19AQMM18R0254_FA6.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19AQMM18R0254

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/28/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Juan M. Fernandez

b. TELEPHONE NUMBER (No collect calls) 305-718-4291

c. EMAIL fernandezjm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

10/03/2019 15:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X 8(A)

NAICS: 336111

SIZE STANDARD: 1500 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

As required in each Delivery Order

SEE

NOT AVAILABLE

orders Multi, XX 00000

CODE LMAQM16. ADMINISTERED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER X SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Juan M. Fernandez 31c. DATE SIGNED

08/28/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19AQMM18R0254

Table of Contents

Section Description Page Number

2 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.208-4 Vehicle Lease Payments (Apr 1984) 52.208-5 Condition of Leased Vehicles (Apr 1984) 52.208-6 Marking of Leased Vehicles (Apr 1984) 52.208-7 Tagging of Leased Vehicles (May 1986) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Oct 2018) - Alternate I (Jan 2017) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (Mar 2008) 52.227-14 Rights in Data - General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000) 52.245-1 Government Property (Jan 2017)

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

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.245-71 SPECIAL REPORTS OF GOVERNMENT PROPERTY (FEB 2015)

652.247-70 NOTICE OF SHIPMENTS (FEB 2015)

652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (May 2019) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (Jan 2017) 52.243-7 Notification of Changes (Jan 2017) 652.219-71 SECTION8(a) DIRECT AWARDS (AUG 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

3 Solicitation Provisions 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.212-1 Instructions to Offerors--Commercial Items (Oct 2018) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.216-27 Single or Multiple Awards (Oct 1995) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

652.245-70 Status of Property Management System (Dec 2013) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.233-2 Service of Protest (Sept 2006)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L-001 TAILORING OF FAR 52.212-1

4 Evaluation Factors

M-001 EVALUATION - COMMERCIAL ITEMS

5 Representations and Certifications 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

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

001 INL Office of Western Hemisphere Programs (WHP) Multiple-Award IDIQ

Functional Area (FA) 6: Vehicles

SBA Requirement Number 0455/18/803081/01

1.00 EA

Refer to attached continuation pages for IDIQ minimum and maximum, IDIQ contract effective period, and other terms and conditions.

Doc Ref No:

Delivery Date FOB:

19AQMM18R0254

Line Item Summary

Solicitation Number:

19AQMM18R0254

Contract Number: Title: INL/WHP IDIQ_FA6_Vehicles Date of Solicitation:

08/28/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

SECTION 1 CONTINUATION TO SF-1449

Disclaimer: The nature of delivery orders to be awarded under this contract is broad. Specific requirements will be conveyed at the delivery order level. The Government expects awardees to remain flexible and adaptive to meeting INL requirements. Contractors are reminded that this is a multiple-award IDIQ contract. As such, Con-tractors will be required to compete, unless an exception to fair opportunity procedures is approved, for each task order over the micro-purchase threshold (i.e., currently $10,000 USD). Awardees are not guarantee any-thing other than the minimum contract quantity described in Item 2.0 below. Due to budgetary and program un-certainties, the size or number of orders to be issued under these contracts cannot be reliably estimated.

1.0 TYPE OF CONTRACT

(a) This is a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Ac-quisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts), awarded to an 8(a) small business concern.

(b) This contract is for commercial items (i.e., services and supplies). However, the Contracting Officer may add or authorize the addition of non-commercial items at the delivery order level.

(c) Specific tasks or work to be performed will be identified at the delivery order level. (Note: Because the Government anticipates that the majority of performance under the contract will be for supplies, “delivery or-der” is used predominantly throughout this contract. However, the Government reserves the right to issue task orders, also. Where a contract term or condition references “delivery order,” such term or condition shall also apply to “task order.”)

(d) The Government intends to utilize firm-fixed-price (FFP), as defined in FAR 16.202, delivery orders to the maximum extent practicable. However, the Government reserves the right to issue delivery orders utilizing any of the contract types, or a combination thereof, authorized by FAR 12.207.

Orders issued on a time-and-materials or labor-hour basis. A blanket Determinations and Findings (D&F) has not been approved for this IDIQ contract. As such, any orders issued on a time-and-materials or labor-hour basis require the ordering Contracting Officer to execute the appropriate determination required per FAR 12.207(b)(2) and FAR 12.207(c)(2).

