bidder/
offeror is interested. If the proposed contract is for construction
management services, the prospective bidder/offeror will be expected
to demonstrate construction management expertise. In general,
``administrative'' means the capacity or ability to manage;
``technical'' means the specific skills peculiar to the type of work
required; ``professional'' means expert services resulting from
advanced training in the type of work required; and ``construction''
experience if it has not directly performed all of the actual
construction activities. Thus, an entity whose only construction
work experience was performed by its legally distinct subsidiary or
parent will not be considered to have construction experience.
Complexity means the physical size and technical size and
demands of the project. ``Performed'' means projects that have been
fully completed by the prospective bidder/offeror and accepted by
the owner or other party to the transaction. Projects still in
progress have not yet been performed for purposes of this
definition.
Type of construction means the overall nature of the facilities
to be built, including the kinds of materials to be used. Thus, if
the contract will require the construction of a multi-story office
building, the prospective bidder/offeror will be expected to
demonstrate experience with facilities of this type.
Value means the total contract price of the project, not to the
profit or loss to the bidder/offeror.
Within the United States means a United States jurisdiction that
is the place where the
[[Page 19341]]
subject matter of the contract or other arrangement was in fact
completed. It does not mean the place where the contract or other
arrangement was negotiated or signed. The term ``United States''
means any jurisdiction that is one of the 50 states, the District of
Columbia, a United States territory, a United States possession, or
the Commonwealth of Puerto Rico and the Northern Mariana Islands.
Question 4: List on this page, and an attachment (if necessary),
one or more similar projects completed by the prospective bidder/
offeror. For each project, provide the following information:
-----------------------------------------------------------------------
Location:
(City and State, or Country)
-----------------------------------------------------------------------
Type of service:
(administrative, etc.)
-----------------------------------------------------------------------
Complexity:
(office building, etc.)
-----------------------------------------------------------------------
Type of construction:
-----------------------------------------------------------------------
Value of project:
If the prospective bidder/offeror's participation was as a
partner or co-venturer, indicate the percentage of the project
performed by the prospective offeror: ------------------ %
5. Section 402(c)(2)(E): ``The term `United States person' means
a person which--with respect to a construction project under
subsection (a)(1)--has achieved a total business volume equal to or
greater than the value of the project being bid in 3 years of the 5-
year period before the date specified in subparagraph (C)(i).''
Definitions of purposes of Section 402 determination of
eligibility--
3 years of the 5-year period before the date specified in
subparagraph (C)(i) means the three to five calendar year period
immediately preceding the issuance date of this solicitation.
Total business volume means the U.S. dollar value of the gross
income or receipts reported by the prospective bidder/offeror on its
annual federal income tax returns.
Years means the business year of the prospective bidder/offeror,
as reflected on its annual federal income tax returns.
Question 5: Please complete the information below for at least
three of the five listed years.
The gross receipts for the business year: (list year and
amount).
The gross receipts for the business year: (list year and
amount).
The gross receipts for the business year: (list year and
amount).
The gross receipts for the business year: (list year and
amount).
The gross receipts for the business year: (list year and
amount).
6. Section 402(c)(2)(F): ``The term `United States person' means
a person which--(i) employs United States citizens in at least 80
percent of its principal management positions in the United States;
(ii) employs United States citizens in more than half of its
permanent, full-time positions in the United States; and (iii) will
employ United States citizens in at least 80 percent of the
supervisory positions on the foreign buildings office project
site.''
Definitions for purposes of Section 402 determinations of
eligibility--
In the United States refers to those positions that the
prospective bidder/offeror maintains within all jurisdictions which
are one of the 50 states, the District of Columbia, a United States
territory, a United States possession, or the Commonwealths of
Puerto Rico and the Northern Mariana Islands.
Permanent, full-time positions means positions with the
prospective bidder/offeror that are intended to be indefinite, as
opposed to limited, seasonal, or project-duration periods. The term
`full-time' refers to positions in which the occupants are expected
to and ordinarily work 40 hours a week. The term `permanent, full-
time positions' covers the portion of the prospective bidder's/
offeror's workforce that continues to be employed without regard to
the fluctuating requirements of production or projects.
Principal management positions refers to chief operating officer
and those management officials reporting directly to him or her. In
the case of a partnership, the term refers to every general partner.
