19AQMM20R0366_RFP.pdf

19AQMM20R0366

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19AQMM20R0366

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

DATE

10/28/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Juan M. Fernandez

b. TELEPHONE NUMBER (No collect calls)

305-718-4291

c. EMAIL fernandezjm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

11/24/2020 15:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 481211

SIZE STANDARD: 1500 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

As required in each Task Order

SEE

NOT AVAILABLE

orders Multi, XX 00000

CODE LMAQM16. ADMINISTERED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

LMAQMCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

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

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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

OFFER X SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

31c. DATE SIGNED 10/28/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS : : CGFS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

Line Item Summary

Solicitation Number:

19AQMM20R0366

Contract Number: Title: INL Bogota - Helicopter Wet Lease IDIQ

Date of Solicitation:

10/28/2020

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 INL Bogota - Helicopter Wet Lease Multiple Award

IDIQ

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

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 EA

19AQMM20R0366 – INL Bogota Helicopter Wet Lease IDIQ

TABLE OF CONTENTS

SECTION 1 – CONTINUATION TO SF1449

1.0. TYPE OF CONTRACT

2.0. MINIMUM AND MAXIMUM CONTRACT QUANTITIES

3.0. IDIQ EFFECTIVE PERIOD

4.0. TASK ORDER PERIOD OF PERFORMANCE

5.0. PLACE OF DELIVERY OR PERFORMANCE

6.0. REQUIRED SERVICES

7.0. CORPORATE PROGRAM MANAGEMENT AND REPORTS

8.0. POST-AWARD CONFERENCE

9.0. PRICING FOR “CORE” SERVICES

10.0. COLOMBIAN VALUE ADDED TAX

11.0. TRAVEL

12.0. DEFENSE BASE ACT (DBA) INSURANCE

13.0. SELECTED COST/PRICE-RELATED LAWS

14.0. ADVANCE UNDERSTANDING

15.0. SHIPPING, PACKAGING, PACKING, AND MARKING INSTRUCTIONS

15.1. Data Packaging Requirements

15.2. Marking of Reports

15.3. Software and Magnetic Media Markings

16.0 INSPECTION AND ACCEPTANCE

16.1 Acceptable Levels of Performance

16.2 Quality of Reports and Data Deliverables

16.3 Government Inspection and Evaluation

16.4 Contractor Quality Control

16.5 Government Quality Assurance

17.0. IDIQ CONTRACT DELIVERABLES

18.0. CONTRACT ADMINISTRATION DATA

18.1. Contracting Officer (CO)

18.2. Ordering Procedures

18.3. Fair Opportunity Process for Issuance of Task Orders

18.4. Government’s Right to Issue Unilateral Task Orders

19.0. CURRENCY OF PAYMENTS

20.0. DEPARTMENT OF STATE INVOICE INSTRUCTIONS

21.0. NON-PAYMENT FOR UNAUTHORIZED WORK

22.0. LAWS AND REGULATIONS

23.0. DAMAGE TO PERSONS OR PROPERTY

24.0. SECURITY REQUIREMENTS

25.0. SAFEGUARDING INFORMATION

26.0. DOCUMENT CONTROL

27.0. ADVERTISING AND MARKETING

28.0. STANDARDS OF CONDUCT

29.0. REMOVAL FROM DUTY

30.0. CONTRACTOR PERSONNEL PERFORMING UNDER WORLDWIDE DEPARTMENT

OF STATE CONTRACTS

31.0. RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON

DEPARTMENT OF STATE CONTRACTS

32.0. GOVERNMENT-FURNISHED DATA

33.0. GOVERNMENT-FURNISHED PROPERTY (GFP)

34.0. INSURANCE REQUIREMENTS

35.0. INSURANCE FOR TRAVEL AND MEDICAL REQUIREMENTS

36.0. EXPORT RESTRICTIONS

37.0. FOREIGN ASSISTANCE ACT PROCUREMENT RESTRICTIONS

38.0. CHANGES TO TEAMING ARRANGEMENTS/JOINT VENTURES

39.0. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

40.0. TECHNICAL DIRECTION

41.0. ORGANIZATIONAL CONFLICT OF INTEREST

42.0. ON-RAMPING

43.0. ACCIDENT PREVENTION

44.0. APPROVAL OF SUBCONTRACTORS

45.0. INCORPORATION OF ADDITIONAL TERMS AND CONDITIONS AT THE TASK ORDER

LEVEL

46.0. LIST OF ATTACHMENTS

47.0. COMBATING RACE AND SEX STEREOTYPING & SCAPEGOATING

SECTION 2 – CONTRACT CLAUSES

1.0 FAR 52.252-2 (Feb 1998)

2.0 CLAUSES INCORPORATED BY REFERENCE

3.0 APPLICABLE FAR AND DOSAR CLAUSES INCORPORATED IN FULL TEXT

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2020)