(f) Inherently governmental functions, as described in FAR 7.503 or by the ordering agency, are prohibited un-der this contract. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any ac-tions that are of the nature of personal services or give the perception of personal services. The contractor shall notify the Contracting Officer (CO) immediately if they perceive any actions constitute personal services. This contract shall not be used to perform any inherently governmental functions.

2.0 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

(a) The Government shall meet the IDIQ contract minimum of $10,000.00 USD (inclusive of all direct costs, in-direct costs, and profit/fee) through the issuance of delivery order(s) within the IDIQ contract’s effective (i.e., ordering) period. The minimum quantity applies separately to each IDIQ contract awarded under this functional area.

(b) The maximum quantity for the IDIQ contract’s effective (i.e., ordering) period, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $130,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all IDIQ contracts awarded under this functional area.

3.0 IDIQ EFFECTIVE PERIOD

The effective (i.e. ordering) period of this IDIQ contract, as described in FAR clause 52.216-22, is five (5) years from the date of contract award. However, the Contracting Officer may extend the effective period for an addi-tional six (6) months in accordance with FAR clause 52.217-8 (Option to Extend Services).

4.0 DELIVERY ORDER PERIOD OF PERFORMANCE

The period of performance for each delivery order placed under the IDIQ contract shall be specified in the indi-vidual delivery order. Under no circumstances may a delivery order be issued under the IDIQ contract if the IDIQ contract has expired, or has been terminated or cancelled by the Government. The period of performance of a delivery order may not exceed five (5) years, inclusive of options (except potentially for the six-month op-tion to extend services authorized by FAR 52.217-8). Delivery order options, if included, may be exercised after the expiration of the IDIQ contract.

5.0 PLACE OF DELIVERY OR PERFORMANCE

There are no geographic limitations for delivery orders to be awarded under this contract. The Government ex-pects the majority of delivery orders awarded under this contract to be performed outside the United States, mainly in Latin American countries.

Services specified in a delivery order may be performed at the contractor’s facilities, at host country govern-ment facilities, and/or USG facilities.

The Contractor shall be capable of effectively managing a wide array of business risks and issues, particularly those associated with working in international environments. Such risks include, but are not limited to, exposure to loss, labor disputes, political unrest, export and import compliance especially related to supplies and services controlled under the International Traffic in Arms Regulations (ITAR) and dual-use items controlled under the Export Administration Act (EAR), unstable local politics, geographical issues, and vastly different legal sys-tems, all of which can have a profound impact on the Contractor’s ability to meet contractual requirements.

6.0 SCOPE OF IDIQ CONTRACT

6.1 BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s an-ticrime and counter-narcotics efforts. INL assistance programs help partner nations to build their capacities to extend the reach of justice under the rule of law, including respect for human rights and gender equality, and to deny safe haven to criminals who would otherwise operate with near impunity.

INL delivers technical assistance and capacity to: enhance international drug control through interdiction and supply reduction; develop civilian law enforcement capacity, regional partnerships, and information sharing;

and further the administration of justice and corrections under the rule of law with respect for human rights.

INL’s programs seek to oppose and counter illicit drug production and demand; drug, wildlife and human traf-ficking; corruption; cybercrime; intellectual property rights (IPR) fraud; transnational organized crime; environ-mental crime; crimes that threaten civilian security; crimes against women; and activities using the proceeds of crime.

INL’s anticrime programs seek to improve and support key components of the criminal justice system such as gendarmerie, police, customs and border officials, investigators, judges, courts, prosecutors, defense attorneys, civil society organizations, and the corrections system. INL also plays a significant role in front line U.S. for-eign policy priority countries in transition by assisting in strengthening internal security and governance under the rule of law.

The nimble, fluid nature of international crime needs to be addressed through a variety of tools, both program-matic and diplomatic. Criminal networks are constantly evolving and changing their activities in response to op-erational threats. New competitors enter the crime market with different ideas and ways of operating as others are arrested, neutralized, or removed. As the law enforcement communities’ anti-crime techniques improve, criminals evolve their techniques to make use of new technologies and alter and expand their modes of crimin-ality, especially in the commission of cybercrime, financial crime, and the smuggling of drugs, weapons and hu-mans. Often, a lack of sufficient and appropriate resources, combined with host governments’ limited infra-structure and capacity to support and maintain the newest technological advancements and equipment, severely hinder the ability to immediately and effectively counter criminal networks.