In the case of a corporation, the term refers to those officers of
the corporation who are active in running its day-to-day operations.
Members of corporation boards of directors who do not have
operational responsibilities do not occupy ``principal management
positions'' simply by virtue of their service on the board. In all
cases, the term ``principal management positions'' also includes the
position or positions held by the individual or individuals who will
have primary corporate management oversight responsibility for this
contract if the prospective bidder/offeror is awarded the contract.
Each prospective bidder/offeror is responsible for listing all of
its principal management positions and identifying their current
occupants by name and citizenship.
Supervisory positions means all positions with significant
authority to direct the work of others as well as those for which
access to classified or controlled documents is required. Such
positions will be identified in each contract.
United States citizen means natural persons with United States
citizenship by virtue either of birth or of naturalization.
Question 6(a): The bidder/offeror has the following staff:
(i) Principal management positions in the United States:
Chief Operating Officer:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
(ii) For each individual reporting directly to the above-named
Chief Operating Officer, list position, name, and citizenship:
-----------------------------------------------------------------------
Position:
-----------------------------------------------------------------------
Name:
-----------------------------------------------------------------------
Citizenship:
(iii) Individual(s) expected to have primary management
oversight responsibility for contract if it is awarded:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
Question 6(b): Number of permanent, full-time positions in the
United States: --------
Question 6(c): Number of United States citizens currently
employed in permanent, full-time positions in the United States: --
------
Question 6(d): Certification of intent to employ U.S. citizens
in a minimum of 80 percent of the supervisory positions identified
by the Government on this project:
I so certify:----------------------------------------------------------
(signature)
-----------------------------------------------------------------------
(name typed or printed)
-----------------------------------------------------------------------
(position)
-----------------------------------------------------------------------
(date)
7. Section 402(c)(2)(G): ``The term `United States person' means
a person which has the existing technical and financial resources in
the United States to perform this contract.''
Definitions for purposes of Section 402 determinations of
eligibility--
Existing technical and financial resources means the capability
of the prospective bidder/offeror to mobilize adequate staffing and
monetary arrangements from within the United States sufficient to
perform the contract. Adequate staffing levels may be demonstrated
by presenting the resumes of current United States citizens and
resident aliens with skills and expertise necessary for the work in
which the prospective bidder/offeror is interested or some other
indication of available United States citizen or permanent legal
resident human resources. Demonstration of adequate financial
resources must be issued by entities that are subject to the
jurisdiction of United States courts and have agents located within
the United States for acceptance of service of process.
Question 7: Submit, as an Attachment to this Statement,
materials demonstrating existing technical and financial resources
in the United States.
8. Section 402(c)(3): ``The term `qualified United States joint
venture person' means a joint venture in which a United States
person or persons owns at least 51 percent of the assets of the
joint venture.''
Definitions for purposes of Section 402 determinations of
eligibility--
Assets means tangible and intangible things of value conveyed or
made available to the joint venture by the co-venturers.
Joint venture means a formal or de facto arrangement by and
through which two or more persons or entities associate for the
purpose of carrying out the prospective contract. Prospective
bidders/offerors are advised that a joint venture may not be
acceptable to projects requiring a Department of Defense facility
security clearance because each co-venturer may post particular
problems in obtaining security clearances. To be acceptable, all
members of a joint venture must be individually and severally liable
for
[[Page 19342]]
the full performance of and resolution of any and all matters
arising out of the contract, notwithstanding any provision of the
joint venture agreement of law of the jurisdiction under which the
joint venture was created.
Question 8(a): The bidder/offeror [ballot] is [ballot] is not a
joint venture.
Question 8(b): If the bidder/offeror is a joint venture, the
U.S. person participant is:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(address)
Question 8(c): If the bidder/offeror is a joint venture, the
names and countries of citizenship for all co-venturers are as
follows:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
Question 8(d): If the bidder/offeror is a joint venture, the
U.S. person will own at least 51 percent of the assets of the joint
venture.
I so certify:----------------------------------------------------------
(signature)
-----------------------------------------------------------------------
(name typed printed)
-----------------------------------------------------------------------
(position)
-----------------------------------------------------------------------
(title)
9. Libya. Section 406(c) states ``No person doing business with
Libya may be eligible for any contract awarded pursuant to this
Act.''
