19AQMM20R0073 - Amendment 1.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM20R0073 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

02/21/2020

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until

____ local time ____

10. FOR

INFORMATION

E-MAIL:

A. NAME

Mary E. DiAngelo

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

DiAngeloME@State.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: RMGFO

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON, SOUTH CAROLINA

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

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Mary E. DiAngelo

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

19AQMM20R0073

SBA Requirement Number: 0353/20/0311 001 Mobilization Base Period 1.00 LT

Mobilization costs to include all necessary travel, labor, etc necessary to support the stand-up of advisory support in Mogadishu.

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2020 to 03/28/2021

002 Fully Burdened Labor Base Period 1.00 LT A normal workweek consists of 48 hours (8 hours per day, 6 days per week), totaling 288 productive days per year.

00201 - Senior Ministry of Defense Adviser: $ 00202 - Ministry of Defense Adviser: $ 00203 - Additional and Emergency Labor: $

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2020 to 03/28/2021

003 Logistics Support Services Base Period 1.00 LT 00301 - Transportation: $ 00302 - Sustainment Services: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2020 to 03/28/2021

004 Other Direct Costs Base Period 1.00 LT 00401 - Travel: $ 00402 - Post Hardship Differential Pay: $ 00403 - Danger Pay: $ 00404 - Defense Base Act Insurance: $ 00405 - Foreign Taxes: $ 00406 - Visas and Passports: $ 00407 - Licenses, Permits, and Registration Fees: $ 00408 - Equipment Shipping Costs: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2020 to 03/28/2021

005 Direct Equipment Base Period 1.00 LT See Attachment 2 for unit pricing Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2020 to 03/28/2021

102 Fully Burdened Labor OY1 1.00 LT A normal workweek consists of 48 hours (8 hours per day, 6 days per week), totaling 288 productive days per year.

10201 - Senior Ministry of Defense Adviser: $ 10202 - Ministry of Defense Adviser: $ 10203 - Additional and Emergency Labor: $

19AQMM20R0073

Line Item Summary

Solicitation Number:

19AQMM20R0073

Contract Number: Title: Somalia Advisors to the Ministry of Defense

Date of Solicitation:

02/21/2020

Line Item No. Description Quantity Unit Unit Price Total Cost

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2021 to 03/28/2022

103 Logistics Support Services OY1 1.00 LT 10301 - Transportation: $ 10302 - Sustainment Services: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2021 to 03/28/2022

104 Other Direct Costs Base Period 1.00 LT 10401 - Travel: $ 10402 - Post Hardship Differential Pay: $ 10403 - Danger Pay: $ 10404 - Defense Base Act Insurance: $ 10405 - Foreign Taxes: $ 10406 - Visas and Passports: $ 10407 - Licenses, Permits, and Registration Fees: $ 10408 - Equipment Shipping Costs: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2021 to 03/28/2022

105 Direct Equipment OY1 1.00 LT See Attachment 2 for unit pricing Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2021 to 03/28/2022

106 Demobilization OY1 0.00 LT Demobilization costs to include all necessary travel, labor, etc necessary to move contractors out of Mogadishu and closeout contract performance.

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2021 to 03/28/2022

202 Fully Burdened Labor OY2 1.00 LT A normal workweek consists of 48 hours (8 hours per day, 6 days per week), totaling 288 productive days per year.

20201 - Senior Ministry of Defense Adviser: $ 20202 - Ministry of Defense Adviser: $ 20203 - Additional and Emergency Labor: $

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2022 to 03/28/2023

203 Logistics Support Services OY2 1.00 LT 20301 - Transportation: $ 20302 - Sustainment Services: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

19AQMM20R0073

Line Item Summary

Solicitation Number:

19AQMM20R0073

Contract Number: Title: Somalia Advisors to the Ministry of Defense

Date of Solicitation:

02/21/2020

03/29/2022 to 03/28/2023

204 Other Direct Costs OY2 1.00 LT 20401 - Travel: $ 20402 - Post Hardship Differential Pay: $ 20403 - Danger Pay: $ 20404 - Defense Base Act Insurance: $ 20405 - Foreign Taxes: $ 20406 - Visas and Passports: $ 20407 - Licenses, Permits, and Registration Fees: $ 20408 - Equipment Shipping Costs: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2022 to 03/28/2023

205 Direct Equipment OY2 1.00 LT See Attachment 2 for unit pricing Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2022 to 03/28/2023

206 Demobilization OY2 0.00 LT Demobilization costs to include all necessary travel, labor, etc necessary to move contractors out of Mogadishu and closeout contract performance.

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2022 to 03/28/2023

302 Fully Burdened Labor OY3 1.00 LT A normal workweek consists of 48 hours (8 hours per day, 6 days per week), totaling 288 productive days per year.