The threats and challenges INL faces are often regional, and therefore, the solutions should be regional. Many of the challenges and criminal networks faced by INL and its partners in the Western Hemisphere are interre-lated and similar in nature. Additionally, many INL partners in the region share a common language, possess a similar culture, and face similar constraints in meeting the aforementioned challenges. Moreover, historically there has been a high degree of cooperation between INL programs in the region.

In order to meet its objectives, INL/WHP requires flexible and timely acquisition support. This multiple-award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract aims to establish a streamlined approach to successfully meeting INL/WHP’s acquisition requirements, while maintaining the public’s trust and fulfilling public policy objectives.

6.2 GENERAL REQUIREMENTS

The Government expects the majority of supplies and services to be provided to be in support of INL Foreign Assistance programs. As such, supplies, services, and providers must readily adapt to local conditions.

The contractor shall provide all resources including personnel, management, supplies, services, materials, equipment, facilities and transportation necessary to provide a wide range of supplies and services as specified in each delivery order. Changes in emphasis and program direction are highly likely, and may be frequent, in approved projects. The contractor shall be responsive to such changes.

This IDIQ contract will support multiple program teams to effectively curtail the movement of illicit narcotics, control irregular migration, counter the activity of transnational criminal organizations (TCOs), enhance secur-ity at land, air, and sea ports of entry, professionalize the work of law enforcement, and otherwise meet INL’s previously mentioned vision, mission, and strategic goals and objectives.

Contractor will likely be required to provide services in the language utilized by INL partner nations. Addition-ally, all products will likely require local warranty, maintenance, and support. The use of simultaneous translat-ors and/or US-based warranty and technical services will likely not meet INL/WHP requirements.

6.3 MAIN PERFORMANCE AREAS

The following are the main performance areas covered under this IDIQ. These main performance areas are not meant to be definitive, but rather represent in summary form the general areas to be supported. Specific per-formance requirements will be established at the task order level.

• Sedans, Pick-up Trucks, SUVs, Trucks, Buses, Vans, and Other Passenger and Cargo Vehicles.

• Law Enforcement Vehicles and Accessories. Including but not limited to: SWAT vehicles, mobile crime scene vehicles, EOD vehicles, surveillance vehicles, prisoner transport vehicles, motorcycles, and side cars.

• Special Vehicles and Accessories. Including but not limited to: Dental, laboratory, forensic, medical, clinic-al, healthcare, mobile command, emergency response, communication, broadcast, training, troop transport, prisoner transport, patient evacuation, de-mining vehicles, and related options and equipment.

• Aircraft Ground Support Vehicles and Equipment. Including but not limited to: Washers and de-icer main-tenance lifts, potable water trucks, lavatory carts, belt loaders, and related accessories.

• Fuel and Petroleum Tank Trucks and Accessories. Including but not limited to: Bulk fuel haulers, ground fuel servicing trucks, aircraft refueling and de-fueling tank trucks, and related equipment.

• Low-speed Vehicles. Applications include, but are not limited to, passenger transport, security patrol, main-tenance, and delivery.

• Maintenance, Construction, and Forestry / Mining Vehicles, Machinery, and Equipment.

• Miscellaneous Vehicles and Equipment. Including but not limited to: ATVs, UTVs, Motorcycles, Bicycles, Gators, and Segways.

• Trailers and Attachments. Including but not limited to: Closed semitrailers, refrigerated semitrailers, plat-form semitrailers, low-bed semitrailers, cargo trailers, and utility trailers

• Provision and/or Installation of Miscellaneous Accessories. Including but not limited to: up-fitting and ret-rofitting, filters, bed liners, cargo covers, tow looks, trailer towing packages, tool boxes, mud flaps, locks, sirens, security systems, lighting, PA speakers, bins, cabinets, ladder racks, lift gates, vehicle cameras, and winches. Also includes communications and surveillance equipment, armoring, and accessories required for prisoner or troop transport.

• Maintenance and Repair Services. Includes but is not limited to: Oil and filter changes, preventive and cor-rective maintenance, overhaul, and repairs.