Definitions for purposes of Section 406 eligibility--
Contract awarded establishes a time frame for the bar on doing
business with Libya. The time during which a relationship with Libya
is prohibited begins on the date the Section 406 information is
submitted. For bidders/offerors not selected for contract award, the
prohibition ceases on the date of award. For the bidder/offeror that
is awarded the contract, the bar continues through the life of the
contract, ending on the date of final acceptance of the work.
Doing business means all transactions of any kind agreed to or
performed after the earlier of the date on which a bid/proposal is
submitted to the Department of State under this solicitation or on
which the contract, subcontract, program, or other arrangement with
the Department of State is awarded or becomes effective. Any
transaction commenced prior to the date of submittal or award and
not yet completed must be reported. Transactions that call for
continued or future performance shall be disqualifying. Transactions
that have been completely performed but for which payment has not
yet been made must be reported, but shall not be disqualifying
unless any event other than payment of a previously-agreed upon sum
occurs. Examples of disqualifying actions include any pending
litigation arising out of business transactions with Libya,
renegotiation of the terms of a loan, and refinancing an amount owed
or owing.
Person means any individual or legal entity, whether U.S. or
foreign. Subcontractors and others who do not have a direct
contractual relationship with the United States are not covered by
this section.
With Libya means transactions between any person and the
Government of Libya, government entities of Libya, or any other
organization wholly owned or effectively controlled by the
Government of Libya. It is the responsibility of the entity
submitting Section 406 information to disclose existing
relationships with the entities that it has reasonable grounds to
believe are or may be Libyan. In case of doubt or dispute, the
Department of State shall determine, at its sole discretion, whether
any organization is a governmental entity of Libya, wholly owned by
the Government of Libya, or effectively controlled by the Government
of Libya.
Certification
Based on the foregoing, I hereby certify on behalf of this
organization that it [ballot] is [ballot] is not doing business with
Libya as those terms are used in Section 406(c) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.
(e) Signature: By signing this document, the offeror indicates
that to the best of his or her knowledge, all of the representations
and certifications provided in response to the questions contained
in this Statement of Qualifications are accurate, current, and
complete and that the offeror is aware of the penalty prescribed in
18 U.S.C. 1001 for making false statements.
(End of provision)
0
87. Section 652.237-71 is revised to read as follows:
652.237-71 Identification/Building Pass.
As prescribed in 637.110(b), insert the following clause.
Identification/Building Pass (APR 2004)
(a) Contractors working in domestic facilities who already
possess a security clearance.
(1) The contractor shall obtain a Department of State building
pass for all employees performing under this contract who require
frequent and continuing access to Department of State facilities.
The Bureau of Diplomatic Security, Office of Domestic Facilities
Protection, shall issue passes. They shall be used for the purpose
of facility access only, and shall not be used for any other
purpose.
(2) The contractor shall submit a Visitor Authorization Request
(VAR) Letter to the Bureau of Diplomatic Security, Information
Security Programs Division, Industrial Security Branch (DS/ISP/INB)
on its cleared employees containing the following information:
(i) Contractor employee's full name, social security number, and
date of birth;
(ii) Contractor's company name;
(iii) Security clearance level;
(iv) Date the clearance was granted;
(v) Name of the contractor's Facility Security Officer;
(vi) Contracting Officer's Representative (COR); and,
(vii) Contract number.
(3) DS/ISP/INB shall process and approve the VAR letter, if
appropriate. The approved VAR letter shall be forwarded to the
contractor for their records.
(4) The contractor employee shall hand-carry the following
documentation to the Building Pass Office, Department of State, 520
23rd Street, courtyard of Columbia Plaza, Washington, DC:
(i) A Department of State sponsorship letter from the COR,
addressing the following:
(A) The purpose for which the pass is being requested;
(B) The employee's valid security clearance level (reflected on
the VAR);
(C) Contract number and period of performance;
(D) Type of access (24/7, normal business hours, escort
authority or no escort authority granted); and
(E) Expiration date of building pass (1 year or 3 years);
(ii) Letter on company letterhead to accompany the application,
containing the following information:
(A) The purpose for which the pass is being requested;
(B) Verification of employment;
(C) The employee's valid security clearance level; and,
(D) Contract number and period of performance;
(iii) The DS-1838, Request for Building Pass Identification
Card.
(b) Contractors working in domestic facilities where security
clearances are not required.