30201 - Senior Ministry of Defense Adviser: $ 30202 - Ministry of Defense Adviser: $ 30203 - Additional and Emergency Labor: $

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2023 to 03/28/2024

303 Logistics Support Services OY3 1.00 LT 30301 - Transportation: $ 30302 - Sustainment Services: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2023 to 03/28/2024

304 Other Direct Costs OY3 1.00 LT 30401 - Travel: $ 30402 - Post Hardship Differential Pay: $ 30403 - Danger Pay: $ 30404 - Defense Base Act Insurance: $ 30405 - Foreign Taxes: $ 30406 - Visas and Passports: $ 30407 - Licenses, Permits, and Registration Fees: $ 30408 - Equipment Shipping Costs: $

19AQMM20R0073

Line Item Summary

Solicitation Number:

19AQMM20R0073

Contract Number: Title: Somalia Advisors to the Ministry of Defense

Date of Solicitation:

02/21/2020

Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2023 to 03/28/2024

305 Direct Equipment OY3 1.00 LT See Attachment 2 for unit pricing Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2023 to 03/28/2024

306 Demobilization OY3 0.00 LT Demobilization costs to include all necessary travel, labor, etc necessary to move contractors out of Mogadishu and closeout contract performance.

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2023 to 03/28/2024

402 Fully Burdened Labor OY4 1.00 LT A normal workweek consists of 48 hours (8 hours per day, 6 days per week), totaling 288 productive days per year.

40201 - Senior Ministry of Defense Adviser: $ 40202 - Ministry of Defense Adviser: $ 40203 - Additional and Emergency Labor: $

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2024 to 03/28/2025

403 Logistics Support Services OY4 1.00 LT 40301 - Transportation: $ 40302 - Sustainment Services: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2024 to 03/28/2025

404 Other Direct Costs OY4 1.00 LT 40401 - Travel: $ 40402 - Post Hardship Differential Pay: $ 40403 - Danger Pay: $ 40404 - Defense Base Act Insurance: $ 40405 - Foreign Taxes: $ 40406 - Visas and Passports: $ 40407 - Licenses, Permits, and Registration Fees: $ 40408 - Equipment Shipping Costs: $ Type of Contract Pricing: CNF Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2024 to 03/28/2025

405 Direct Equipment OY4 1.00 LT See Attachment 2 for unit pricing Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2024 to 03/28/2025

19AQMM20R0073

Line Item Summary

Solicitation Number:

19AQMM20R0073

Contract Number: Title: Somalia Advisors to the Ministry of Defense

Date of Solicitation:

02/21/2020

406 Demobilization OY4 0.00 LT Demobilization costs to include all necessary travel, labor, etc necessary to move contractors out of Mogadishu and closeout contract performance.

Type of Contract Pricing: FFP Doc Ref No:

Delivery Date (Start to End) Date FOB:

03/29/2024 to 03/28/2025

Identifier Title Date Number of Pages

1 Attachment 1 - MODAT SOW 02/21/2020 2 Attachment 2 - Direct Equipment 02/21/2020 3 Attachment 3 - PKO Fact Sheet 02/21/2020 4 Attachment - PKO Annex 1 02/21/2020 5 Attachment 5 - PKO Annex 2 02/21/2020 6 Attachment 6 - Pricing Spreadsheet 02/21/2020 7 Attachment 7 - Section L 02/21/2020 8 Attachment 8 - Section M 02/21/2020 9 Attachment 9 - Q&A Template 02/21/2020

B-001 Type of Contract

This is a Firm-Fixed-Price and Cost Reimbursement Contract.

B-015 TRAVEL COSTS (Cost-Reimbursement)

Government Payment of Contractor Employee Travel Time The Government will pay the Contractor, under the applicable labor category CLIN(s), for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

(a) Payment of travel time described herein is in accordance with the Contractor’s established travel policy.

(b) Travel time begins no earlier than two (2) hours prior to the scheduled departure time and concludes upon arrival to the initial destination point (e.g., airport) at the place of performance.

(c) The Government will not pay for a Contractor employee’s time spent in layovers that are for the convenience of the Contractor employee or Contractor.

(d) The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.

(e) The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular work-ing hours.

(f) The Government will not pay for a Contractor employee more than the number of hours in the employee’s normal workweek. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).

(g) “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.

(h) Exceptions must be authorized in advance and in writing by the Contracting Officer.

(end of clause)

19AQMM20R0073

Line Item Summary

Solicitation Number:

19AQMM20R0073

Contract Number: Title: Somalia Advisors to the Ministry of Defense

Date of Solicitation:

02/21/2020

C-001 Statement of Work

See Attachment 1 - Statement of Work See Attachment 2 - Direct Equipment

D-004 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.

(end of clause)

D-005 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.

(end of clause)

E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(end of clause)

E-004 INSPECTION AND ACCEPTANCE (Services)

Inspection and acceptance of the services to be provided hereunder shall be performed by the Contracting Of-ficer's Representative.