• Ancillary Supplies and Supplies. These supplies and/or services are necessary to provide a total solution to the customer. Ancillary supplies and/or services shall not be the primary purpose of the work ordered, but be an integral part of the total solution offered.

• Vehicle and Equipment Rental and Leasing. Includes short-term rental, long-term rental, and leasing of vehicles and equipment.

• Operation of Special Purpose Vehicles / Equipment. Includes vehicles and all related accessories and sub-systems.

• Training and Knowledge Transfer. Includes vehicles and all related accessories and sub-systems.

Additional supplies and services, within the general scope of the contract, may be added at the delivery order level. In addition to the areas described above, the Government considers supplies and services covered under the following NAICS codes to be within the scope of this IDIQ contract.

NAICS Description 336111 (Primary) Automobile Manufacturing 333120 Construction Machinery Manufacturing 333132 Oil and Gas Field Machinery and Equipment Manufac-turing 333924 Industrial Truck, Tractor, Trailer, and Stacker Ma-chinery Manufacturing 336112 Light Truck and Utility Vehicle Manufacturing 336120 Heavy Duty Truck Manufacturing 336211 Motor Vehicle Body Manufacturing 336212 Truck Trailer Manufacturing 336213 Motor Home Manufacturing 336214 Travel Trailer and Camper Manufacturing 336310 Motor Vehicle Gasoline Engine and Engine Parts Man-ufacturing 336320 Motor Vehicle Electrical and Electronic Equipment

Manufacturing 336340 Motor Vehicle Brake System Manufacturing 336350 Motor Vehicle Transmission and Power Train Parts

Manufacturing 336390 Other Motor Vehicle Parts Manufacturing 336999 All Other Transportation Equipment Manufacturing 532120 Truck, Utility Trailer, and RV (Recreational Vehicle)

Rental and Leasing 532412 Construction, Mining and Forestry Machinery and

Equipment Rental and Leasing 811111 General Automotive Repair 811112 Automotive Exhaust System Repair 811113 Automotive Transmission Repair 811118 Other Automotive Mechanical and Electrical Repair and Maintenance 811121 Automotive Body, Paint and Interior Repair and Main-tenance 811122 Automotive Glass Replacement Shops 811191 Automotive Oil Change and Lubrication Shops 811198 All Other Automotive Repair and Maintenance 333111 Farm Machinery and Equipment Manufacturing 336991 Motorcycle, Bicycle, and Parts Manufacturing

NAICS Description 532112 Passenger Car Leasing 532490 Other Commercial and Industrial Machinery and

Equipment Rental and Leasing

6.4 SERVICES NOT IN SCOPE

The Contractor shall not accept or perform work for a delivery order involving:

1. Inherently Governmental Functions as defined in FAR 2.101(b); or

2. Personal Services as defined in FAR 2.101(b).

6.5 CORPORATE PROGRAM MANAGEMENT AND REPORTS

(a) CORPORATE PROGRAM MANAGEMENT

The Contractor’s corporate management structure shall guarantee senior, high-level, program management of the INL/WHP FA6 Program. The contractor shall provide management support for performance requirements including, but not limited to, oversight of quality control, safety, environmental, project management, freight, leases, storage, contractor communications, travel, visas, and taxes. The Contractor shall assume total perform-ance responsibility for work performed and data delivered under each delivery order and shall ensure proper management of any and all subcontractors. The Contractor shall coordinate management efforts with Govern-ment personnel as required. The Contractor shall identify issues and formulate and provide alternatives for issue resolution.

The Contractor shall assign a Corporate Program Manager (CPM) to represent the company on all program and contract related matters.

The CPM duties include, but are not limited to:

1. Verifying that the Contracting Officer (CO) soliciting and/or awarding delivery orders under this contract is authorized to do so. Verification may be obtained by contacting the Administrative Contracting Officer (ACO) identified in Section 1, Item 16.0 of this contract;

2. Ensuring administrative functions are performed in a timely manner and in compliance with contract and delivery order requirements;

3. Being ultimately responsible for ensuring that all reporting information required under this contract and resultant delivery orders is provided accurately, thoroughly, and timely;

4. Being ultimately responsible for all performance issues related to this contract and delivery orders awarded under it;

5. Being ultimately responsible for ensuring that all contractual agreements, including modifications, are ne-gotiated and executed expeditiously; and

6. Being ultimately responsible for ensuring that all delivery order invoicing is accurate and timely.

The CPM shall have sufficient corporate authority to direct, execute, and control all elements of this contract and resultant delivery orders. If the CPM does not have contractual authority to bind the Contractor, the Con-tractor shall ensure an individual with authority to bind the Contractor is readily available at the request of the COR and the CO.

