19AQMM22R0154_0001.pdf

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INL Bogota Professional, Administrative, and Facility Support Services IDIQ
Solicitation number
19AQMM22R0154
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This solicitation is for indefinite delivery/indefinite quantity professional, administrative, and facility support services for the Bureau of International Narcotics and Law Enforcement Affairs in Bogota, Colombia. Services include business operations, engineering, administrative support, procurement support, travel assistance, logistics support, subject matter experts, and aviation support. The period of performance is 60 months with a minimum guarantee of $100,000 and maximum of $60 million. Pricing is fixed fully loaded hourly rates, firm fixed prices for program management, and cost reimbursement for other expenses like travel. The response deadline is July 19, 2022. The incumbent contractor is Olgoonik Federal, LLC. Citizenship and security requirements are identified for personnel.

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19AQMM22R0154_0001

Table of Contents

Section B – Supplies or Services and Prices/Costs

B-001 TYPE OF CONTRACT

B-002 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

B-003 FIXED FULLY LOADED HOURLY LABOR RATES

B-004 FFP FOR PROGRAM MANAGEMENT OFFICE (PMO) SERVICES

B-005 TRAVEL COSTS

B-006 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

B-007 OVERTIME

B-008 SELECTED COST/PRICE-RELATED LAWS

B-009 ADVANCE UNDERSTANDING

Section C – Description/Specifications/Statement of work

C-001 SCOPE OF SERVICES

C-002 GENERAL PERFORMANCE AREAS

C-003 QUALIFICATIONS OF CONTRACTOR PERSONNEL

C-004 OTHER PERSONNEL REQUIREMENTS

C-005 NOTICE TO GOVERNMENT OF LABOR DISPUTES

C-006 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

C-007 SYSTEMS OF RECORDS ON INDIVIDUALS

C-008 TELEWORK

C-009 PMO SERVICES

Section D – Packaging and Marking

D-001 DATA PACKAGING REQUIREMENTS

D-002 MARKING OF REPORTS

D-003 SOFTWARE AND MAGNETIC MEDIA MARKINGS

D-004 PACKING OF SUPPLIES FOR SHIPMENT

D-005 PACKING LIST(S)