FAR 52.216-18 – Ordering (Aug 2020)

FAR 52.216-19 -- Order Limitations (Oct 1995)

FAR 52.216-22 -- Indefinite Quantity (Oct 1995)

FAR 52.216-32 -- Task-Order and Delivery-Order Ombudsman (Sep 2019)

FAR 52.217-8 -- Option to Extend Services (Nov 1999)

FAR 52.243-7 -- Notification of Changes (Jan 2017)

DOSAR 652.242-70 -- Contracting Officer’s Representative (COR) (Aug 1999)

SECTION 3 – SOLICITATION PROVISIONS

1.0. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (Feb 1998) 57

2.0. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

3.0. APPLICABLE FAR AND DOSAR PROVISIONS INCORPORATED IN FULL TEXT

FAR 52.233-2 -- Service of Protest (Sep 2006)

DOSAR 652.206-70 -- Advocate for Competition/Ombudsman (Feb 2015)

DOSAR 652.219-70 -- Department of State Subcontracting Goals (Apr 2004)

4.0. TAILORING OF FAR 52.212-1

4.1. GENERAL

4.2. PERIOD OF ACCEPTANCE OF OFFERS

4.3. MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

4.4. NUMBER OF CONTRACTS TO BE AWARDED

4.5. COMMUNICATIONS CONCERNING THE SOLICITATION

4.6. QUESTIONS REGARDING THE SOLICITATION

4.7. PRE-PROPOSAL CONFERENCE

4.8. DISCREPANCIES

4.9. SUBMISSION OF OFFERS

4.10. PROPOSAL PREPARATION INSTRUCTIONS – GENERAL

4.11. PROPOSAL PREPARATION INSTRUCTIONS – VOLUME SPECIFIC

4.12. NOTICE OF CHANGES

SECTION 4 – EVALUATION FACTORS

FAR 52.212-2 -- Evaluation-Commercial Items (Oct 2014)

1.0. NUMBER OF CONTRACTS TO BE AWARDED

2.0. COMPLIANCE WITH SOLICITATION REQUIREMENTS, TERMS, AND CONDITIONS

3.0. USE OF SUPPORTING INFORMATION

4.0. USE OF THIRD-PARTY CONTRACTORS FOR EVALUATION SUPPORT

5.0. PRE-AWARD SURVEY

6.0. SOLICITATION AMENDMENTS

7.0. DISCUSSIONS

8.0. DEBRIEFINGS

9.0. ELIGIBILITY FOR AWARD

10.0. TECHNICAL EVALUATION FACTORS

11.0. PRICE EVALUATION

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

1.0. Solicitation Provisions Incorporated by Reference (FAR 52.252-1) (Feb 1998)

2.0. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

3.0. APPLICABLE FAR AND DOSAR PROVISIONS INCORPORATED IN FULL TEXT

FAR 52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

FAR 52.209-7 -- Information Regarding Responsibility Matters (Oct 2018)

FAR 52.212-3 -- Offeror Representations and Certifications - Commercial Items (Oct 2020) . 84

FAR 52.229-11 -- Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

DOSAR 652.225-70 -- Arab League Boycott of Israel (Aug 1999)

4.0. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE ... 107

5.0. RECRUITMENT OF THIRD COUNTRY NATIONALS AND PROVISION OF EMPLOYER

FURNSHED HOUSING CERTIFICATION

6.0. AUTHORIZED NEGOTIATORS

7.0. INDIVIDUALS WITH AUTHORITY TO BIND THE CONTRACTOR

8.0. CERTIFICATION

SECTION 1 – CONTINUATION TO SF1449

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).

(b) This contract is for commercial items (i.e. services and supplies). However, the Contracting Officer may authorize the addition of non-commercial items for specific task order requirements.

(c) The Government intends to utilize firm-fixed-price (FFP), as defined in FAR 16.202, task 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).

(e) Task orders will be priced and paid in US dollars (USD). No additional sums will be payable for any escalation in the cost of performance or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of completing task orders. Price adjustments will not be made due to fluctuations in the exchange rate.

(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 $125,000.00 USD (inclusive of all direct costs, indirect costs, and profit) through the issuance of task order(s) within the IDIQ contract’s effective (i.e., ordering) period. The minimum quantity applies separately to each IDIQ contract awarded.