The CPM need not be a full-time employee. Such individual shall be on-call during normal duty days. For the purpose of this requirement, a “normal duty day” is defined as Monday through Friday (excluding Federal Holi-days) from 8:00 am until 5:00 pm Eastern Time.

The Contractor shall assign, with the concurrence of the CO or COR, temporary replacements to cover for the CPM during periods of CPM paid-time off. Such replacements must be delegated the same authority and re-sponsibilities as the CPM.

The Contractor shall provide, no later than one business day after award of the IDIQ contract, POC information (address, email, telephone, and cell phone) for the CPM, and if applicable, for the individual authorized to bind the Contractor. The Contractor shall provide updated POC information to the Government as required to ensure timely communications.

During delivery order performance, the CPM shall respond within one (1) business day to all emails sent by the CO and/or COR.

The CPM shall ensure timely, compliant, and complete résumés, security packages, and language certifications are provided to the Government if these are required by the terms of the delivery order.

The CPM shall ensure that all invoices submitted under resultant delivery orders: 1) comply with the require-ments of the contract and delivery order; 2) are complete and correct; and 3) include all necessary back-up doc-umentation. All invoices shall be submitted on a timely basis, and any issue identified by the Government shall be promptly corrected by the Contractor.

The CPM shall ensure that all records required under the contract and delivery orders are properly maintained, safeguarded from unauthorized disclosure, and backed-up. The CPM shall promptly make such records avail-able to the COR and CO upon request.

(b) MONTHLY PROGRESS REPORT

The Contractor shall provide this report beginning with the award of its first delivery order. Reporting shall con-tinue until no active delivery order remains and shall resume when a new delivery order is awarded.

The Contractor shall furnish a combined monthly technical and financial progress report briefly stating the pro-gress made during the reporting period. The reports shall be submitted to the CO and COR on or before the 10th day of each month. Information shall be broken down by delivery order and cumulatively for the contract.

1. The report shall detail any issue(s), concern(s), high interest item(s), incident(s), turnover of key personnel, and/or mishap(s) that have occurred at the ID/IQ level and across all D/Os awarded to and/or performed by the Contractor during the reporting period and any issue(s), concern(s), high interest item(s), incident(s), turnover of key personnel, and/or mishap(s) that remain open from the previous reporting period.

2. The report shall specify contract financial status by:

• Identifying total quantity of active and closed delivery orders and associated value;

• Current and cumulative value performed per each line item number;

• Current and cumulative invoiced amount per each line item; and

• Current and cumulative liquidated (i.e. paid) amount per each line item.

(c) NOTICE OF POSSIBLE DELAYS

In the event the Contractor encounters difficulty in meeting delivery order performance requirements, or when it anticipates difficulty in complying with delivery order delivery schedule or any date, or whenever the Contract-or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of a delivery order, the Contractor shall immediately notify the Contracting Officer and the Contracting Of-ficer’s Representative, in writing, giving pertinent details. This notification is for informational purposes only. It shall not be interpreted to modify or waive any other requirements, rights, and remedies provided under this contract.

(d) CONTRACTOR SELF REPORTING OF NON-COMPLIANT SERVICES AND SUPPLIES

The Contractor shall identify and explain the cause of any non-compliant services and/or supplies and the Con-tractor’s plan to resolve the issue(s). The report shall be provided no later than three (3) business days of an oc-currence.

(e) SERIOUS INCIDENT REPORTING

The Contractor shall provide a Serious Incident Report (SIR) for any and each serious incident. For the pur-poses of this section, “serious incident” means any incident that results or is likely to result in:

• Embarrassment or harm the reputation of the U.S. Government, host country, and or DoS;

• Negative impact to program performance;

• Serious injury or bodily harm to self or others;

• Property damage, U.S. Government Furnished Equipment (GFE) or otherwise; or

• Policy and legal violations, either programmatic, federal, host country, or contract / task order stipulated.