(end of clause)

52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this con-tract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection sys-tem and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Govern-ment inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Gov-ernment shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance cor-rected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery sched-ule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet con-tract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Con-tractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or non-conformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to re-quire correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a peri-od of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Govern-ment during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the ser-vices again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be cor-rected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in con-formity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

52.246-5 Inspection of Services-Cost-Reimbursement (Apr 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in per-forming services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Govern-ment during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to per-form the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be correc-ted by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conform-ity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances;

or

(2) Terminate the contract for default.

(End of clause)

52.246-16 Responsibility for Supplies (Apr 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejec-tion. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

F-001 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting Officer's signature, and shall re-main in effect for one twelve month base period and four (4) twelve month option periods.

The Government can extend the term of the contract for an additional six (6) months if neces-sary in accordance with FAR 52.217-8, Option to Extend Services, contained in Section I of this contract.

(end of clause)

F-002 PLACE OF PERFORMANCE

1. Personnel will be primarily based in Mogadishu, Somalia, and Nairobi, Kenya.

2. Personnel may be required to travel to other locations in Sub-Saharan Africa, as required by the COR.

(end of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al-locable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perform-ance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall al-low, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.247-34 F.o.b. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capa-city. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is re-quired to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

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

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is: Sean Setter

(End of clause)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services

Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: Mary DiAngelo Telephone Number: 703-875-5695 Email: diangelome@state.gov

Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 12th Floor 1200 Wilson Blvd Arlington, Virginia 22209

(end of clause)

H-001 Increase Quantity for Schedule Items

The Government may require the delivery of additional supplies, identified in the Schedule as materials or equipment, at the firm fixed price stated in the Schedule. The Contracting Officer may increase the quantities of supplies in the Schedule by written notice to the Contractor at any time during the period of performance. Delivery of additional items shall continue at the same rate as “like” items under the task order, unless the parties otherwise agree.

H-003 Contact With Government Officials

Contractors are prohibited from conducting business development during the performance of any contract (duty or non-duty hours). Personnel assigned to this contract are only permitted to perform the work authorized in the Statement of Work and are not permitted to perform work for any other contract. During the performance of this contract, personnel representing the company shall not solicit or otherwise engage in any business development activities with Foreign Government Officials while performing any work on behalf of the U.S. Department of State.

H-009 CONTRACTOR IDENTIFICATION

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.

“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(end of clause)

H-016 KEY PERSONNEL

(1) The Contractor shall assign to this contract the following key personnel:

Senior Ministry of Defense Advisor

Ministry of Defense Advisor

(2) The Contractor agrees that a partial basis for award of this contract is the list of key personnel pro-posed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of per-formance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

(3) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contract-ing Officer shall be notified in writing of any proposed substitution at least forty-five days in advance of the proposed substitution, or ninety days if a security clearance is to be obtained. Such notification shall include:

(1) an explanation of the circumstances necessitating the substitution;

(2) a complete resume of the proposed substitute; and

(3) any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(end of clause)

H-020 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-031 SECURITY REQUIREMENTS

[EMPTY CLAUSE TEXT]

H-033 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased be-cause of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over oth-er parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical consulting and management support services.

(i) The Contractor shall be ineligible to participate in any capacity in Department con-tracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this con-tract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any technical consulting or management support services work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially in-volved in their development or marketing.

(ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(2) Access to and use of information.

(i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approval from the Contracting Officer it shall not: (a) use such in-formation for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government which is based on such in-formation until one year after such information is released or otherwise made available to the public; or (d) re-lease such information unless such information has previously been released or otherwise made available to the public by the Department.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, busi-ness, or financial information under this contract, it shall protect this information from unauthorized use or dis-closure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(iii) The Contractor shall have, subject to patent, data, and security provisions of this contract; the right to use technical data it first produces under this contract.

(c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of interest is dis-covered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This dis-closure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mit-igate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant informa-tion to the Contracting Officer, the Government may terminate the contract for default.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts of any tier which involve performance or work of the type specified in subparagraph (b)(1) of this clause or access to information of the type covered in subparagraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended subcontractor or consultant. The Contractor shall not enter into any subcontract nor engage any consultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likeli-hood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

(e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any rel-evant facts required to be disclosed concerning this contract, the Government may terminate the contract for de-fault, disqualify the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract.

(f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing.

(g) Modifications. Prior to any contract modification (except for the exercise of options) which (1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Organizational Conflict of Interest Certification and Disclosure.

(end of clause)

H-022 Public Release of Information

There shall be no public release of information or photographs concerning any aspect of this task order, or other documents resulting there from, without the prior approval of the Contracting Officer and/or Contracting Officer Representative.

H-025 TECHNICAL DIRECTION

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract. Technical instruc-tions may not be used to:

(1) assign additional work under the contract;

(2) direct a change as defined in the "Changes" clause of…