D-006 WARRANTY NOTIFICATION

D-007 PACKAGING AND PALLETIZING

D-008 PRESERVATION, PACKAGING, PACKING, AND MARKING AND LABELING

OF HAZARDOUS MATERIALS (HAZMAT) FOR OVERSEAS SHIPMENT

Section E – Inspection and Acceptance

52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

E-001 ACCEPTABLE LEVELS OF PERFORMANCE

E-002 QUALITY OF REPORTS AND DATA DELIVERABLES

E-003 GOVERNMENT INSPECTION AND EVALUATION

E-004 CONTRACTOR QUALITY CONTROL

E-005 GOVERNMENT QUALITY ASSURANCE

Section F – Deliveries or Performance

52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

F-001 IDIQ EFFECTIVE PERIOD

F-002 TASK ORDER PERIOD OF PERFORMANCE

F-003 PLACE OF PERFORMANCE

F-004 TIME OF PERFORMANCE

F-005 IDIQ CONTRACT DELIVERABLES

Section G – Contract Administration Data

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

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

G-001 CONTRACTING OFFICER

G-002 CURRENCY OF PAYMENTS

G-003 EXPANDED INVOICE INSTRUCTIONS

G-004 EVALUATION OF INVOICES AND PAYMENT

G-005 FINAL INVOICE

G-006 QUICK-CLOSEOUT PROCEDURES

G-007 ORDERING PROCEDURES

Section H – Special Contract Requirements

H-001 LAWS AND REGULATIONS

H-002 LICENSES, BONDS AND PERMITS

H-003 NON-DISPLACEMENT OF QUALIFIED WORKERS

H-004 DAMAGE TO PERSONS OR PROPERTY

H-005 SECURITY REQUIREMENTS

H-006 DEPARTMENT ACCESS FOR NON-U.S. CITIZENS

H-007 LOCAL HOST COUNTRY SUBCONTRACTOR(S) AND PERSONNEL

H-008 POTENTIAL FOREIGN SUBCONTRACTORS

H-009 PERSONNEL NOT ACCESSING SENSITIVE MATERIAL, AREAS, AND

SYSTEMS

H-010 CONTRACTOR IDENTIFICATION

H-011 SAFEGUARDING INFORMATION

H-012 DOCUMENT CONTROL

H-013 ADVERTISING AND MARKETING

H-014 CONTACT INFORMATION FOR SENSITIVE AND/OR OPERATIONAL

POSITIONS

H-015 EMERGENCY PERSONNEL

H-016 STANDARDS OF CONDUCT

H-017 REMOVAL FROM DUTY

H-018 CONTRACTOR PERSONNEL PERFORMING UNDER WORLDWIDE

DEPARTMENT OF STATE CONTRACTS

H-019 RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON

DEPARTMENT OF STATE CONTRACTS

H-020 LANGUAGE PROFICIENCY

H-021 PASSPORT AND VISAS

H-022 GOVERNMENT-FURNISHED DATA

H-023 GOVERNMENT-FURNISHED PROPERTY (GFP)

H-024 GOVERNMENT-FURNISHED EQUIPMENT AND SPACE (ON-SITE)

H-025 INSURANCE REQUIREMENTS

H-026 INSURANCE FOR OVERSEAS TRAVEL AND MEDICAL REQUIREMENTS

H-027 EXPORT RESTRICTIONS

H-028 FOREIGN ASSISTANCE ACT PROCUREMENT RESTRICTIONS

H-029 TECHNICAL DIRECTION

H-030 ORGANIZATIONAL CONFLICT OF INTEREST

H-031 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

H-032 KEY PERSONNEL

H-033 ENVIRONMENTAL WASTE REPORT

H-034 CONTRACTOR TRAINING

H-035 CONTRACTOR BADGES AND KEY CONTROL

H-036 OPERATION OF GOVERNMENT VEHICLES

H-037 FOREIGN INCOME TAXES

H-038 UTILIZATION OF GOVERNMENT SOURCES OF SUPPLY

H-039 INCORPORATION OF ADDITIONAL TERMS AND CONDITIONS AT THE

TASK ORDER LEVEL

Section I – Contract Clauses

52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

52.203-14 -- Display of Hotline Poster(s) (NOV 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)

52.219-18 -- Notification of Competition Limited to Eligible 8(a) Participants (MAR 2020) .. 88

52.243-7 -- Notification of Changes (JAN 2017)

52.246-20 -- Warranty of Services (MAY 2001)

52.252-6 -- Authorized Deviations in Clauses (NOV 2020)

652.219-71 -- SECTION8(a) DIRECT AWARDS (AUG 1999)

652.215-70 -- EXAMINATION OF RECORDS

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

(FEB 2015)

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

Section J – List of Attachments

Section K – Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-8 -- Annual Representations and Certifications (MAY 2022)

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

52.209-7 -- Information Regarding Responsibility Matters (OCT 2018)

52.209-13 -- Violation of Arms Control Treaties or Agreements-Certification (NOV 2021) . 109

52.222-56 -- Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020) . 111

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

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

K-001 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND

DISCLOSURE

K-002 AUTHORIZED NEGOTIATORS

K-003 INDIVIDUALS WITH AUTHORITY TO BIND THE CONTRACTOR

K-004 CERTIFICATION

Section L – Instructions, Conditions, and Notices to Offerors or Respondents

52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)

52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) - Alternate IV (Oct 2010)

52.233-2 -- Service of Protest (SEPT 2006)

52.252-5 -- Authorized Deviations in Provisions (NOV 2020)

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

652.245-70 -- Status of Property Management System (Dec 2013)