The SIR shall contain and identify (briefly), in executive summary format (1 page or less), the “Who, What, Where, When, and How” of the incident. It shall be objective (i.e. without any type of interpretation, emotion, or motive.

The SIR shall be provided no later than eight (8) hours after occurrence of a serious incident. The Contractor shall use the following subject line format when submitting SIRs.

SIR (Initial, Follow-up, or Final), Task Order Number, Contractor, and Location The body of the email notification shall contain the synopsis of the action and the full report shall be attached.

Only one SIR shall be submitted per email.

(f) NOTIFICATION OF “NO-BID” DECISIONS

The Government expects all contractors to submit a delivery order proposal in response to each Delivery Order Proposal Request (DOPR) issued under this contract. The Contractor shall notify the Government when the Contractor has decided not to submit a delivery order proposal. The notification shall be provided as expedi-tiously as possible, but no later than the proposal submission deadline identified in the DOPR. The notification shall include a brief written statement explaining why the Contractor is unable to submit a delivery order pro-posal. Failure to submit a delivery order proposal without sufficient justification may be considered as negative past performance information, which may jeopardize the award of future delivery orders.

6.6 POST-AWARD CONFERENCE

The Contracting Officer intends to conduct post-award orientations via letter.

Additionally, the Government intends to conduct an in-person post-award conference with all contract awardees within two (2) weeks of contract award in the Washington D.C. area. Time and place are subject to change. At-tendance at this conference is not mandatory. If the Contractor decides to attend, it shall do so at no direct ex-pense to the Government.

7.0 NEGOTIATED FULLY-LOADED HOURLY LABOR RATES

The Contractor may, at its sole discretion, provide additional discounts at the delivery order level. Additional supplies and services, within the general scope of this IDIQ contract, may be ordered by the Government at the delivery order level.

(a) This section applies to labor-hour arrangements (i.e., delivery orders or line items in a delivery order), the time portion of time-and-materials arrangements, and when negotiating the fixed price under fixed-price ar-rangements.

(b) The negotiated NTE fully-loaded hourly labor rates are found in Attachment 1.

(c) The labor category description for each labor category identified in Attachment 1 is located in Attach-ment 2 (Labor Category Descriptions).

(d) The negotiated NTE fully-loaded hourly labor rates apply not only when the labor category performs nor-mally under a 40-hour normal workweek, but also when the labor category performs on temporary assignment under a different normal workweek.

(e) The negotiated NTE fully-loaded hourly labor rates apply regardless of whether the individual perform-ing the labor category works (either as an employee or consultant) for the prime contractor or a subcontractor.

(f) The negotiated NTE fully-loaded hourly labor rates are in United States dollars. These rates apply only to American Nationals. Such individuals have legal status to work in the United States of America (e.g., United States citizen, United States resident alien, and individual with permit showing authorization to work in the United States).

(g) Labor rates for any third country nationals (TCNs) and local nationals, if required, will be solicited and negotiated at the delivery order level.

(h) Each negotiated NTE fully-loaded hourly labor rate consists of an unloaded hourly labor rate, any labor-related direct costs (e.g., any direct fringe benefits, any direct bonuses), all costs associated with satisfying any local labor laws, applicable indirect costs, and profit amount. It does not include any other costs, including ODCs/non-labor-related direct costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrange-ments) or as a direct material (under time-and-materials arrangements) at the delivery order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

Foreign labor-related taxes are not included in the negotiated NTE fully-loaded hourly labor rates for American Nationals. Foreign labor-related taxes associated with American Nationals will be solicited and awarded at the delivery order level.

(i) Any costs included in the negotiated NTE fully-loaded hourly labor rates shall not be charged elsewhere under this contract.

(j) At the delivery order level, the Government will specify and/or allow the Contractor to propose the labor categories required for a given delivery order’s performance. Contract-specified categories shall be used when applicable.

(k) At the delivery order level, the Contractor will be given an opportunity to propose fully-loaded hourly labor rates that match or are lower than the respective negotiated NTE fully-loaded hourly labor rates. The Contractor will be paid only at fully-loaded hourly labor rates that are equal to or are less than the respective ne-gotiated NTE fully-loaded hourly labor rates.

(l) The fully-loaded hourly labor rates awarded as part of an individual delivery order will apply only to that delivery order.

