19AQMM22R0197.pdf

19AQMM22R0197

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM22R0197 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/08/2022

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until

__13:00 ET__ local time __08/08/2022__

10. FOR

INFORMATION

E-MAIL:

A. NAME

Khoa D Tran 703-875-5854

B. TELEPHONE (NO

COLLECT CALLS)

C. E-MAIL ADDRESS

TranKD@state.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES Contract B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

24. ADMINISTERED BY (if other than Item 7) CODE: IPP

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Khoa D Tran (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

07/08/2022 IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

CGFS // CGFS

Line Item Summary

Solicitation Number:

19AQMM22R0197

Contract Number: Title: Specialized Operational Equipment

Date of Solicitation:

07/08/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Base Period - Specialized Equipment The contractor shall furnish all required specialized operational equipment

Funding will be provided at the Call Order level for the specialized operational equipment Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2022 to 08/28/2023

1.00 LT

002 Base Period - Labor The contractor shall furnish all labor categories listed at the negotiated fully burdened hourly rates.

Funding will be provided at the Call Order level for the labor categories.

Type of Contract Pricing: LH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2022 to 08/28/2023

1.00 LT

003 Base Period - Travel (Cost No Fee) Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2022 to 08/28/2023

1.00 LT

004 Base Period - Logistic Support and ODCs Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2022 to 08/28/2023

1.00 LT

005 Base Period - DBA Insurance Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2022 to 08/28/2023

1.00 LT

101 Option Period 1 - Specialized Equipment The contractor shall furnish all required specialized operational equipment

Funding will be provided at the Call Order level for the specialized operational equipment Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2023 to 08/28/2024

1.00 LT

102 Option Period 1 - Labor The contractor shall furnish all labor categories listed at the negotiated fully burdened hourly rates.

Funding will be provided at the Call Order level for the labor categories.

Type of Contract Pricing: LH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2023 to 08/28/2024

1.00 LT

103 Option Period 1 - Travel (Cost No Fee) Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2023 to 08/28/2024

1.00 LT

104 Option Period 1 - Logistic Support and ODCs Type of Contract Pricing: OTH

1.00 LT

Line Item Summary

Solicitation Number:

19AQMM22R0197

Contract Number: Title: Specialized Operational Equipment

Date of Solicitation:

07/08/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2023 to 08/28/2024

105 Option Period 1 - DBA Insurance Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2023 to 08/28/2024

1.00 LT

201 Option Period 2 - Specialized Equipment The contractor shall furnish all required specialized operational equipment

Funding will be provided at the Call Order level for the specialized operational equipment Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2024 to 08/28/2025

1.00 LT

202 Option Period 2 - Labor The contractor shall furnish all labor categories listed at the negotiated fully burdened hourly rates.

Funding will be provided at the Call Order level for the labor categories.

Type of Contract Pricing: LH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2024 to 08/28/2025

1.00 LT

203 Option Period 2 - Travel (Cost No Fee) Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2024 to 08/28/2025

1.00 LT

204 Option Period 2 - Logistic Support and ODCs Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2024 to 08/28/2025

1.00 LT

205 Option Period 2 - DBA Insurance Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/29/2024 to 08/28/2025

1.00 LT

Clause Title Fill-ins

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020)

Clause Title Fill-ins

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.242-13 Bankruptcy (July 1995)

52.244-5 Competition in Subcontracting (Dec 1996)

652.216-71 PRICE ADJUSTMENT (AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) -

SERVICES (FEB 2015)

652.232-72 LIMITATION OF FUNDS (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.237-8 Restriction on Severance Payments to Foreign Nationals (Aug 2003)

52.204-7 System for Award Management (Oct 2018)

52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993)

52.217-5 Evaluation of Options (July 1990)

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

B-001 - Labor Categories

The labor rates specified herein are fixed hourly rates which include the following: wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit.

The Contractor and/or the Government may request adding to or deleting from the labor categories listed in Schedule B. If categories are added, the parties will negotiate the labor rate of said categories prior to incorporation into the contract.

