Draft_RFP_19AQMM18R0254_FA6.docx

Draft RFP – INL/WHP IDIQ – Functional Area 6 – 19AQMM18R0254 TABLE OF Contents

STANDARD FORM (SF) 1449

The applicable SF1449 will be provided when formal RFP is issued. The dates for clauses and provisions will be those in effect at the time the formal RFP is released.

FA6 is set-aside for competition amongst 8(a) small business concerns. Offers from other than 8(a) small business concerns will not be considered for award. The primary NAICS code assigned to FA6 is 336111 with a corresponding small business size standard of 1,500 employees. In accordance with FAR 19.102(f), the applicable size standard for a “nonmanufacturer” is 500 employees.

SECTION 1 – CONTINUATION TO SF1449

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, Contractors 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 anything other than the minimum contract quantity described in Item 2.0 below. Due to budgetary and program uncertainties, 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 Acquisition 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 in a given delivery order(s).

(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 order” 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 under 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 actions 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, indirect 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 To be Determined (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 additional 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 individual 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 option 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 expects the majority of delivery orders awarded under this contract to be performed outside the United States, mainly in Western Hemisphere countries.

Services specified in a delivery order may be performed at the contractor’s facilities, at host country government 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 systems, all of which can have a profound impact on the Contractor’s ability to meet contractual requirements.

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s anticrime 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 trafficking; corruption; cybercrime; intellectual property rights (IPR) fraud; transnational organized crime; environmental 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. foreign 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 programmatic and diplomatic. Criminal networks are constantly evolving and changing their activities in response to operational 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 criminality, especially in the commission of cybercrime, financial crime, and the smuggling of drugs, weapons and humans. Often, a lack of sufficient and appropriate resources, combined with host governments’ limited infrastructure 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 interrelated 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 security 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. Additionally, all products will likely require local warranty, maintenance, and support. The use of simultaneous translators 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 performance 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, clinical, 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 maintenance 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, maintenance, 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, platform semitrailers, low-bed semitrailers, cargo trailers, and utility trailers

· Provision and/or Installation of Miscellaneous Accessories. Including but not limited to: up-fitting and retrofitting, 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 corrective 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.

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 performance 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 Government 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. Advising and assisting current and potential customers regarding the technical scope of IDIQ contract;

2. 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;

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

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

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

6. Being ultimately responsible for ensuring that all contractual agreements, including modifications, are negotiated and executed expeditiously;

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

8. Participating in all Program Management Review (PMR) Meetings and other meetings as scheduled.

The CPM need not be a full-time employee. However, the CPM shall be on-call 24 hours a day, seven days a week, and 365 days out of the year. 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 Contractor shall ensure an individual with authority to bind the Contractor is readily available at the request of the COR and the CO. Such individual shall be on-call 24 hours a day, seven days a week, and 365 days out of the year.

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 required for the individual authorized to bind the Contractor. The Contractor shall provide updated POC information to the Government as required to ensure timely communications.

The Contractor shall acknowledge and respond to all emails sent by the CO and/or COR within 4 hours if the email is sent during a “normal duty day”. For the purpose of this requirement, “normal duty day” is defined as Monday through Friday (excluding Federal Holidays) from 8:00 am until 5:00 pm Eastern Time. Emails sent outside of a “normal duty day” shall be acknowledged and responded to within 4 hours of the start of the next “normal duty day”.

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

The CPM shall ensure that all invoices submitted under resultant delivery orders comply with the requirements of the contract and delivery order, are complete, correct, and include all necessary back-up documentation. 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 being properly maintained, safeguarded from unauthorized disclosure, and backed-up. The CPM shall promptly make such records available 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 continue until such time as active delivery orders remain and shall resume whenever new delivery orders are awarded.

The Contractor shall furnish a combined monthly technical and financial progress report briefly stating the progress 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.

i. 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.

ii. The report shall specify contract financial status by:

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

b. Current and cumulative value performed per each line item number;

c. Current and cumulative invoiced amount per each line item; and

d. 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 performance requirements, or when it anticipates difficulty in complying with order delivery schedule or any date, or whenever the Contractor 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 Officer’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 Contractor’s plan to resolve the issue(s). The report shall be provided no later than three (3) business days of an occurrence.

(e) SERIOUS INCIDENT REPORTING

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

· Embarrassment or harm to 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 / delivery 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 four (4) 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 expeditiously 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 proposal. 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 Contractor shall participate in a mandatory post-award conference that will be held at a time and place to be determined by the Contracting Officer. The Government expects to conduct the post-award conference within two (2) weeks of contract award in the Washington D.C. area. Time and place are subject to change.

7.0 PRICING FOR “CORE” SUPPLIES

Attachment 1 identifies the not-to-exceed FFP applicable to the “core” supplies under this IDIQ contract. This not-to-exceed FFP applies to the time period(s) described in the attachment. The Contractor may, at its sole discretion, provide additional discounts at the delivery order level.

Non-core or additional supplies and services within the general scope of this IDIQ contract may be ordered by the Government at the delivery order level.

8.0 TRAVEL

The cost for such 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 documentation (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

The cost for Post Hardship Differential Pay and Danger Pay, if required, shall be proposed and negotiated at the delivery order level.

10.0 DEFENSE BASE ACT (DBA) INSURANCE

The cost for DBA, 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 https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a list of applicable DBA waivers and conditions.

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

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.