(m) The fully-loaded hourly labor rates awarded as part of an individual delivery order will also apply to each equitable adjustment resulting from any change to the delivery order requirements.

(o) The following describes the normal workweek for Contractor and subcontractor employees:

1. A normal workweek falls within a consecutive seven-day period.

2. The negotiated NTE fully-loaded hourly labor rates apply to a normal workweek of 40 hours.

3. A normal workweek of 40 hours is based on performance of eight hours per day multiplied by five days per week.

4. A normal workweek of 40 hours applies to performance in the continental United States (CONUS) and outside the continental United States (OCONUS). “CONUS” means the 48 contiguous states, Alaska, Hawaii, and the District of Columbia.

5. If the normal workweek for an individual delivery order differs from a 40-hour normal workweek, both parties will negotiate labor rates based on the normal workweek for the individual delivery order. Such negotiated rates will apply only to that delivery order, unless additionally negotiated into the contract.

(p) The negotiated NTE fully-loaded hourly labor rates apply only to the labor categories specified in At-tachment 2. Any additional labor categories will be specified, and their associated labor rates will be solicited and negotiated, at the delivery order level. Additional labor categories and associated labor rates awarded for an individual delivery order will apply only to that delivery order, unless additionally negotiated into the con-tract.

(q) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the awarded fixed fully-loaded hourly labor rate minus to be inserted prior to award % attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.212-1, Alt. 1].

(r) The negotiated NTE fully-loaded hourly labor rates applicable only to American Nationals are based on 1,880 normal productive hours per year. When such individuals are performing OCONUS for a given delivery order on a non-temporary basis and the normal productive hours per year differ from 1,880, the NTE fully-loaded hourly labor rates applicable only to American Nationals for the given delivery order shall replace the negotiated rates (i.e., those negotiated in Attachment 2) and shall be calculated as follows:

1. NTE fully-loaded hourly labor rate negotiated in Attachment 2 x 1,880 hours = X

2. X divided by normal productive hours per year for delivery order = Y

3. Y = NTE fully-loaded hourly labor rate applicable to the given delivery order.

8.0 TRAVEL

Travel, if required, shall be proposed and negotiated at the delivery order level.

The Contractor shall be solely responsible to ensure personnel possess or obtain all required travel related docu-mentation (passport, visas, etc.) and authorizations. The Contractor shall be solely responsible to ensure their employees meet all other requirements and are fit for travel.

9.0 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, if required, shall be proposed and negotiated at the delivery or-der level.

10.0 DEFENSE BASE ACT (DBA) INSURANCE

The cost for DBA insurance, if required, shall be proposed and negotiated at the delivery order level.

DBA Insurance costs are generally allowable for performance outside the United States, but only for covered Contractor and subcontractor employees. The following are covered Contractor and subcontractor employees:

1. United States citizens or residents;

2. Individuals hired in the United States or its possessions, regardless of citizenship; and

3. Local nationals and third country nationals unless the DBA insurance requirement for these employees has been waived by the Department of Labor. Refer to ht-tps://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a list of applicable DBA waivers and con-ditions.

DBA Insurance costs shall accord with the terms of the Contractor’s DBA Insurance policy, law, and regula-tion.

The Contractor’s DBA Insurance policy shall be with a carrier approved by the United States Department of Labor to provide DBA Insurance, or the Contractor shall be a self-insured employer authorized by the United States Department of Labor to provide DBA Insurance.

FAR 52.228-3 -- Workers’ Compensation Insurance (Defense Base Act)

This clause applies to performance in countries for which a Department of Labor waiver is not available. A list of active DBA waivers may be obtained at https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

FAR 52.228-4 -- Workers’ Compensation and War-Hazard Insurance Overseas

This clause applies to performance in countries for which a Department of Labor waiver is available.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work loca-tion, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensa-tion benefits are provided to the waived employees pursuant to applicable local law. If there are no local work-ers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the DBA. This clause applies to performance in countries for which a Department of Labor has issued a waiver. A list of active DBA waivers may be obtained at ht-tps://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

Waivers do not apply to any employees that are:

i. Hired in the United States by any contractor or subcontractor,

ii. Residents of the United States, or

iii. Citizens of the United States.

The personnel at i to iii must always be covered by DBA Insurance.

11.0 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C. Chapter 67), be-cause the principal purpose of the contract is not to furnish services in the United States through the use of ser-vice employees.

