19AQMM21R0236_SF1449 and RFP.pdf

19AQMM21R0236

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19AQMM21R0236

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

DATE

11/08/2021

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

12/14/2021 16:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

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

X 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: 336411

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 OPEAQM16. ADMINISTERED BY

INL Support

OPE/AQM/IP/INL

Office of Acquisition (AQM) 1200 Wilson Blvd (SA-06B) Arlington, VA 22209

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. 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 11/08/2021

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 Continuation Sheet

SECTION 1 CONTINUATION TO SF-1449

2 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-4 Alt I Contract Terms and Conditions-Commercial Items (Oct 2018) - Alternate I (Jan 2017) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020) 52.227-14 Rights in Data-General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000) 52.245-1 Government Property (Sep 2021)

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

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

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.247-70 NOTICE OF SHIPMENTS (FEB 2015)

652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021)

(DEVIATION)

52.243-7 Notification of Changes (Jan 2017)

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

2015)

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

3 Documents, Exhibits, or Attachments 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Items (Sep 2021) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.233-2 Service of Protest (Sept 2006)

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

4. TAILORING OF FAR 52.212-1

4 Solicitation Provisions

. SECTION 4 - EVALUATION FACTORS

5 Other1

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)

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

. Additional Representations and Certifications

Line Item Summary

Solicitation Number:

19AQMM21R0236

Contract Number: Title: INL Bogota - Group 1 (3 - 5 Miles) UAVs IDIQ

Date of Solicitation:

11/08/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 INL Bogota - Group 1 (3-5 Miles) UAVs Single 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

Line Item: 001

Invoice Addresses Applicable Deliveries

Line Item: 001

Property Addresses Applicable Deliveries

Section 1 - Continuation Sheet

SECTION 1 - CONTINUATION TO SF-1449

1.0 TYPE OF CONTRACT

(a) This is a single-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts), awarded to a US small business concern.

(b) This contract is for the acquisition of commercial items (i.e., services and supplies).

However, the Contracting Officer may authorize the addition of certain non-commercial components at the delivery order level.

(c) Specific tasks or work to be performed will be identified at the delivery order level. (Note:

Because the Government anticipates that the majority of performance under the contract will be for supplies, “delivery order” is used predominantly throughout this contract. However, the Government reserves the right to issue task orders, also. Where a contract term or condition references “delivery order,” such term or condition shall also apply to “task order.”)

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

Orders issued on a time-and-materials or labor-hour basis. A blanket Determinations and Findings (D&F) has not been approved for this IDIQ contract. As such, 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) Delivery orders will be priced and paid in US dollars (USD). For FFP orders, 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 delivery 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 $50,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of delivery order(s) within the IDIQ contract’s effective (i.e., ordering) period.

(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 $10,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee).

3.0 IDIQ EFFECTIVE PERIOD

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

4.0 DELIVERY ORDER PERIOD OF PERFORMANCE

The period of performance for each delivery order placed under the IDIQ contract shall be specified in the individual delivery order. A delivery order may not be issued under the IDIQ contract if the IDIQ contract has expired or has been terminated or cancelled by the Government. The period of performance of a delivery order may not exceed five (5) years and six (6) months, inclusive of options (FAR 52.217-8 and 52.217-9 options). Delivery 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 delivery 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.

The IDIQ contract may be used to fulfill requirements of INL outside of Colombia and other DOS programs.

6.0 SCOPE OF IDIQ CONTRACT

6.1 BACKGROUND

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

INL delivers technical assistance and capacity to: enhance international drug control through interdiction and supply reduction; develop civilian law enforcement capacity, regional partnerships, and information sharing; and further the administration of justice and corrections under the rule of law with respect for human rights. INL’s programs seek to oppose and counter illicit drug production and demand; drug, wildlife and human trafficking;

corruption; cybercrime; intellectual property rights (IPR) fraud; transnational organized crime; environmental crime; crimes that threaten civilian security; crimes against women; and activities using the proceeds of crime.