All new labor rates shall be calculated in the same manner as in the Contractor's cost proposal submitted in response to the solicitation.

The profit/fee rate shall be the same as in the Contractor's cost proposal submitted in response to this solicitation.

B-003 - Defense Base Act Insurance

If Defense Base Act Insurance is required, it will be ordered at the Call Order Level in accordance with DOSAR 652.228-71. The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B-010 - TYPE OF CONTRACT

This is a Blanket Purchase Agreement (BPA), as defined in FAR 13.303. It is entered into pursuant to all stipulations, restrictions, specifications, covenants and provisions herein, the Federal Acquisition Regulation's (FAR).

(end of clause)

B-015 - TRAVEL COSTS (Cost-Reimbursement)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR31.205-46. Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the Contracting Officer's Representative (COR).

In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.

(b) The Contractor shall include a breakout of all authorized travel expenses as an attachment to its invoices.

(c) Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.

(d) Should any Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay may be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas). Each employee will be notified upon arrival at any hazardous duty area of the applicable rates, terms and conditions at the time of performance. Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G and A) or fee/ profit.

(e) When local travel between the Contractor employee's regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50 mile radius of the Contractor employee's regular place of performance and does not include daily commuting or associated costs.

(f) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from stat starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

(g) The Government will reimburse the Contractor for Contractor employee's travel time to or from other authorized work locations, except that for labor categories which are exempt from the Fair Labor Standards Act (FSLA),, a reimbursement will be allowed only for travel during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layovers by FLSA exempt contractor employees for the convenience of the Contractor except as authorized by the Federal Travel Regulations.

(h) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.

(end of clause)

C-001 - Statement of Work

STATEMENT OF WORK

SPECIAL OPERATIONAL EQUIPMENT FOR THE OFFICE OF

NONPROLIFERATION AND DISARMAMENT (NDF)

Background

The U.S. Department of State, Bureau of International Security and Nonproliferation, Nonproliferation and Disarmament Fund (ISN/ NDF) conducts activities around the world in support of: (a) efforts to halt the spread of weapons of mass destruction (WMD), their delivery systems, and conventional weapons systems, and (b) the destruction of existing weapons, delivery systems, and production facilities.

Because of the immediate proliferation threat, when a potential host country provides the opportunity for the United States to help them remove, destroy, or otherwise disable dangerous weapons systems, it is important to be able to respond promptly. Therefore, it is imperative for the NDF to have the capability to provide necessary intervention and assistance with little advance notice, without Western standard worksites or accommodations, and without a guarantee of privileges and immunities for government or contractor personnel in country. Additionally, the Department of State will not indemnify a Contractor for any losses due to third party claims.

These circumstances and conditions necessitate devising means by which the NDF needs can be procured through streamlined acquisition processes versus acquiring its needs through the lengthy traditional contracting process. Further, use of the traditional contracting processes to acquire the NDF needs as the needs arise will not only inhibit its ability to move swiftly but unduly jeopardize and preclude the NDF’s ability to fulfill its mission in the manner and for the purpose intended by Congress. To guard against this unconscionable result, the NDF must implement a plan for acquiring its needs quickly and instantaneously.

Scope

Pursuant to the terms of the BPA, the Contractor shall provide a broad array of various types of operational equipment to support our implementing partners and team worldwide. This procurement will include means of thermal/night vision capabilities, nonintrusive inspection systems (NIIS), means of autonomous reconnaissance such as small unmanned aerial systems (sUAS) and surveillance and Chemical Biological Radiological, Nuclear, and Explosive (CBRNE) robotic systems capable of detecting and/or disposing of the CBRNE threat, means of patrolling land and maritime borders and other remote areas, means of detecting CBNRE, light arms and weapons, and WMD threats in and around land, sea, and aerial ports of entry. The contractor will also provide a wide array of services which will include, but are not necessarily limited to performance of work within the scope of the call descriptions and activities set forth below:

1. Provide subject matter expertise to the NDF, advise, assist, and research equipment identified by the NDF for future procurement.

