19AQMM22R0150_0002.pdf

RFP No. 19AQMM22R0150_0002

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 DELIVERY ORDER PERIOD OF PERFORMANCE

5.0 PLACE OF DELIVERY OR PERFORMANCE

6.0 SCOPE OF IDIQ CONTRACT

6.1 BACKGROUND

6.2 GENERAL REQUIREMENTS

6.3 MAIN PERFORMANCE AREAS

6.4 SERVICES NOT IN SCOPE

6.5 CORPORATE PROGRAM MANAGEMENT AND REPORTS

6.6 POST-AWARD CONFERENCE

7.0 PRICING FOR “CORE” PRODUCTS AND SERVICES

8.0 TRAVEL

9.0 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

10.0 DEFENSE BASE ACT (DBA) INSURANCE

11.0 SELECTED COST/PRICE-RELATED LAWS

12.0 ADVANCE UNDERSTANDING

13.0 SHIPPING, PACKAGING, PACKING, AND MARKING INSTRUCTIONS

13.1 DATA PACKAGING REQUIREMENTS

13.2 MARKING OF REPORTS

13.3 SOFTWARE AND MAGNETIC MEDIA MARKINGS

13.4 PACKING OF SUPPLIES FOR SHIPMENT

13.5 PACKING LIST(S)

13.6 WARRANTY NOTIFICATION

13.7 PACKAGING AND PALLETIZING

13.8 PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF

HAZARDOUS MATERIALS (HASMAT) FOR OVERSEAS SHIPMENT

14.0 INSPECTION AND ACCEPTANCE

14.1 ACCEPTABLE LEVELS OF PERFORMANCE

14.2 QUALITY OF REPORTS AND DATA DELIVERABLES

14.3 GOVERNMENT INSPECTION AND EVALUATION

14.4 CONTRACTOR QUALITY CONTROL

14.5 GOVERNMENT QUALITY ASSURANCE

15.0 IDIQ CONTRACT DELIVERABLES

16.0 CONTRACT ADMINISTRATION DATA

16.1 CONTRACTING OFFICER (CO)

16.2 ORDERING PROCEDURES

17.0 CURRENCY OF PAYMENTS

18.0 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USUGE OF THE INVOICE PROCESSING PLATFORM (IPP)