The products and services acquired under this contract will support eradication and other counternarcotics operations throughout Colombia. This program will be under the operational command of the Colombian National Police (CNP) though it may be extended to other security forces. Coca cultivation in Colombia remains at record highs and eradication operations in Colombia remain dangerous. INL Bogota is seeking to bolters the CNP’s capability to increase its threat awareness, provide real time information to eradication operations commanders, as well as to do post-eradication analysis using UAVs.

6.2 GENERAL REQUIREMENTS

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

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

Contractor must be capable of providing services in the language utilized by INL partner nations and providing local warranty, maintenance, and support. The use of simultaneous translators and/or US-based warranty and technical services will likely not meet INL requirements.

6.3 MAIN PERFORMANCE AREAS

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

- Group 1 (3-5 Miles) Unnamed Aerial Systems

- Maintenance and Repair Services

- Training and Knowledge Transfer

- Provision and/or Installation of Accessories or Subsystems.

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

Additional supplies and services, within the general scope of the contract, may be added at the delivery order level.

6.4 SERVICES NOT IN SCOPE

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

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

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

6.5 CORPORATE PROGRAM MANAGEMENT AND REPORTS

(a) CORPORATE PROGRAM MANAGEMENT

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

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

The CPM duties include, but are not limited to:

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

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

3. Ensuring that all reporting information required under this contract and resultant delivery orders is provided accurately, thoroughly, and timely;

4. Resolving any performance issue related to this contract and delivery orders awarded under it;

5. Ensuring that all contractual agreements, including modifications, are negotiated and executed expeditiously; and

6. Ensuring that all delivery order invoicing is accurate and timely.

The CPM shall have sufficient corporate authority to direct, execute, and control all elements of this contract and resultant delivery orders. If the CPM does not have contractual authority to bind the Contractor, the 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. For the purpose of this requirement, a “normal duty day” is defined as Monday through Friday (excluding Federal Holidays) from 8:00 am until 5:00 pm Eastern Time.

The Contractor shall assign, with the concurrence of the CO or COR, temporary replacements to cover for the CPM during periods of CPM paid time off or other form of absence. 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 delivery order performance, the CPM shall respond within one (1) business day to all emails sent by the CO and/or COR.

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

The CPM shall ensure that all invoices submitted under resultant delivery orders: 1) comply with the requirements of the contract and delivery 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 delivery 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 delivery order.

Reporting shall continue until no active delivery order remains and shall resume when a new delivery order is awarded.

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

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

2. The report shall specify contract financial status by:

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

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

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

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

(c) NOTICE OF POSSIBLE DELAYS

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

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

SUPPLIES

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

(e) SERIOUS INCIDENT REPORTING

The Contractor shall provide a Serious Incident Report (SIR) for any and each serious incident.

For the purposes of this section, “serious incident” means any incident that results or is likely to result in:

- Embarrassment or harm 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.

6.6 POST-AWARD CONFERENCE

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

7.0 PRICING FOR “CORE” SERVICES

(a) Attachments 1 and 2 identify the not-to-exceed firm fixed unit price (FFUP) and specifications applicable to the “core” items and 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 delivery 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 delivery 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 requirements of 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.

(d) 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 a tax exemption letter upon request.

8.0 TRAVEL

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

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

9.0 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

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

10.0 DEFENSE BASE ACT (DBA) INSURANCE

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

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

1. United States citizens or residents;

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

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

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

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

11.0 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C.

Chapter 67), because the principal purpose of the contract is not to furnish services in the United States through the use of service employees.

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

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

12.0 ADVANCE UNDERSTANDING

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

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

b) Delivery orders awarded under this contract will support foreign assistance projects under the Foreign Assistance Act of 1961 (Public Law 87-195). The Contractor shall not pay any taxes, import, or customs fees to the government of the host nation or aid receiving nation(s).

As appropriate, INL or the U.S. Embassies concerned may assist in customs or other official clearances of contractor-acquired items and associated equipment for duty-free status. If taxes, import, or customs fees cannot be mitigated, the Contractor shall request directions from the Contracting Officer.