(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 $50,000,000.00 (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all IDIQ contracts awarded.

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. TASK ORDER PERIOD OF PERFORMANCE

The period of performance for each task order placed under the IDIQ contract shall be specified in the task order. Under no circumstances may a task 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 task 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). Task order options, if included, may be exercised after the expiration of the IDIQ contract.

5.0. PLACE OF DELIVERY OR PERFORMANCE

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 place of delivery and performance will be specified in each task order. Task orders issued under this IDIQ contract may require delivery and performance throughout Colombia. The Contractor agrees to provide requested services throughout Colombia, to include in remote, austere, and potentially dangerous environments.

6.0. REQUIRED SERVICES

Refer to Attachment 1 – Statement of Work. The Government reserves the right to negotiate, price, and incorporate additional products or services, within the general scope of this IDIQ contract, at the task order level.

Services not in scope. The Contractor shall not accept or perform work for a task order involving:

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

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

7.0. CORPORATE PROGRAM MANAGEMENT AND REPORTS

(a) CORPORATE PROGRAM MANAGEMENT

The Contractor’s corporate management structure shall guarantee senior, high-level, program management of this IDIQ. The contractor shall provide management support for performance requirements including, but not limited to, oversight of quality control, maintenance, safety, environmental compliance, project management, contractor communications, travel, visas, and taxes. The Contractor shall assume total performance responsibility for work performed and data delivered under each task 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. Verifying that the Contracting Officer (CO) soliciting and/or awarding task orders under this contract is authorized to do so. Verification may be obtained by contacting the Administrative Contracting Officer (ACO) identified in Section 1, Item 16.0 of this contract;

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

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

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

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

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

The CPM shall have sufficient corporate authority to direct, execute, and control all elements of this contract and resultant task 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.

The CPM need not be a full-time employee. Such individual shall be on-call during normal duty days. A “normal duty day” is defined as Monday through Friday (excluding Federal Holidays) from 8:00 am until 6:00 pm local (Bogota, Colombia) time.

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

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

During task order performance, the CPM shall respond within one (1) business day to all emails sent by the CO and/or COR and within two (2) hours for emails identified by the CO / COR as urgent.

The CPM shall ensure that all invoices submitted under resultant task orders: 1) comply with the requirements of the contract and task order; 2) are complete and correct; and 3) 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 task orders are 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 task order. Reporting shall continue until such time as active task orders remain and shall resume whenever new task 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 task 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 task orders 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 task 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 task 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 from the start of the 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 / task order stipulated.

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

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

SIR (Initial, Follow-up, or Final), Task Order Number, Contractor, and Location

The body of the email notification shall contain the synopsis of the action and the full report shall be attached. Only one SIR shall be submitted per email.

(f) NOTIFICATION OF “NO-BID” DECISIONS

The Government expects all contractors to submit a task order proposal in response to each Task Order Request for Proposal (TORP) issued under this contract. The Contractor shall notify the

Government when the Contractor has decided not to submit a task order proposal. The notification shall be provided as expeditiously as possible, but no later than the proposal submission deadline identified in the TORP. The notification shall include a brief statement explaining why the Contractor is unable to submit a task order proposal. Failure to submit a task order proposal without sufficient justification may be considered as negative past performance information, which may jeopardize the award of future task orders.

8.0. POST-AWARD CONFERENCE

The Contracting Officer intends to conduct post-award orientations via letter and telephone conference. Contractor participation is mandatory.

9.0. PRICING FOR “CORE” SERVICES

(a) Attachment 2 identifies the not-to-exceed firm fixed unit price (FFUP) applicable to the “core” services under this IDIQ contract. This not-to-exceed FFUP applies to the time period(s) described in the attachment. The Contractor may provide additional discounts at the task order level but may not propose rates exceeding the NTE FFUP.

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

(b) The negotiated FFUP includes all direct costs, indirect costs, and profit. The Contractor shall be solely responsible to provide personnel, supervision, services, equipment, materials, and any other items necessary to satisfactorily fulfill the services requested in this IDIQ.

(c) If a change in a local law(s) or new local law(s) occurs after contract 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.

10.0. COLOMBIAN VALUE ADDED TAX

Colombian Value Added Tax (IVA) is not applicable to this contract and shall not be included in the FFUP or invoices. INL Bogota will provide the Contractor tax exemption letter upon request.

11.0. TRAVEL

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.

12.0. DEFENSE BASE ACT (DBA) INSURANCE

The cost for DBA insurance, if required, is included in the negotiated FFUP described in Section 1, Item 9.0(a).