(1) The contractor shall obtain a Department of State building
pass for all employees performing under this contract who require
frequent and continuing access to Department of State facilities.
The Bureau of Diplomatic Security, Office of Domestic Facilities
Protection, shall issue passes. They shall be used for the purpose
of facility access only, and shall not be used for any other
purpose.
(2) The contractor shall submit the following paperwork, in
original, to the Bureau of Diplomatic Security, Information Security
Programs Division, Industrial Security Branch (DS/ISP/INB):
(i) SF-85P, Questionnaire for Public Trust Positions;
(ii) SF-85P/S, Supplemental Questionnaire for Selected
Positions; and,
(iii) DOS Credit Release, which may be obtained from DS/ISP/INB
via mail or facsimile.
(3) DS/ISP/INB shall conduct a preliminary background check. If
the background check is favorable, DS/ISP/INB will forward a letter
to the company Facility Security Officer (FSO) notifying them that
the individual may proceed to the Building Pass Office to continue
the badging process. DS/ISP/INB will forward a copy of this letter
to the Building Pass Office.
(4) When a contractor employee is approved to receive a building
pass, he/she shall hand-carry the following documentation to the
Contractor Building Pass Office, Department of State, 520 23rd
[[Page 19343]]
Street, NW., courtyard of Columbia Plaza, NW., Washington, DC.:
(i) A Department of State sponsorship letter from the COR,
addressing the following:
(A) The purpose for which the pass is being requested;
(B) Whether or not the employee has a valid security clearance;
(C) Contract number and period of performance;
(D) Type of access (24/7, normal business hours, escort
authority or no escort authority granted); and
(E) Expiration date of building pass (1 year or 3 years);
(ii) DS Form 1838, Request for Building Pass Identification
Card;
(iii) Letter on company letterhead to accompany the application,
containing the following information:
(A) The purpose for which the pass is being requested;
(B) Verification of employment;
(C) Whether or not the applicant has a valid security clearance;
and,
(D) Contract number and period of performance;
(iv) Original SF-85P or a copy of the SF-85P, with an original
signature and current date;
(v) Original SF-85P/S or a copy of the SF-85P/S, with an
original signature and current date;
(vi) Copy of the DOS Credit Release, with an original signature
and current date; and,
(vii) Original proof of U.S. citizenship, such as a birth
certificate or valid U.S. passport. Non-U.S. citizens must submit a
valid photo Immigration and Naturalization Service Employment
Authorization Document (INS EAD).
(5) Applicants shall be fingerprinted at the Building Pass
Office and the process for a building pass shall be initiated. The
approval process shall take at least 48 hours. Applicants shall not
return to the Building Pass Office until they receive notification
from DS/ISP/INB that the process is complete. Once DS/ISP/INB
receives notification from the Building Pass Office that a building
pass can be issued, DS/ISP/INB shall notify the FSO and the COR that
the applicant has been approved for initial contract performance.
(c) Contractors working in overseas facilities. Contractors
shall submit appropriate documentation to obtain building passes as
specified in the contract.
(d) All contractor employees, both domestic and overseas, shall
wear the passes in plain sight at all times while in Department of
State buildings. All contractor employees shall show their passes,
where appropriate, when entering these buildings and upon request of
uniformed guards or any other authorized personnel.
(e) All passes shall be returned to the COR upon separation of
the employee, or expiration or termination of the contract. Final
payment under this contract shall not be made until all passes are
returned to the COR.
(End of clause)
0
88. Section 652.237-72 is amended by revising the date of the clause to
read ``(APR 2004)'' and by removing the words ``the preceding Friday is
observed; when any such day falls on a Sunday'' and by inserting the
words ``or Sunday'' in their place in the first sentence of paragraph
(b).
0
89. Section 652.237-73 is added to read as follows:
652.237-73 Statement of Qualifications for Preference as a U.S.
Person.
As prescribed in 637.110(d), insert the following provision:
Statement of Qualifications for Preference as a U.S. Person (APR 2004)
(a) This solicitation is subject to Section 136 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4864). The Act encourages the participation of United States persons
and qualified United States joint venture persons in the provision
of local guard services overseas, and provides for a preference for
eligible offers.
(b) Definitions. As used in this provision--
Eligible offer means an offer that (1) is otherwise responsive
to the solicitation; and (2) contains a fully prepared Statement of
Qualifications (see paragraph (d) of this provision), which upon
review is determined by the Government to meet the requirements of
Section 136 for assignment of preference as a U.S. person.