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

c) Direct costs are costs that are specifically identified with a particular final cost objective (e.g., contract). Direct costs under this contract shall be charged directly under this contract (at the delivery order level). Examples are costs associated with travel, danger pay, post hardship differential pay, DBA insurance, program management, and contract deliverables.

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

13.0 SHIPPING, PACKAGING, PACKING, AND MARKING INSTRUCTIONS

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

13.1 Data Packaging Requirements

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

13.2 Marking of Reports

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

(a) Name and business address of the Contractor;

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

(c) Project Name;

(d) Date of report;

(e) Deliverable name and number; and

(f) Program office(s).

13.3 Software and Magnetic Media Markings

Packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: “CAUTION: SOFTWARE/MAGNETIC MEDIA

ENCLOSED. DO NOT EXPOSE TO HEAT OR MAGNETIC FIELDS”.

13.4 Packing of Supplies for Shipment

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

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

AMERICAN EMBASSY

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

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

13.5 Packing List(s)

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

(a) Name and address of consignor;

(b) Name and address of consignee;

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

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

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

13.6 Warranty Notification

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any.

Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

13.7 Packaging and Palletizing

The packing and palletizing, if palletizing is required under this contract, must conform to the standards in the International Standards for Phytosanitary Measures Publication No.

15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM

15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the followingwww.cbp.gov/xp/cgov/import/commercial_enforcement/ wpmorwww.aphis.usda.gov/ppq/wpm/import.html.

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

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

(a) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization (IMO).

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

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

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

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

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

14.0 INSPECTION AND ACCEPTANCE

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

14.1 Acceptable Levels of Performance

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

14.2 Quality of Reports and Data Deliverables

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

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

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

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

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

14.3 Government Inspection and Evaluation

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All inspections and evaluation by the Government’s representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established professional auditing practices and standards.

If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with the Government prior to implementation. Reports of the Contractor’s performance shall be placed in the contract file and will be subject to release to the public.

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

14.4 Contractor Quality Control

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

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

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

14.5 Government Quality Assurance

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

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

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

The Contractor shall promptly correct and improve any shortcomings noted during inspections.

The Contractor shall also bring any conditions beyond the responsibility of the Contractor to the attention of the CO.

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

15.0 IDIQ CONTRACT DELIVERABLES

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

For example, while not listed, the Contractor must still provide notifications required per FAR 52.212-4, paragraph f.

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

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

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

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

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

DATA DELIVERABLES TABLE

Number Description Reference Frequency Distribution

D-01 CPM POC

Information Section 1, Item 6.5(a)

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

Update as required to ensure timely communications.

COR and CO

D-02 Monthly Progress Report

Section 1, Item 6.5(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 6.5(c)

As required. COR and CO

D-04 Self-Reporting of Non-Compliance

Section 1, Item 6.5(d)

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

COR and CO

D-05 Serious Incident Report (SIR)

Section 1, Item 6.5(e)

No later than four (4) hours after occurrence of a serious incident.

COR and CO

D-06 Quality Control Plan

Section 1, Item 14.4

No later than twenty (20) days after award of the contract.

COR and CO

D-07 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

Number Description Reference Frequency Distribution D-08 Evidence of

Insurance Section 1, Item 36.0

No later than 30 days after award of the contract

CO

D-09 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 FFATA Sub- Award Reporting System (FSRS)

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

D-10 FAPIIS

Reporting

52.209-9

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

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

D-11 Combatting Trafficking in Persons Compliance Plan

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

CO and COR

D-12 Combatting Trafficking in Persons Annual Certification

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

D-13 DBA Insurance 52.228-3 and 52.223-4

Prior to commencement of work outside the U.S.

CO and COR

16.0 CONTRACT ADMINISTRATION DATA

16.1 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 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.

Principal 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 parties.

16.2 Ordering Procedures

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

Office of Acquisition Management (AQM) Contracting Officers

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

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

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information or order-specific terms and conditions.

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

17.0 CURRENCY OF PAYMENTS

All invoices under the contract shall be stated in U.S. dollars, and all payments will be made in U.S. dollars.

18.0 DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 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 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)

(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…