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 must be issued by a carrier approved by the United States Department of Labor to provide DBA Insurance or the Contractor must be a self-insured employer authorized by the United States Department of Labor to provide DBA Insurance.

13.0. 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.

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 or 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.

14.0. ADVANCE UNDERSTANDING

Any direct costs associated with task order proposal preparation are unallowable.

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm

15.0. SHIPPING, PACKAGING, PACKING, AND MARKING INSTRUCTIONS

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

15.1. Data Packaging Requirements

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

15.2. 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).

15.3. 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”.

15.4. Email Correspondence

The Contractor must include the IDIQ contract number and associated task order number in the subject line of all email correspondence relating to this contract.

16.0 INSPECTION AND ACCEPTANCE

16.1 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.

16.2 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.

16.3 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 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 convenient performance of these duties. 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.

The Government reserves the right to inspect and test the Contractor’s and subcontractors’ services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required to accomplish their inspections and tests. The Contractor agrees to maintain and provide records of pertaining to aircraft maintenance and aircrew certifications and qualifications.

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

Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

16.4 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 services. 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 task order.

16.5 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 task 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 task 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 task 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 task order.

17.0. 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 task 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 must include a table of contents. Attachments, if any, shall include the attachment number, deliverable name and number, and contract number and task order number.

DATA DELIVERABLES TABLE

Number Description Reference Frequency Distribution

D-01 CPM POC

Information

Section 1, Item 7.0(a)

Initially no later than 1 business day after award of IDIQ contract.

COR and CO

Number Description Reference Frequency Distribution

Update as required to ensure timely communications.

D-02 Monthly Progress Report

Section 1, Item 7.0(b)

No later than the 10th of each month following the award of a task order. Monthly thereafter.

COR and CO

D-03 Notice of Possible Delays

Section 1, Item 7.0(c)

As required. COR and CO

D-04 Self-Reporting of Non-Compliance

Section 1, Item 7.0(d)

No later than three (3) business days from an occurrence.

COR and CO

D-05 Serious Incident Report (SIR)

Section 1, Item 7.0(e)

No later than eight (8) hours after occurrence of a serious incident.

COR and CO

D-06 Notification of “No- Bid” Decision

Section 1, Item 7.0(f)

Prior to closing of

TORP.

CO

D-07 Quality Control Plan

Section 1, Item 16.4

No later than twenty

(20) days after award of the contract.

COR and CO

D-08 TORPs Distribution List

Section 1, Item 18.3(b)(2)

Immediately upon award of the contract.

CO

D-09 Written Code of Business Ethics and Conduct

52.203-13 Within 30 days after contract award, unless the Contracting Officer establishes a longer time period.

CO

D-10 Evidence of Insurance

Section 1, Item 34.0

No later than 15 days after award of the IDIQ contract.

CO

D-11 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-10 The end of the month following the month in which the prime Contractor awards any sub-contract greater than $25,000 into the

Electronically via FSRS website and notify the CO of completion via email.

Number Description Reference Frequency Distribution

FFATA Sub-Award Reporting System

(FSRS)

D-12 FAPIIS Reporting

52.209-9

Semi-Annually starting 6 months from the anniversary date of award of the IDIQ contract.

Electronically via FAPIIS website and notify the CO of completion via email.

D-13 Combatting Trafficking in Persons Compliance Plan

52.222-50(h) No later than 15 days after award of the contract.

CO and COR

D-14 Combatting Trafficking in Persons Annual Certification

52.222-50(h)(5) Annually CO and COR

D-15 DBA Insurance 52.228-3 Prior to commencement of work outside the U.S.

CO and COR

18.0. CONTRACT ADMINISTRATION DATA

18.1. Contracting Officer (CO)

The Contracting Officer (CO) alone has the authority to bind the Government and to exercise the rights, responsibilities, authorities, and functions vested by the contract. Only the CO has authority to issue task orders and to modify the terms of this contract and any resultant task orders. The Contractor is responsible for ensuring that all modifications to or deviations from contract or task order requirements are approved in writing by the CO.

Contracting Officer:

Juan M. Fernandez Department of State, Office of Acquisitions Management FernandezJM@state.gov

Written communications regarding the administration of this contract shall make reference to the contract number and shall be emailed to the above party.

mailto:FernandezJM@state.gov

18.2. Ordering Procedures

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue task orders:

Office of Acquisition Management (AQM) Contracting Officers

(b) Orders placed under this contract shall contain, at a minimum, the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Date(s) of performance;

(5) Place of performance; and

(7) Accounting and appropriation data.