Preference means subtraction by the Government of ten percent
(10%) from the total evaluated price of an offer.
U.S. person means a company, partnership, or joint venture that
the Government determines, after consideration of all available
information, including but not limited to that provided by the
offeror in response to the solicitation, to be qualified for
assignment of preference pursuant to Section 136.
(c) Representation. The offeror represents as part of its offer
that it [ballot] is, [ballot] is not eligible for preference as a
U.S. person. [Complete a Statement of Qualifications for Purposes of
Obtaining Preference as a U.S. Person if the offeror represents that
it is eligible. See paragraph (d) of this provision.]
Warning: Any material misrepresentation made in the Statement of
Qualifications may be the basis for disqualification of an offeror
and reference for consideration of suspension or debarment or for
prosecution under Federal law (cf. 18 U.S.C. 1001). The Government
will determine offeror qualifications primarily on the basis of
information submitted in the Statement of Qualifications, including
Attachments thereto, but the Government may, at its discretion, rely
on information contained elsewhere in the offeror's proposal or
obtained from other sources.
(d) Statement of Qualifications for Purposes of Obtaining
Preference as a U.S. Person (22 U.S.C. 4864). An offeror that
represents that it is eligible for preference as a U.S. person must
provide the following information. This Statement of Qualifications
must be a complete and certified document, and submitted as a
separate Volume 5, with all necessary attachments, as defined in
Section L of this solicitation.
Statement of Qualifications for Purposes of Obtaining Preference as a
U.S. Person (22 U.S.C. 4864)
Name and address of U.S. person or organization providing this
information:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
Introduction. Section 136 of the Foreign Relations Authorization
Act for Fiscal Years 1990 and 1991, Public Law 101-246 (22 U.S.C.
4864), as amended, provides that a ``United States person'' or a
``qualified United States joint venture'' must meet certain
requirements, listed in the Act, to be eligible for the statutory
preference. To assist business entities to determine whether they
qualify as a U.S. person or U.S. joint venture person entitled to
preference under Section 136, guidance is hereby provided. Only
those prospective offerors submitting a properly completed and
certified Volume 5 with their initial proposals will be considered
in the determination of eligibility for assignment of preference as
a U.S. person or U.S. joint venture person. For ease of reference,
statutory language is quoted immediately before the definitions that
apply to it. Space for the required information is provided
immediately following each definition.
Note: The Statement of Qualifications shall provide information
correctly applicable to the U.S. person whose qualifications are
being certified, and shall not include information pertaining to
corporate affiliates or subsidiaries. Organizations that wish to use
the experience or financial resources of another organization or
individual, including parent companies, subsidiaries, or local,
national or offshore organizations, must do so by way of a joint
venture. The contract resulting from this solicitation shall not
allow subcontracting. A prospective offeror may be a sole
proprietorship, a formal joint venture in which the co-venturers
have reduced their arrangement to writing, or a de facto joint
venture with no written agreement. To be considered a ``qualified
joint venture person,'' the joint venture must have at least one
firm or organization that itself meets all the requirements of a
U.S. joint venture person listed in Section 136. By signing this
proposal, the U.S. person co-venturer agrees to be individually
responsible for performance of the contract, notwithstanding the
terms of any joint venture agreement.
1. Section 136(d)(1): ``The term `United States person' means a
person which--(A) is incorporated or legally organized under the
laws of the United States, including the laws of any State,
locality, or the District of Columbia.''
Definitions for purposes of Section 136 determinations of
eligibility--
Incorporated means the state of legal recognition as an
artificial person that may be afforded to a business entity pursuant
to the laws of any United States jurisdiction or component thereof.
Legally organized means the state of legal recognition that may
be afforded to a business entity that is other than a corporation
pursuant to the laws of any United States jurisdiction or component
thereof. This is the least form of legal
[[Page 19344]]
recognition that will qualify an offeror for this preference. Only
those prospective offerors that have legal status, including the
right to bring suit, to sign contracts, and to hold property under
the law of the jurisdiction under which they are doing business will
qualify as legally organized. A natural person who is a United
States citizen acting in his or her entrepreneurial capacity will be
deemed to be a ``person legally organized'' within the scope of this
definition, provided that the prospective offeror holds all required
licenses to do business in the jurisdiction where he or she is
located.