L-001 PERIOD OF ACCEPTANCE OF OFFERS

L-002 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

L-003 REQUIREMENT TO SUBMIT OFFERS IN U.S. CURRENCY AND ENGLISH .. 120

L-004 COMMUNICATIONS CONCERNING THE SOLICITATION

L-005 QUESTIONS REGARDING THE SOLICITATION

L-006 PRE-PROPOSAL CONFERENCE

L-007 DISCREPANCIES

L-008 SUBMISSION OF OFFERS

L-009 PROPOSAL PREPARATION INSTRUCTIONS – GENERAL

L-010 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME SPECIFIC

(a) VOLUME I - CONTRACT DOCUMENTATION

(b) VOLUME II - BUSINESS

(c) VOLUME III - PRICE PROPOSAL

(d) VOLUME IV – MANDATORY MINIMUM REQUIREMENTS

(e) VOLUME V – PAST PERFORMANCE

(f) VOLUME VI – TECHNICAL

L-011 NOTICE OF CHANGES

Section M – Evaluation Factors for Award

M-001 BASIS FOR CONTRACT AWARD

M-002 NUMBER OF CONTRACTS TO BE AWARDED

M-003 COMPLIANCE WITH SOLICITATION REQUIREMENTS, TERMS, AND

CONDITIONS

M-004 USE OF SUPPORTING INFORMATION

M-005 SOLICITATION AMENDMENTS

M-006 DISCUSSIONS

M-007 DEBRIEFINGS

M-008 DETERMINATION OF RESPONSIBILITY

M-009 EVALUATION FACTORS

M-010 FACTOR 1: MANDATORY MINIMUM REQUIREMENTS

M-011 FACTOR 2: PAST PERFORMANCE

M-012 FACTOR 3: TECHNICAL

M-013 PRICE EVALUATION

Section B – Supplies or Services and Prices/Costs

B-001 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).

(b) The Government anticipates to award labor-hour, time-and-materials, and firm-fixed-price task orders. However, the Government reserves the right to award task orders utilizing any of the contract types, or a combination thereof, identified in FAR Part 16 (Types of Contracts).

(c) This is a non-personal services contract, as defined by Federal Acquisition Regulation (FAR)

37.101. Inherently Governmental Services, as identified 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 (IGF).

B-002 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

(a) The Government shall meet the IDIQ contract minimum of $100,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of task 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 $60,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee).

B-003 FIXED FULLY LOADED HOURLY LABOR RATES

(a) This section applies to labor-hour arrangements (i.e., task orders or line items in a task order), the time portion of time-and-materials arrangements, and when negotiating the fixed price under fixed-price arrangements.

(b) The negotiated fixed fully loaded hourly labor rates are located in Attachment 1. The corresponding labor category descriptions and qualifications are located in Attachment 2.

(c) The negotiated fixed fully loaded hourly labor rates are in United States currency.

(d) The negotiated fixed fully loaded hourly labor rates are based on performance by Local National employees only.

(e) Each negotiated fixed fully loaded hourly labor rate consists of an unloaded hourly labor rate, any labor- related direct costs (e.g., any direct fringe benefits, any direct bonuses), all costs associated with satisfying any local labor laws, applicable indirect costs, DBA insurance, and profit amount. It does not include any other costs, including ODCs/non-labor-related direct costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a direct material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

(f) Any costs included in the negotiated fixed fully loaded hourly labor rates shall not be charged elsewhere under this contract.

(g) At the task order level, the Government will specify the SUBCLINs for task order performance. The Contractor shall comply unless it has requested and received from the Contracting Officer in advance of task order performance written approval of an alternative (e.g., use of a third-country national).

(h) The following describes the normal workweek for the Contractor and subcontractor employees:

1. A normal workweek falls within a consecutive seven-day period.

2. The negotiated fixed fully loaded hourly labor rates apply to a normal workweek of 40 or

48 hours, respectively.

3. A normal workweek of 40 hours is based on routine performance of eight hours per day multiplied by five days per week.

4. A normal workweek of 48 hours is based on routine performance of eight hours per day multiplied by six days per week.

5. A normal workweek of 40 hours applies to performance in the continental United States

(CONUS) or in Bogota, Colombia. “CONUS” means the 48 contiguous states, Alaska, Hawaii, and the District of Columbia.

6. A normal workweek of 48 hours generally applies to performance in Colombia, excluding Bogota.

7. If the normal workweek for an individual task order differs from a 40-hour or 48-hour normal workweek, the Government will solicit and negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

8. If the normal workweek for an individual task order differs from a 40-hour or 48-hour normal workweek, the parties will negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

(i) Each negotiated fixed fully loaded hourly labor rate applies to all categories of employees, including permanent, temporary, full-time, and part-time.

