19AQMM22R0154_QandAs_1 Sep 2022.pdf
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- Solicitation number
- 19AQMM22R0154
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This document contains questions and answers pertaining to solicitation number 19AQMM22R0154 for professional, administrative, and facility support services in Bogota, Colombia. The solicitation is an indefinite-delivery, indefinite-quantity contract to be awarded by the Department of State Office of Acquisition Management. Key details include that the period of performance is one base year with four one-year options, questions were due by July 19, 2022, and the incumbent contractor is Olgoonik Federal, LLC. The document provides clarification on personnel security clearance requirements, treatment of equitable adjustments for contract changes, and applicability of foreign income tax exemptions.
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19AQMM22R0154 – Q&As – 1 September 2022
NOTE: Responses provided below are informational only and do not change the terms of the solicitation. The Contracting Officer will make changes to the solicitation, if any, through the issuance of an amendment utilizing Standard Form 30.
Section / Attachment
Number
Page # and Para
Solicitation Requirement
Question / Recommendation USG Response Follow-On Question USG Response
37. RFP H-005-page 56 US Citizen Personnel MRPT
Will US Clearances higher than an MRPT be accepted for starting work on this contract for US personnel?
No.
Will current MRPTs from incumbents be acceptable?
Possibly. Final determination is made by
DS.
44. H-17(c) p. 65 para. 1 If removal of a Contractor employee is for the convenience of the Government, it shall be regarded as (1) a Change entitling the Contractor to an equitable adjustment if the employee is to be replaced;
In the event USG cancels a position for government convenience does equitable adjustment also include recruitment, travel, transportation and shipping costs, and severance pay?
The termination clause establishes rights and remedies for both parties. The Government will not agree ahead of time as to which items of cost will be included.
Also, refer to FAR Clause 52.237-8 (Restriction on Severance Payments to Foreign Nationals).
Severance payments are mandatory under Colombian Labor Law. This contract mandates that we comply with all local labor laws.
FAR 37.113-1 states contractor must have a waiver before contract award to make these severance payments allowable. Will the Government be providing a waiver before contract award to ensure FAR and local labor law compliance?
As stated in the RFP, the fully loaded hourly labor rates include compliance with all local labor laws.
The clause is included to deal with severance payments outside of the negotiated fully loaded hourly labor rates.
19AQMM22R0154 – Q&As – 1 September 2022
Section / Attachment
Number
Page # and Para
Solicitation Requirement
Question / Recommendation USG Response Follow-On Question USG Response
58. RFP; Section H – Special Contract Requirements
Page 80; H-037
FOREIGN
INCOME
TAXES
“Reimbursement of foreign income taxes on employees' salaries and wages are unallowable costs under this contract.”
Based on agreements between Colombia and the United States, are there any agreed exemptions or benefits that will be available to US contractors (and/or their US employees) who will be serving within Colombia on this joint project? If yes, to enable bidders’ evaluation of the impact, please provide the Agreement, a summary, or extract of the Agreement which details any such exemptions and/or benefits.
Prospective offerors should consult with legal counsel / accounting firm if unsure what flexibilities are available for its employees.
Are there any LOAs with GoC that facilitation using ExPats free from local taxation/visa requirements.
Unknown. This program has been structured to utilize local labor to the greatest extent possible.
File details come from the government source that posted it. Updated .