United States means any jurisdiction that is one of the fifty
States, the District of Columbia, a United States territory, a
United States possession, or the Commonwealth of Puerto Rico and the
Northern Mariana Islands.
Question 1. The organization seeking eligibility under Section
136 is [ballot] incorporated or is [ballot] legally organized under
the laws of what jurisdiction?
-----------------------------------------------------------------------
2. Section 136(d)(1): ``The term `United States person' means a
person that--(B) has its principal place of business in the United
States.''
Definitions for purposes of Section 136 determinations of
eligibility--
Principal place of business means the geographic location of the
main office or seat of management of the prospective offeror. For
purposes of this Statement, a prospective offeror shall identify
only one principal place of business, and such location shall
include at least the offices of the chief operating officer and
headquarters staff. The named location must be a United States
jurisdiction in which the prospective offeror may bring suit and be
sued and in which service of process shall be accepted.
Question 2(a). The organization seeking eligibility has its
principal office in what city and state?
-----------------------------------------------------------------------
Question 2(b). What kind of tax return was or will be filed, and
in what jurisdiction, during the current calendar year? The
jurisdiction identified herein need not be the same jurisdiction
identified in Question 2(a).
-----------------------------------------------------------------------
(i) Jurisdiction:
-----------------------------------------------------------------------
(ii) Type of return (e.g., income tax, franchise tax, etc.).
Include all that apply:
-----------------------------------------------------------------------
3. Section 136(d)(1): ``The term `United States person' means a
person which--(C) has been incorporated or legally organized in the
United States--(i) for more than 2 (two) years before the issuance
date of the invitation for bids or request for proposals with
respect to the contract under subsection (c) of this section.''
Definitions for purposes of Section 136 determinations of
eligibility--
Has been incorporated or legally organized means that the
organization can show continuity as an ongoing business.
Organizations that have changed only their names meet the continuity
requirement of this subsection. Organizations that have been bought,
sold, merged, or otherwise substantially altered or enlarged their
principal business activities will have the burden of proving that
there have been ongoing operations by the same business entity for
the required period of time. If the successor entity has acquired
all of the assets and liabilities of the predecessor entity and the
predecessor entity has no further existence, the successor may claim
the incorporation or legal organization date of the predecessor. In
any other circumstance, the prospective offeror must show that the
law of the jurisdiction in which it operates regards the prospective
offeror as the complete successor in interest of the predecessor
entity for purpose of contractual obligations.
Issuance date means the date in Block 5 of the Standard Form 33
accompanying this solicitation.
Years means calendar years measured from day of the month to day
of the month. For example, January 1, 2002 through December 31, 2002
is one calendar year, as is July 1, 2002 through July 1, 2003.
Question 3:
(i) On what date was the organization seeking eligibility
incorporated or legally organized?
-----------------------------------------------------------------------
(ii) If this date is less than two years before the issuance
date, on the basis of what documentation does the organization
seeking eligibility claim that it has been in business for the
requisite period of time?
-----------------------------------------------------------------------
(Identify, and forward copies as an Attachment to this Statement).
4. Section 136(d)(1): ``The term `United States person' means a
person which--(D) has performed within the United States or overseas
security services similar in complexity to the contract being bid.''
Definitions for purposes of Section 136 determination of
eligibility--
Complexity means the physical size or extent of the effort, as
described in Section B and Exhibit A of this solicitation; combined
with the required quality of the effort as described in Sections C
and H of this solicitation.
Overseas means within any jurisdiction that is not a part of the
United States as defined below.
Performed means contracts that have been fully completed by the
prospective offeror and accepted by the other party to the
transaction. Contracts still in progress have been performed for
purposes of this definition if performance in complexity to the
contract being bid has been ongoing for at least one year. Contracts
need not have been with the U.S. Government.
Security services means work of a kind as to fall within or
compare closely with those described in the Statement of Work in
Section C of this solicitation. An entity whose only security
services experience was performed by its legally distinct parent or
subsidiary organization will not be considered to have security
services experience.
Within the United States means within the legal geographic
boundaries of a United States jurisdiction that is the place where
the subject matter (e.g., services) of the contract or other
arrangement was in fact completed. The place where the contract or
other arrangement was negotiated or signed is not relevant to this
definition.