2. Procure required equipment for the NDF mission, with the capability to substitute and provide the current, latest model, type available in the marketplace as determined necessary to fulfill the needs.

3. Coordinate the shipment of procured equipment to a designated contractor warehouse, a federal warehouse, and or to a designated end-user worldwide.

4. Coordinate and complete the required export control documentation and other shipping documents to accompany any items within a shipment.

5. Coordinate with necessary Freight Forwarders and Warehousing (CONUS/OCONUS) to accommodate the movement and storage of shipments.

6. Work with Customs office (OCONUS) to ensure all shipments are received from customs and delivered to the end-users. This includes forward transportation to the end-user.

7. Provide logistics support services for NDF personnel accompanying the shipments OCONUS.

8. Provide any necessary training to end-users or train the trainer training (CONUS/OCONUS).

9. Provide for any other provision of logistics/procurement/training support to support the overall

D-002 - MARKING OF REPORTS

All 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) Date of report; and

(d) Program office(s).

(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.

(end of clause)

E-001 - Inspection and Acceptance

The GTM will review all deliverables for their completeness, accuracy, format, and acceptable content. The contractor shall correct any deficiencies as directed by the GTM and shall resubmit the deliverable item no later than a mutually-agreed upon date.

Inspection and Acceptance All work hereunder shall be subject to review by the Government. Acceptance of the deliverables and final report shall be made in writing by the Contracting Officer's Technical Representative and submitted to both the Contractor and Contracting Officer.

Inspection will be performed IAW FAR 52.246-6 Inspection of Services -Time and Material and Labor Hour (May 2001).

52.246-4 - Inspection of Services-Fixed-Price (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

F.1 Term of Basic Contract The term of this BPA contract is one year with two (2) one year options. This is not a multi-year contract as defined by FAR Part 17.1.

Each option year may be issued with performance periods up to twelve months.

F.2 Call Order Period of Performance The term for each call order placed under the Basic Contract shall be specified in the individual call order. Under no circumstances may a call order be placed under the Basic Contract if the Basic Contract has expired, or has been terminated or cancelled by the Government. No call order may exceed three (3) years, inclusive of options, from the date that the Order is placed. Conversely, no call order may extend more than twelve (12) months after the expiration of the Basic Contract as shown below:

Issued in Base Year: Base and up to 2 Options Issued in Option Year 1: Base and up to 2 Options Issued in Option Year 2: Base and up to 1 Options

No option period will extend past 12 months after the end date of this contract if all available contract option periods are exercised.

F.3 Place of Performance The place of performance will be specified in each individual Order.

F.4 Deliverables Schedule of Deliverables – The Schedule of deliverables for the BPA and Call Orders as issued is as follows;

Deliverable Recipient Deadline Periodic Meetings with Government to discuss issues, progress made in completing equipment orders underway, including associated training on specialized equipment comprising the order and associated pricing details

COR, GTM, and COR-designated representatives

Weekly (and/or asdetermined in the initial Kick Off Meeting)

Periodic status report, to include progress update on procurement of specialized equipment items

COR, GTM, and COR-designated representatives, at Department of State HQ in Washington, DC

Monthly

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

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR).

Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR duties at the BPA Base contract will be designated from the Program Office by the Contracting Officer.

(c) A Program Office COR will be designated for each call order at the call order level.

(End of clause)

G-001 - ORDERING PROCEDURES

ORDERING PROCEDURES

The BPA is an ordering mechanism; it is not a contract. The following individuals and activities are authorized to issue BPA calls hereunder: Department of State Contracting Officers within A/OPE/AQM in support of the Bureau of International Security and Nonproliferation, Nonproliferation and Disarmament Fund (ISN/NDF) and the Bureau of Political-Military Affairs, Office of Weapons Removal and Abatement (PM/WRA).