(j) Any required additional labor categories (i.e., those not identified in attachment 1) will be specified and their associated labor rates will be proposed and negotiated at the task order level.

Additional labor categories and associated labor rates proposed and negotiated for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

(k) The fully loaded hourly labor rates awarded as part of an individual task order will apply only to that task order. The fully loaded hourly labor rates awarded as part of an individual task order will also apply to each equitable adjustment resulting from any change to the task order requirement.

(l) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the awarded fixed fully loaded hourly labor rate minus to be inserted prior to award % attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials. Refer to FAR 52.246-6 (Inspection – Time-and-Material and Labor-Hour).

(m) For labor-hour arrangements and the time portion of time-and-materials arrangements, labor hours for each labor category will be paid at the same negotiated fixed fully loaded hourly labor rate regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor.

B-004 FFP FOR PROGRAM MANAGEMENT OFFICE (PMO) SERVICES

(a) The following table displays the negotiated firm-fixed-price (FFP) per month for PMO Services:

TABLE B-004: FFP for PMO Services

SubCLIN Description FFP per Month Months Total

001A PMO Services -

Contract Period 1 To be inserted at contract award

To be inserted at contract award

001B Phase-In Services - Contract Period 1

To be inserted at contract award

To be inserted at contract award

PMO Services -

Contract Period 2 To be inserted at contract award

To be inserted at contract award

PMO Services -

Contract Period 3 To be inserted at contract award

To be inserted at contract award

PMO Services -

Contract Period 4 To be inserted at contract award

To be inserted at contract award

PMO Services -

Contract Period 5 To be inserted at contract award

To be inserted at contract award

(b) Each negotiated FFP is in United States currency. The negotiated FFP will not be subject to adjustment after award.

(c) Each negotiated FFP consists of all costs (direct, indirect, labor, non-labor, minimum costs required by local laws) and profit. Performance shall be in accordance with Section J, Attachment 3.

(d) Any costs included in the negotiated FFP shall not be charged elsewhere under this contract.

(e) At the task order level, the Contractor shall propose and be paid only the FFP identified in Table B-004.

B-005 TRAVEL COSTS

(a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, and passport/visa costs.

(b) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs).

(c) Travel costs are authorized for travel beyond a 50-miles’ radius of the Contractor employee’s local place of performance (official duty station) whenever work is required to be accomplished at a remote work site.

(d) Local travel shall be processed as follows:

1. If the Government requires a Contractor employee to work an entire normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

Payment for time associated with such travel is unallowable.

2. If the Government requires a Contractor employee to work part of a normal work day at a site other than the Contractor employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, all travel costs are generally allowable, but only for those costs resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station) and departs at the end of his normal work day from his local place of performance (official duty station). An example is an employee having to attend a meeting at a Department of State site in the middle of the work day.

Payment for time associated with such travel is generally allowable as long as such time is counted as part of the employee’s normal work day.

3. If the Government requires a Contractor employee to work part of a normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is only one of the following:

a. one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station); or

b. one in which the employee departs at the end of his normal work day from his local place of performance (official duty station).

An example is an employee having to attend an all-morning local meeting and returning afterwards to his local place of performance (official duty station).

Payment for time associated with going from the employee’s local place of performance (official duty station) to a site other than the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

Payment for time associated with returning from a site other than the employee’s local place of performance (official duty station) to the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

(e) No travel costs (or associated labor time during travel) shall be allowable for regular commuting or telecommuting beyond (or within) a 50-miles’ radius of the Contractor’s local place of performance (official duty station).

(f) Costs when using a privately owned vehicle (POV) for official travel are allowable provided that such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train). Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

(g) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

(h) Costs for car rentals for official travel are allowable pursuant to the following:

1. Such rentals are consistent with good business practice;

2. Such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train); and

3. Such costs do not exceed the actual cost of renting a compact automobile (maximum of one automobile for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and Contracting Officer approval is obtained.

Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

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

1. Payment of travel time described herein does not conflict with the Contractor’s established travel policy.

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

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

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

5. The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours.

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

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

8. Exceptions must be authorized in advance and in writing by the Contracting Officer.

(j) The following items concern passports and visas:

1. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have a current and valid U.S. passport.