Question 4: Describe in an Attachment to this Statement (see
L.1.3.5), the qualifying similar contracts or other arrangements
performed by the prospective offeror. Provide required information
on a sufficient number of arrangements to show that similar services
have been performed overseas or in the United States. The
description must consist of the following information on each
arrangement, which shall be submitted as an Attachment to this
Statement:
Location: (city and state or country).
Type of service: (for example, stationary guards, roving patrol,
quick-reaction force, etc.).
Complexity: (type of facilities guarded, and number or extent of
facilities, number of guards, etc.).
5. Section 136(d)(1): ``The term `United States person' means a
person which--(E) with respect to the contract under subsection (c)
of this section, has achieved a total business volume equal to or
greater than the value of the project being bid in 3 years of the 5-
year period before the date specified in subparagraph (C).''
Definitions of purposes of Section 136 determination of
eligibility--
3 years of the 5-year period before the date specified in
subparagraph (C) means the three to five calendar year period
immediately preceding the issuance date of this solicitation.
Total business volume means the U.S. dollar value of the gross
income or receipts reported by the prospective offeror on its annual
federal income tax returns.
Years means calendar years.
Question 5: Describe in an Attachment to this Statement (see
L.1.3.5), for at least three of the five twelve-month income tax
periods (fiscal years) defined below, the gross receipts of the
organization seeking eligibility.
(i) The fiscal year ending during the calendar year that
includes the date of this solicitation.
(ii) The fiscal year ending in the calendar year immediately
prior to the calendar year that includes the date of this
solicitation.
(iii) The fiscal year ending in the calendar year two years
before the calendar year that includes the date of this
solicitation.
(iv) The fiscal year ending in the calendar year three years
before the calendar year that includes the date of this
solicitation.
(v) The fiscal year ending in the calendar year four years
before the calendar year that includes the date of this
solicitation.
An entity will be deemed to have met this requirement if the
total cumulative business volume for the three years presented
exceeds the contract price at time of award under this solicitation
for the full term for which prices are solicited, including any
option periods.
6. Section 136(d)(1): ``The term `United States person' means a
person which `` (F)(i) employs United States citizens in at least 80
percent of its principal management positions in the United States;
and (F)(ii) employs United States citizens in more than half of its
permanent full-time positions in the United States.''
[[Page 19345]]
Definitions for purposes of Section 136 determinations of
eligibility--
Full-time (positions) means those personnel positions in which
the occupants are expected to and ordinarily work for 40 or more
hours per week.
In the United States refers to those personnel positions that
are encumbered as of the date of this solicitation and that the
prospective offeror maintains in geographic locations within the
jurisdictions defined above as constituting the United States.
Permanent (positions) means personnel positions that are
intended to be indefinite as to length of employment, as opposed to
limited, seasonal, or project-length personnel appointments.
Permanent, full-time positions means that portion of the
prospective offeror's workforce that continues to be employed
without regard to the ordinary fluctuations of production or
projects.
Principal management positions means those personnel positions
including at least the chief executive officer (if any) and the
chief operating officer (whether by title or by function) of the
organization seeking eligibility, together with all those management
officials who constitute the highest levels of management authority
within the organization. In the case of a partnership, all general
partners are deemed to hold principal management positions. In the
case of a corporation, those officers of the corporation who are
principally responsible for the day-to-day operation of the
corporation. Members of corporation boards of directors do not
occupy ``principal management positions'' simply by virtue of their
service on the board. In all cases, the term ``principal management
positions'' also includes the position or positions held by the
individual or individuals in the United States who will have primary
corporate management oversight responsibility for this contract if
the prospective contractor is awarded the contract.
United States citizen means natural persons with United States
citizenship by virtue either of birth or of naturalization.
Question 6(a): The organization seeking eligibility shall list
all of its principal management positions and identify the current
occupant of each listed position by name and citizenship. Provide
the information as an Attachment to this Statement in the following
format:
(i) Principal management positions in the United States:
Chief Executive Officer (if any):
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
Chief Operating Officer:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
(ii) For each additional corporate officer having principal
responsibility for the day-to-day operations of the corporation,
list position, name, and citizenship.