In the event an individual delivery order requires services covered under the Service Contract Labor Standard statue to be performed in the United States, the required provision and clauses must be added at the delivery or-der level.

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract.

The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

12.0 ADVANCE UNDERSTANDING

a) The negotiated prices for each delivery order shall include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after delivery order award, the Government will consider a request for equitable adjustment.

Any adjustment will be limited to reflect the Contractor’s actual increase or decrease in applicable wages and other costs to the extent that the increase is made to comply with the changed or new local law(s), or the de-crease is voluntarily made by the Contractor while complying with the changed or new local law(s), respect-ively.

b) While compensation costs and compensation-related taxes that are a liability of the Contractor are gener-ally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the em-ployee and not the Contractor. When a host country’s law(s) requires the Contractor to pay applicable host en-tities any income taxes that are the liability of the employee, the Contractor’s costs to administer such payment are generally allowable.

c) Delivery orders awarded under this contract will support foreign assistance projects under the Foreign As-sistance Act of 1961 (Public Law 87-195). The Contractor shall not pay any taxes, import, or customs fees to the government of the host nation or aid receiving nation(s). As appropriate, INL or the U.S. Embassies con-cerned may assist in customs or other official clearances of contractor-acquired items and associated equipment for duty-free status. If taxes, import, or customs fees cannot be mitigated, the Contractor shall request directions from the Contracting Officer.

The Contractor shall be solely responsible for any and all taxes, duties, storage, and other charges that are as-sessed as a result of the Contractor’s fault, negligence, or failure to follow the instructions provide by the Con-tracting Officer or authorized representative.

d) Direct costs are costs that are specifically identified with a particular final cost objective (e.g., contract).

Direct costs under this contract shall be charged directly under this contract (at the delivery order level). Ex-amples are costs associated with travel, danger pay, post hardship differential pay, DBA insurance, program management, and contract deliverables.

e) Any direct costs associated with delivery order preparation are unallowable.

f) The Contractor agrees that the Government may, at its sole discretion, unilaterally issue delivery orders based on the technical specifications, price, and other terms submitted by the Offeror under sample delivery or-der 1 (RFP attachment 7) and/or sample delivery order 2 (RFP attachment 8). The Government must exercise its unilateral right no later than 90 days after award of the IDIQ contract. The Contractor understands that the sample delivery orders formed a partial basis for award of this contract. As such, failure to accept or fully com-ply with the unilateral delivery orders will result in termination of this IDIQ contract for cause.

13.0 SHIPPING, PACKAGING, PACKING, AND MARKING INSTRUCTIONS

Shipping and marking instructions may be incorporated in each delivery order based on the nature of the ser-vices and/or supplies being acquired. Individual delivery orders issued under this contract may relax, augment, or otherwise revise the requirements of this section.

13.1 Data Packaging Requirements

Unclassified data shall be prepared for shipment in accordance with best commercial practices.

13.2 Marking of Reports

Reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(a) Name and business address of the Contractor;

(b) Contract number and delivery order number, if applicable;

(c) Project Name;

(d) Date of report;

(e) Deliverable name and number; and

(f) Program office(s).

13.3 Software and Magnetic Media Markings

Packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: “CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EX-

POSE TO HEAT OR MAGNETIC FIELDS”.

13.4 Packing of Supplies for Shipment

Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe de-livery at destination.

Unless otherwise directed at the delivery order level, each box, carton, and package shall be marked as follows:

AMERICAN EMBASSY

POC (To be provided upon award) Delivery Order No. (To be provided upon award) City, Country Box #__ of __

Improperly marked shipments may be rejected by the Government, and the contractor shall be solely respons-ible for all costs associated with said deliveries and any required redeliveries. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/ carton/package, or individually attached to the outside of each box/carton/package. All shipping documents and other delivery information shall also be provided to COR.

13.5 Packing List(s)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

13.6 Warranty Notification

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the sup-plies are found to be defective.

13.7 Packaging and Palletizing

The packing and palletizing, if palletizing is required under this contract, must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Pack-aging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materi-als meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm or www.aphis.usda.gov/ppq/wpm/import.html.

13.8 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HASMAT) for Overseas Shipment

Preservation, packaging, packing, marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable:

(a) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organ-ization (IMO).

(b) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180.