2. The Contractor shall be responsible for ensuring that all local national or third country national personnel who will be required to travel to the United States and foreign countries under this contract have a current and valid passport of their home country.

3. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries and the United States for local nationals and third country nationals under this contract.

4. The Contractor’s costs for obtaining and maintaining passports and/or visas will be generally allowable, but the Contractor shall pro-rate equitably such costs if they will benefit cost objectives (e.g., contracts) other than this cost objective.

5. The Government will not reimburse the Contractor for travel expenses when travel is cancelled or modified as a result of the Contractor’s failure to obtain a visa, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

6. The Government will not reimburse the Contractor for the use of private visa procurement services provided by a third party unless prior written approval was obtained by the Contracting Officer. When requesting written approval, the Contractor shall submit a cost-benefit analysis to the Contracting Officer.

(k) Costs for travel that has been modified or cancelled are not allowable unless such modification or cancellation was caused by the Government or otherwise beyond the control of the Contractor.

(l) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless an exception exists. If such conditions exist under a fixed price arrangement (i.e., task order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service. Inclusion of such costs in the awarded fixed price is contingent upon Government acceptance of such explanation.

If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit with its voucher a memorandum explaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

(m) All travel must be authorized in writing and in advance by the Contracting Officer's Representative or Government Technical Monitor. Travel costs will not be reimbursed for any travel for which advance written approval has not been obtained.

B-006 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable and allocated separately as an ODC (other direct cost) or direct material at the task order level. However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements:

(a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

(b) When paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, such plan or policy is followed consistently as to imply, in effect, an agreement to make such payment pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

(c) The Contractor's basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f)(1)(ii) (Bonuses and Incentive Compensation).

(d) Payment of such costs is otherwise consistent with FAR subpart 31.2.

(e) Payment will be made only for areas identified as Post Hardship Differential Pay areas and/or Danger Pay areas in Section 920 of the Department of State Standardized Regulations (DSSR).

(f) Payment will be made only for eligible employees. Eligible employees are employees:

1. Whose country of citizenship is not in the task order place of performance; and

2. Whose primary residence is in an area not identified in Section 920 of the DSSR, or an area identified in Section 920 of the DSSR with an applicable DSSR percentage that is less than the respective applicable DSSR percentage for the task order place of performance.

(g) Payment for a given workweek for an eligible employee will not exceed the dollar amount resulting from multiplying the applicable DSSR percentage by the employee’s basic compensation for the given workweek.

(h) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal(s) (or upon task order award if feasible) under fixed-price arrangements (i.e., task orders or line items in a task order).

(i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

(j) An eligible employee’s basic compensation for a given workweek is the dollar amount attributable to the employee as a result of the employee’s productive hours and paid time off (e.g., sick, vacation, holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek. However, such compensation must:

1. Benefit the task order; and/or

2. Be an equitable amount that is necessary to support the overall operation of the business, although a direct relationship to any particular cost objective (e.g., task order) cannot be shown.

(k) The number of hours included in an eligible employee’s basic compensation for a given workweek cannot exceed the number of hours for the task order’s normal workweek. A normal workweek is defined in Section B-003(h).

(l) Basic compensation included in the fixed-price under fixed-price arrangements will consist of each eligible employee’s negotiated base salary/unloaded compensation for the task order period of performance.

(m) Basic compensation will consist of actual incurred base salary/unloaded compensation for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

(n) An eligible employee may receive Post Hardship Differential Pay and Danger Pay during paid time off only when the employee takes paid time off in the task order place of performance or in another Post Hardship Differential Pay and Danger Pay area, respectively.

(o) When an eligible employee takes paid time off in another Post Hardship Differential Pay and/or Danger Pay area, payment will be based on the applicable DSSR percentage(s) for the task order place of performance.

(p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 42 and will not be retroactive to days previously served unless paragraph “q” immediately below applies. The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid time off, and time otherwise spent in the task order place of performance.

(q) Once an eligible employee has served 42 calendar days in the task order place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task order place of performance if the task order place of performance is in an area identified in Footnote N in the Post Classification and Payment Tables in Section 920 of the DSSR. Currently, Afghanistan and Iraq are the only such areas.