-----------------------------------------------------------------------
Position:
-----------------------------------------------------------------------
Name:
-----------------------------------------------------------------------
Citizenship:
(iii) Individual(s) in the United States expected to have
primary management oversight responsibility for contract if it is
awarded:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
Question 6(b): Number of permanent, full-time, currently
encumbered personnel positions that are located in the United States
(good faith estimates acceptable): ----------
Question 6(c): Number of United States citizens currently
employed in permanent, full-time positions that are located in the
United States (good faith estimates acceptable): ----------
7. Section 136(d)(1): ``The term `United States person' means a
person which--(G) has the existing technical and financial resources
in the United States to perform the contract.''
Definitions for purposes of Section 136 determinations of
eligibility--
Existing technical and financial resources means technical and
financial capability within the United States to mobilize adequate
staffing, equipment and organizational arrangements to perform the
contract. Adequate technical resources may be demonstrated by
presenting an organization chart, and resumes of current officers
and employees in the United States who possess skills and expertise
necessary to provide management and oversight of the work. Other
indicia will be considered if offered to demonstrate that the
prospective offeror has available resources in the United States
adequate to provide home office management and oversight of the
work. Adequate financial resources may be demonstrated by proof of
possession of a combination of net worth, bank lines of credit, or
bank guarantees. If lines of credit or bank guarantees are used to
demonstrate adequate financial resources, they must be from entities
within the United States.
Question 7: Submit, as an Attachment to this Statement,
materials demonstrating existing technical and financial resources
in the United States (see L.1.3.5).
8. Section 136(d)(2): ``The term `qualified United States joint
venture person' means a joint venture in which a United States
person or persons owns at least 51 percent of the assets of the
joint venture.''
Definitions for purposes of Section 136 determinations of
eligibility--
Assets means tangible and intangible things of value conveyed or
made available to the joint venture by the co-venturers. To be
qualified for U.S. preference, 51 percent of the assets of the joint
venture must be owned by the U.S. person co-venturer(s).
Joint venture means a formal or de facto association of two or
more persons or entities to carry out a single business enterprise
for profit, for which purpose they combine their property, money,
effects, skills, and knowledge. To be acceptable, all members of a
joint venture must be jointly and severally liable for full
performance and resolution of matters arising out of the contract.
Question 8(a): The prospective offeror [square] is [square] is
not a joint venture.
Question 8(b): If the prospective offeror is a joint venture,
the U.S. person participant is:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(address)
Question 8(c): If the prospective offeror is a joint venture,
the names and countries of citizenship for all co-venturers are as
follows:
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
-----------------------------------------------------------------------
(name)
-----------------------------------------------------------------------
(citizenship)
Question 8(d): If the prospective offeror is a joint venture,
the U.S. person will own at least 51 percent of the assets of the
joint venture.
-----------------------------------------------------------------------
I so certify: (name)
-----------------------------------------------------------------------
(position)
-----------------------------------------------------------------------
(title)
(e) Signature: By signing this document, the offeror indicates
that to the best of his or her knowledge, all of the representations
and certifications provided in response to the questions contained
in this Statement of Qualifications are accurate, current, and
complete and that the offeror is aware of the penalty prescribed in
18 U.S.C. 1001 for making false statements.
-----------------------------------------------------------------------
(End of provision)
652.242-70 [Amended]
0
90. Section 652.242-70 is amended by removing ``642.271'' and inserting
``642.272(a)'' in its place in the clause prescription.
652.242-73 [Amended]
0
91. Section 652.242-73 is amended by removing ``642.271(b)'' and
inserting ``642.272(b)'' in its place in the clause prescription and in
Alternate 1.
PART 653--FORMS
653.101-70 [Amended]
0
92. Section 653.101-70 is amended by adding a sentence at the end
reading as follows: ``The State Department forms are available through
the Department's Intranet Web site at http://arpsdir.a.state.gov/
eforms.html.''
0
93. Section 653.219-71 is added to read as follows:
653.219-71 DOS form DS-4053, Department of State Mentor-Protege
Program Application.
As prescribed in 619.102-70(i), DS-4053 is prescribed for use in
applying
[[Page 19346]]
for an agreement under the Department of State Mentor-Protege Program.
Subpart 653.3 [Removed]
0
94. Subpart 653.3, consisting of sections 653.000 and 653.303, is
removed.
Dated: March 11, 2004.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. 04-8107 Filed 4-12-04; 8:45 am]
BILLING CODE 4710-05-P