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), because the principal purpose of the contract is not to furnish services in the United States through the use of service 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 order 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 decrease is voluntarily made by the Contractor while complying with the changed or new local law(s), respectively.

b) While compensation costs and compensation-related taxes that are a liability of the Contractor are generally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the employee and not the Contractor. When a host country’s law(s) requires the Contractor to pay applicable host entities 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 Assistance 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 concerned 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 assessed as a result of the Contractor’s fault, negligence, or failure to follow the instructions provide by the Contracting 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). Examples 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.

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 services 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 EXPOSE 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 delivery 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 responsible 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 following 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 number, 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 supplies 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 Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials 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 Organization (IMO).

(b) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as Consumer Commodities classed as ORM-D shall be packaged in accordance with the IMDG Code and dual marked with both Consumer Commodity and IMDG marking and labeling.)

(c) Occupational Safety and Health Administration (OSHA) Regulation 29 (CFR) part 1910.1200.

(d) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO), Technical Instructions.

(e) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Shipments.

(f) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract.

14.0 INSPECTION AND ACCEPTANCE

Inspection and acceptance terms, including point of inspection and acceptance, will be incorporated in each delivery order based on the nature of the services and/or supplies being acquired. Individual delivery orders issued under this contract may relax, augment, or otherwise revise the requirements of this section.

14.1 Acceptable Levels of Performance

The Contracting Officer’s representatives (e.g., COR, ACOR, GTM) are provisionally responsible for inspection and acceptance of the Contractor’s effort under this contract. The Contracting Officer is ultimately responsible for inspection and acceptance.

14.2 Quality of Reports and Data Deliverables

General quality measures, as set forth below, will be applied to each work product received from the Contractor under this contract.

(a) Accuracy: Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

(b) Clarity: Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

(c) Consistency to Requirements: All work products must satisfy the requirements of this contract and specific task orders.

(d) Timeliness: Work Products shall be submitted on or before the due date specified herein or submitted in accordance with a later scheduled date determined by the Government.

14.3 Government Inspection and Evaluation

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All inspections and evaluation by the Government’s representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with the Government prior to implementation. Reports of the Contractor’s performance shall be placed in the contract file and will be subject to release to the public.

The Contractor agrees that such reports or deficiencies or proposed corrective action may be released to the public without objections by the Contractor.

14.4 Contractor Quality Control

The contractor shall institute and maintain an appropriate system of quality control, to be set forth in a Quality Control Plan. The Quality Control Plan shall be submitted to the CO and the COR no later than twenty (20) days after award of the contract.

The plan shall be adequate for ensuring that all work performed under the contract is of the highest quality standards and consistent with best industry practices, to assure timely provision of compliant supplies and services, optimum USG satisfaction, and appropriate use/protection of USG facilities and assets. Records of all inspections conducted by the Contractor and necessary corrective actions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the Government at the request of the Contracting Officer or Contracting Officer’s Representative.

The Contractor shall hold all subcontractors to the same standards of performance as required from the Contractor in fulfilling the performance requirements of this contract and each delivery order.

14.5 Government Quality Assurance

The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract and any resultant delivery orders. The role of the Government is to conduct quality assurance to ensure that standards are achieved.

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract and its delivery orders. Government quality assurance will be performed routinely by the Contracting Officer’s Representative. However, other representatives, including third party contractors, may be called upon to support this effort as required. The Contracting Officer’s Representative or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspection results. Instances of unsatisfactory performance may result in appropriate actions taken by the Contracting Officer in accordance with the terms of this contract and resultant delivery orders.

In the event that an inspection identifies performance deficiencies, the COR may require the Contractor to explain, in writing, why performance was unacceptable, how performance will be returned to acceptable levels, and how recurrence of the problem(s) will be prevented in the future. The COR will evaluate the Contractor's explanation and take appropriate action.

The Contractor shall promptly correct and improve any shortcomings noted during inspections. The Contractor shall also bring any conditions beyond the responsibility of the Contractor to the attention of the CO.

The terms in this section are designed to complement the provisions in the FAR Inspection clause applicable to the given delivery order.

15.0 IDIQ CONTRACT DELIVERABLES

(a) While the Government has made an effort to highlight the most important deliverables associated with applicable FAR and DOSAR clauses, it has not included all of them in the “Data Deliverable Tables”. The Contractor shall provide all data deliverables and notifications required per the applicable FAR and DOSAR clauses irrespective of whether these are not listed in the “Data Deliverable Tables”.

For example, the Contractor must still provide the notifications required per FAR 52.212-4, paragraph f.

(b) Unless otherwise identified below all contract-level deliverables must be submitted in English and in electronic format via email.

(c) The Government reserves the right to add additional data deliverables at the delivery order level. Deliverables may be required to be provided in a language other than English. Submittals may be required in other than electronic format.

(d) The Government will review each deliverable product and provide oral and written comments. The Contractor shall review and incorporate comments or implement directed changes no later than five (5) business days thereafter. This time period may be extended, at the sole discretion of the Government, by written approval of the Contracting Officer.

(e) All documentation and reports developed or provided by the contractor shall become the property of the U.S. Government. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way. All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract. The Government will reject all deliverables containing markings contradicting said clauses.

(f) Deliverables longer than 5 pages shall include a table of contents. Attachments, if any, shall include the attachment number, deliverable name and number, and contract number and delivery order number.

DATA DELIVERABLES TABLE