(r) Payment of Post Hardship Differential Pay for an eligible employee will conclude when the eligible employee departs the task order place of performance, unless such departure is to another Post Hardship Differential Pay area during paid time off.

(s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the task order place of performance after an absence from the task order place of performance, the number of days served resumes on the day of return. For example, if an eligible employee served 30 calendar days in the task order place of performance and departed the task order place of performance for 14 days, the day of return (day 44) will be considered day 31 of days served.

(t) Payment of Danger Pay for an eligible employee will commence on the day of arrival in the task order place of performance and conclude on the day of departure from the task order place of performance, unless such departure is to another Danger Pay area during paid time off.

B-007 OVERTIME

(a) The Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the

Government will result or when it is necessary to meet urgent program needs. Refer to FAR 22.103-2 (Overtime – Policy).

(b) Overtime is defined as time worked in excess of the number of hours in a normal workweek.

(c) “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).

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

(e) “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. Refer Section B-005(i) for further information.

(f) A normal workweek is defined in Section B-004(h).

(g) For fixed-price arrangements (i.e., task orders or line items in a task order), the Government will not pay for overtime.

(h) The following applies to cost-reimbursement arrangements and the materials portion of time-and-materials arrangements (task orders or line items in a task order):

1. Government payment for overtime must be authorized in advance of any Contractor employee’s performance of overtime and in writing by the Contracting Officer when the Contractor requests an overtime premium cost that exceeds $0.00. Such request shall be submitted in writing to the Contracting Officer and shall address each item under FAR 52.222-2(b) (Payment for Overtime Premiums).

2. Evidence showing the Contracting Officer’s approval shall be sent with each invoice on which overtime containing a premium cost that exceeds $0.00 is being billed.

3. Advance Government authorization for any Contractor employee’s performance of overtime is not required when the overtime premium cost does not exceed $0.00.

4. Unless advance authorization has been granted pursuant to Section B-007(h)(1), any Government payment for Contractor employee overtime will be made at the actual incurred straight-time hourly labor rate that the Contractor pays the Contractor employee and determined allowable by the Contracting Officer, pursuant to FAR 31.201-2 (Determining Allowability).

5. Government payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice. If the Contractor has such a policy or practice, the Government will not compensate the Contractor for overtime costs in accordance with such policy or practice.

(i) The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (task orders or line items in a task order):

1. Government payment for overtime will be made at the fixed fully loaded hourly labor rates negotiated in the contract or task order.

2. Advance written COR authorization is required for Contractor employee’s performance of overtime. Evidence showing the COR’s approval shall be sent with each invoice on which overtime is billed.

3. Government payment of overtime will be made only if the Contractor compensates the Contractor employee for the employee’s overtime performance. Contractor payment for each overtime hour shall be, at a minimum, at the regular hourly labor rate that the employee actually receives for normal workweek performance, and, if applicable, at the overtime premium that the employee actually receives for overtime performance.

B-008 SELECTED COST/PRICE-RELATED LAWS

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

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

(b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply to the 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.

However, the Truthful Cost or Pricing Data statute may apply during contract performance when the Government contemplates an action for which an exception to the Contractor providing certified cost or pricing data does not apply (e.g., when negotiating a price estimated to exceed the certified cost or pricing data threshold for a new non-competitive task order, modification of a task order, or modification of the contract based on rate/cost/price information not previously negotiated in the contract or task order).

Pursuant to FAR 15.403-4(a)(1), the “threshold specified in the contract” for requiring the Contractor to provide certified cost or pricing data, when applicable, during contract performance is the threshold identified in the FAR edition, or any approved Department of State Deviation, effective at the time of the Government requiring the Contractor to provide certified cost or pricing data.

B-009 ADVANCE UNDERSTANDING

(a) At the task order level, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under firm-fixed-price arrangements), the Government will not reimburse costs for cost elements for which there were no estimated costs. Exceptions must be issued in writing by the Contracting Officer.