19.0 RESERVED

20.0 LAWS AND REGULATIONS

21.0 LICENSES, BONDS, AND PERMITS

22.0 DAMAGE TO PERSONS OR PROPERTY

23.0 SECURITY REQUIREMENTS

24.0 SAFEGUARDING INFORMATION

25.0 DOCUMENT CONTROL

26.0 ADVERTISING AND MARKETING

27.0 STANDARDS OF CONDUCT

28.0 REMOVAL FROM DUTY

29.0 RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON

DEPARTMENT OF STATE CONTRACTS

30.0 PASSPORT AND VISAS

31.0 GOVERNMENT-FURNISHED DATA

32.0 GOVERNMENT-FURNISHED PROPERTY (GFP)

33.0 INSURANCE REQUIREMENTS

34.0 INSURANCE FOR OVERSEAS TRAVEL AND MEDICAL REQUIREMENTS

35.0 EXPORT RESTRICTIONS

36.0 FOREIGN ASSISTANCE ACT PROCUREMENT RESTRICTIONS

37.0 MAINTENANCE CERTIFICATION

38.0 DEALERS AND SUPPLIERS

39.0 PARTS AND SERVICE

40.0 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

41.0 TECHNICAL DIRECTION

42.0 ORGANIZATIONAL CONFLICT OF INTEREST

43.0 KEY PERSONNEL

44.0 INCORPORATION OF ADDITIONAL TERMS AND CONDITIONS AT THE DELIVERY

ORDER LEVEL

45.0 GOVERNMENT’S RIGHT TO ISSUE UNILATERAL DELIVERY ORDERS

46.0 LIST OF ATTACHMENTS

47.0 NON-PAYMENT FOR UNAUTHORIZED WORK

SECTION 2 – CONTRACT CLAUSES

1.0 FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

2.0 CLAUSES INCORPORATED BY REFERENCE

3.0 APPLICABLE FAR AND DOSAR CLAUSES INCORPORATED IN FULL TEXT

3.1 FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2022)

3.2 FAR 52.216-18 – Ordering (Aug 2020)

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

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

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

3.6 Reserved

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

3.8 DOSAR 652.237-72 -- Observance of Legal Holidays and Administrative Leave (Feb 2015) 52

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

SECTION 3 – SOLICITATION PROVISIONS

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

2.0 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

3.0 APPLICABLE FAR AND DOSAR PROVISIONS INCORPORATED IN FULL TEXT

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

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

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

1.0 BASIS FOR CONTRACT AWARD

2.0 NUMBER OF CONTRACTS TO BE AWARDED

3.0 COMPLIANCE WITH SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS 68

4.0 USE OF SUPPORTING INFORMATION

5.0 USE OF THIRD-PARTY CONTRACTORS FOR EVALUATION SUPPORT

6.0 PRE-AWARD SURVEY

7.0 PRE-AWARD OPERATIONAL CAPABILITY DEMONSTRATION

8.0 SOLICITATION AMENDMENTS

9.0 DISCUSSIONS

9.0 DEBRIEFINGS

10.0 DETERMINATION OF RESPONSIBILITY

11.0 EVALUATION FACTORS

12.0 PRICE EVALUATION

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

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

2.0 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

3.0 APPLICABLE FAR AND DOSAR PROVISIONS INCORPORATED IN FULL TEXT

3.1 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

3.3 FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct 2022) 82

3.4 FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) 103

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

4.0 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE

5.0 AUTHORIZED NEGOTIATORS

6.0 INDIVIDUALS WITH AUTHORITY TO BIND THE CONTRACTOR

7.0 CERTIFICATION

SECTION 1 – CONTINUATION TO SF1449

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 most of the 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 $30,000,000.00 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 be used for collecting information through ISR (Intelligence, Surveillance and Reconnaissance) in mid-range missions to support rural security, law enforcement, and environmental protection priorities. This program will be under the operational command of the Colombian National Police (CNP) though it may be extended to other Colombian security forces and government agencies. INL Bogota is seeking to bolster the CNP’s capability to increase its threat awareness, provide real time information to decision-makers, as well as perform routine rural security, environment, and law enforcement missions.

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 seaports 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.

• Mid-Range Unnamed Aerial Systems

• Maintenance and Repair Services

• Training and Knowledge Transfer

• Provision and/or Installation of Accessories and/or Subsystems.

• Technical refresh / upgrades to UAS systems

• 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 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 resumes, 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:

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

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

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

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

(c) NOTICE OF POSSIBLE DELAYS

In the event the Contractor encounters difficulty in meeting 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” PRODUCTS AND SERVICES

(a) Attachment 1 and Attachment 2 identify the not-to-exceed (NTE) firm fixed unit price (FFUP) and specifications applicable to the “core” products and services under this IDIQ contract. This not-to-exceed FFUP applies to the time period(s) described in attachment 1. 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 NTE 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 NTE 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/p pq/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 or 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

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.

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 the website and notify the CO of completion via email.

Number Description Reference Frequency Distribution

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.

Contracting Officer: Juan M. Fernandez (FernandezJM@state.gov)

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

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 mailto:FernandezJM@state.gov

(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 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND

INSTRUCTIONS TO IMPLEMENT USUGE OF THE INVOICE PROCESSING

PLATFORM (IPP)

(a) Definitions. As used in these instructions

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov.

Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”

(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.

(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

[End of instructions]

19.0 RESERVED

20.0 LAWS AND REGULATIONS

The contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work, 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 of such laws, regulations and orders of the contract.

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.

21.0 LICENSES, BONDS, AND PERMITS

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

The Contractor shall obtain all permits, licenses, and appointments required for the execution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with host country laws. Failure to be fully licensed by date planned for commencement of contract performance may result in contract termination. The Contractor shall be responsible for application, justification, fees, and certifications for any licenses required by the host government. Once the contract is awarded, the Embassy may assist the Contractor to obtain permits and licenses as necessary. The Contractor shall request any assistance in writing to the Contracting Officer.

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.

Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer.

22.0 DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be financially and otherwise responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

23.0 SECURITY REQUIREMENTS

This is an unclassified contract. Contractor and subcontractor personnel assigned to this contract are not authorized to view, process, store, transmit, receive, or handle classified information.

24.0 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or…