(c) Orders may be issued by facsimile, by email, or by electronic commerce methods in accordance with FAR 52.216-18 “ORDERING.”

(d) The Government may, at its sole discretion, provide fair opportunity by individual flight, by operational phases, or by regional support requirements.

18.3. Fair Opportunity Process for Issuance of Task Orders

(a) Fair opportunity procedures need not be utilized for orders at or below the micro-purchase threshold.

(b) Orders Exceeding the Micro-Purchase Threshold.

The Contracting Officer will give every awardee a fair opportunity to be considered for a task order exceeding the micro-purchase threshold unless one of the statutory exceptions in FAR 16.505(b)(2) applies.

(1) Task Orders Not Expected to Exceed the Simplified Acquisition Threshold (SAT)

For orders not exceeding the SAT, as defined in FAR 2.101(b), the Contracting Officer need not contact each of the multiple awardees under the contract before issuing an order. The Government may review pricing, past performance, and technical information available to ensure that each awardee is provided a fair opportunity to be considered for award.

While not required, the Contracting Officer reserves the right to issue a Task Order Request for Proposal (TORP) to each awardee. The Government reserves the right to solicit delivery order proposals orally.

(2) Task Orders Expected to Exceed the SAT

The Contracting Officer will afford every awardee a fair opportunity to be considered for award through the issuance of a written TORP.

The Government intends to issue TORPs via e-mail to the maximum extent practicable. The TORP will be distributed to the following individual:

The Contractor shall, immediately upon award of the contract, provide the Contracting Officer a list of no more than four (4) email addresses to be used by the Government for the distribution of TORPs. The Contractor shall submit revised lists as required to ensure appropriate distribution of TORPs.

The Government reserves the right to issue TORPs via other appropriate methods (i.e. regular mail, facsimile, in person, electronic, etc.).

Each TORP will be assigned a tracking / reference number and will include at a minimum:

1. A clear description of required products, services, and deliverables;

2. Task order type(s) (e.g., firm-fixed-price);

3. Task order period of performance;

4. Task Order Proposal due date and time;

5. Task Order Proposal preparation and submission instructions;

6. Order-specific terms and conditions (if applicable); and

7. Basis upon which the award selection will be made.

For task orders expected to exceed the threshold established in FAR 16.505(b)(1)(iv), each TORP will also disclose the significant factors and subfactors that the agency expects to consider in evaluating task order proposals, and their relative importance.

(c) Post-award notices and debriefings will only be provided if required per FAR 16.505(b)(6).

18.4. Government’s Right to Issue Unilateral Task Orders

The Government reserves the right to issue unilateral task orders under this contract. Unilateral task orders may be issued in the event task order proposals are not received in response to a TORP.

Unilateral task orders will be based on the negotiated FFUP. The Contractor agrees to the issuance of said orders and agrees to perform said orders. The Government reserves the right to terminate for cause, and apply any other remedies afforded by law, a Contractor that fails to perform a unilateral task order.

19.0. CURRENCY OF PAYMENTS

Invoices under the contract shall be stated in U.S. dollars. Payments will be made in U.S. dollars.

20.0. DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoices must be submitted to DOSPayments@state.gov with a copy to FernandezJM@state.gov and the COR. Each invoice must be transmitted separately.

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

(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 contain 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) mailto:DOSPayments@state.gov mailto:FernandezJM@state.gov mailto:LopezJPX@state.gov

(7) Order/Award Line Item Number if invoicing against a task order 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 Contract 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 registered in the System for Award Management (SAM) should verify and re-confirm their financial information 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 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

21.0. NON-PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized services or supplies, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of mailto:commercialclaims@state.gov mailto:GFS-ChiefVC@state.gov its own volition or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract. Any such changes will be made in writing by the Contracting Officer.

22.0. LAWS AND REGULATIONS

The contractor shall comply with all laws, codes, ordinances, and regulations required to perform the work ordered under this contract, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. In the event of a conflict among the contract and requirements of local law, the contractor shall promptly advise the Contracting Officer of the conflict and a proposed resolution. Unless otherwise directed by the CO, the Contractor shall comply with the more stringent of the requirements.

The contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

The Contractor shall provide any official bonds and/or licenses required for the performance of this contract.

The Contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits, and for complying with any local laws, codes, and regulations applicable to the performance of the work.

The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

Evidence of Compliance. The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

23.0. DAMAGE TO PERSONS OR PROPERTY

(a) The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall be responsible for all damages to persons or property that occur because of the Contractor's fault, its negligence, or its failure to use reasonable care.

(b) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the

Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(c) The…