(b) The Contractor’s costs to remove and replace Contractor personnel from the task order performance location, as a result of such personnel doing the following, are unallowable:

jeopardizing or interfering with mission accomplishment; disrupting good order and discipline;

violating applicable laws, regulations, orders, instructions, policies, or directives; and/or failing to comply with or violating applicable requirements of this contract and the awarded task order.

(c) The negotiated prices for each task order shall include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after task 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.

For example, the prior year local law required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10 per hour. The changed local law increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour ($4.50 minus $4.10).

(d) While compensation costs and compensation-related taxes that are a liability of the Contractor are generally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the employee and not the Contractor. When a host country’s law(s) requires the Contractor to pay applicable host entities any income taxes that are the liability of the employee, the Contractor’s costs to administer such payment are generally allowable.

(e) If any task order period of performance exceeds the expiration date of the contract, the Government will pay the rates and percentages negotiated in the task order for such period.

(f) The Contracting Officer’s determination of the allowability of training costs shall be governed by the applicable sections in the FAR (e.g., FAR 31.205-44, FAR 31.205.43). The Contractor shall provide fully trained employees capable of successfully performing all tasks assigned to them under each task order. The Contractor shall obtain advanced written approval from the Contracting Officer for any training that will be directly charged to any task order issued under this contract.

(g) Task 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 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.

(h) Any direct costs associated with task order preparation are unallowable.

(i) Any direct costs incurred prior to or after the task order effective period are unallowable.

(End of Section B)

Section C – Description/Specifications/Statement of work

C-001 SCOPE OF SERVICES

(a) GENERAL

This section outlines the objectives to be fulfilled under the Indefinite Delivery-Indefinite Quantity (IDIQ) contract. Specific desired outcomes and constraints, including deliverables, performance requirements, and quality assurance standards will be developed for each task order issued by the Department of State (DOS).

The Contractor shall provide required personnel as detailed in each task order. All personnel must meet or exceed the requirements identified in the applicable position description and any additional requirements identified in the task order.

The contractor shall:

(1) Provide personnel that are available and reliable to meet the demands of the required task order, work schedule, and travel requirements established for the position.

(2) Ensure that all personnel have the required organizational, oral, and written communication skills and the ability to follow directions as specified in each task order.

(3) Provide personnel that are capable of consistently delivering uninterrupted high-quality work, as is expected of competent professionals.

(4) Provide adequate staffing support to ensure that each INL program maintains continuity for the entire duration of the contract and provides adequate transitional support when required.

(5) Obtain and retain qualified employees to meet the mission objectives of INL Bogota.

(6) Provide a compensation package that attracts and retains competent employees that meet the objectives stated in each task order.

(7) Provide customers with a positive experience by maintaining a professional and efficient workforce.

(b) ABOUT INL BOGOTA PROGRAMS

The mission of the Bureau of International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation.

This mission, which centers on helping our partner nations establish a capable and accountable criminal justice sector, was expanded during the past decade to include stabilizing post-conflict societies through criminal justice sector development and reform. This mission supports Peace and Security by stabilizing and strengthening security institutions to build a global security capacity and by combating narco-trafficking and other transnational crimes such as money laundering and criminal gangs. It promotes governing justly and democratically by strengthening justice sector institutions, good governance, and respect for human rights.

The Bureau’s priority programs support three interrelated objectives:

Building Criminal Justice Systems: Institutionalize rule of law by developing and expanding criminal justice systems to strengthen partner country law enforcement and judicial effectiveness, foster cooperation in legal affairs, and advance respect for human rights.

Counter-Narcotics: Disrupt the overseas production and trafficking of illicit drugs through targeted counter narcotics and institution-building assistance and coordination with foreign nations and international organizations.

Transnational Crime: Minimize the impact of transnational crime and criminal networks on the U.S. and its allies through enhanced international cooperation and foreign assistance.

The U.S. Embassy INL Section Bogota is responsible for the administration of projects and funds provided by the Bureau for International Narcotics and Law Enforcement Affairs.

INL Section Bogota eradication and interdiction programs, security-related assistance, and institution building activities with the Colombian National Police (CNP), Military and Navy prevent hundreds of tons of illegal drugs from reaching the United States, deny criminal and terrorist groups financial support, increase state presence and the rule of law in consolidation zones throughout the country thus creating opportunities for licit economic activities, and provide capacity which Colombia shares with other countries in the region facing similar threats.

INL Section Bogota directly assists the Government of Colombia (GOC) to expand its presence into zones where illegal armed groups, illicit crop production and narco-trafficking converge.

INL Section Bogota resources also strengthen the capacity of judicial systems and increase accountability within Colombian institutions to address threats posed by emerging criminal bands (BACRIM), and to bring legitimacy and governance in zones of consolidation.

C-002 GENERAL PERFORMANCE AREAS

The following performance areas are not meant to be definitive, but rather represent in summary form the general areas to be supported. Specific performance requirements will be established at the task order level.

The Government reserves the right to incorporate additional performance areas and labor categories in support of INL Bogota programs by modifying the IDIQ contract or by adding the requirements in a task order.

(a) BUSINESS OPERATIONS

The contractor shall provide personnel that can deliver expert advice, assistance, guidance, and counseling, in support of the goals and objectives of each program within the INL Section Bogota.

The generalized proficiency required for these task orders are individuals who can work with the US Embassy and INL management teams, Colombian government officials, INL partner agencies, and technical experts and assistants in order to nationally eliminate agency fraud, modernize national security, develop outreach and training programs and develop strategies for fiscal stability.

These positions contribute to the development and implementation of organizational strategies, policies and practices and generally will require staff that is skilled within the areas of quantitative and qualitative analysis, developing critical evaluations, creating comprehensive training programs, providing programmatic performance oversight, and possessing strong managerial, operational, and logistical support expertise.

(b) ENGINEERING

Engineering services include, but are not limited to, developing and editing work scopes;

ensuring schedules and budgets are defined and maintained; providing coordination of resources between resource managers/supervisors; and ensuring that all necessary reviews and approvals are obtained as projects proceed to subsequent phases. Engineering services encompass such fields as electrical, electronics, information systems, civil, architect, and telecommunications.

(c) ADMINISTRATIVE SUPPORT

The contractor shall provide personnel that can deliver higher level office support and can provide specialized assistance for a managerial or logistical department such as accounting, budgeting, travel or general administration, or specialized support for a specific INL program.

The contractors assigned to this discipline must generally be able to perform a wide variety of administrative support duties ranging from general clerical support to complex administrative coordination and must be able to apply judgment with respect to communications and confidentiality. These positions require intermediate or advanced level proficiency in the use of standard desktop applications, including the ability to produce documents and presentations of all kinds using word processing, spreadsheets, and presentation software tools.

These positions contribute to the day-to-day efficiency and effectiveness of the INL mission and will require staff that is skilled in performing administrative and personal assistant duties including translation services, conducting research, preparing statistical reports and spreadsheets, preparing correspondence, presentations, handling information requests, planning conferences and meetings, providing purchasing and payroll support, employment administration requirements, making travel arrangements, and maintaining calendars and schedules.

Based on programs that INL has already initiated in the region, it is not uncommon for the preponderance of services to shift from one type of service to another type as a program evolves.

For example, a program may require a substantial procurement effort at the outset, followed by a shift in services to administrative and logistical support.

In some cases, the types of procurement, administrative, and logistical services are of a more specialized nature, which necessitates the hiring of experts in these fields. In other cases, the types of services required may be of a general enough nature that personnel can be hired to perform cross-functional duties encompassing elements of more than one type of service (e.g., procurement, administrative, logistics). Although it is the responsibility of the contractor to propose personnel with the requisite skills and knowledge to adequately perform in their respective positions, the contractor should consider hiring multifunctional personnel where there may be a perceived benefit, and where it is possible. For example, hiring multifunctional personnel may facilitate the retention of contractor employees in cases where there may be a significant shift in the types of required program support services over time.

(1) Procurement Support

The contractor shall provide functional specialists capable of supporting the management and administration of the procurement functions for multiple contracts and agreements. This includes oversight and adherence to the required government contracting processes and policies, aiding in the determination as to which products or services should be purchased based on procurement rules and regulations, communicating with both domestic and international suppliers and support of other complex issues regarding contracts and related matters.

These positions contribute to the daily effectiveness and efficiency of the INL programs and their missions and…

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