The individual calls placed against the BPA become contracts once placed and accepted. Calls placed against their BPA will be made in writing. The contractor receiving such Calls should assure themselves sufficient information has been obtained to comply with the requirements outlined in the BPA Statement of Work (SOW) Schedule.

ALL PRICING SHALL REMAIN THE SAME THROUGHOUT THE LIFE OF THE BPA.

G-002 - Contract Administration

G.2.1 General This section provides guidance regarding contract administration for the Basic Contract, and where applicable, for each Order placed under the Basic Contract. Additional contract administration requirements may be specified in each Order. Costs associated with these requirements shall not be billed as a direct cost to the Government.

Pursuant to FAR 16.504(a)(4)(vi), only authorized users may place Orders under the Basic Contract. In order to qualify as an authorized user, a duly warranted Contracting Officer (as that term is defined in FAR 2.1) in good standing must have an appropriate signed delegation of authority from the Department of State Contracting Officer. This Basic Contract is for use by Department of State only.

G.2.2 Roles and Responsibilities This section describes the roles and responsibilities of Government personnel after Basic Contract award. The Government may modify the roles and responsibilities at any time during the period of performance of the Basic Contract.

G.2.2.1 Contracting Officer The Department of State Contracting Officer is the sole and exclusive government official with actual authority to award the Basic Contract and individual Orders.

G.2.2.2 Contracting Officer’s Representative and Government Task Manager

The Department of State Contracting Officer may designate a Contracting Officer’s Representative (COR) and a Government Task Manager (GTM) to provide certain assistance to the Contracting Officer for that Order. The specific rights and responsibilities of the COR andGTM for each order shall be described in writing, which upon request shall be provided to the Contractor. Neith the COR nor the GTM has no actual, apparent or implied authority to bind the Government. GTMs are not authorized to provide any guidance regarding the observance of legal holidays and facility closures, and are prohibited from directing contractor personnel in such circumstances.

G.2.3 Monthly Progress Report

(a) The Contractor shall furnish a monhtly report in accordance with Section F deliverable.

(End of clause)

INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE 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]

H-016 - KEY PERSONNEL

(1) The Contractor shall assign to this contract the following key personnel:

*Program Manager, *Deputy Project/Logistics Manager, Logistical Support/Training, and Shipment/Delivery Staff.

*PM certification or equivalent is required.

Contractor personnel assigned to this contract shall possess TOP SECRET personnel security clearance prior to contract performance.

(2) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

(3) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(1) an explanation of the circumstances necessitating the substitution;

(2) a complete resume of the proposed substitute; and

(3) any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(end of clause)

H-032 - ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(end of clause)

H-031 - SECURITY REQUIREMENTS

(a) A facility security clearance at the TOP SECRET level is required for contract performance in accordance with the DD Form 254, Department of Defense Contract Security Classification Specification, attached to this contract.

(b) Since it will be necessary for some Contractor Personnel to have access to classified material and/or enter into areas requiring security clearances, each Contractor employee requiring such access must have a TOP SECRET or SECRET personnel security clearance issued by the Defense Counterintelligence and Security Agency (DCSA) prior to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change. Personnel security clearances will be determined at Call Order level.

(c) The Contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities in accordance with Bureau of Diplomatic Security Instructions.

(d) Performance of this contract shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification and FAR 52.204-2 "SECURITY REQUIREMENTS."

(e) Classified material received or generated in the performance of this contract shall be safeguarded and disposed of in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

(end of clause)

H-036 - RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (December 4, 2014)

1. Where contracts exceeding the Simplified Acquisition Threshold will require the recruitment of TCNs, the offeror is required to submit a Recruitment Plan as part of their proposal. Contractors providing employer furnished housing are required to submit a Housing Plan

2. Recruitment Plans must:

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. State in the offer that the recruited employee will not be charged recruitment fees as defined in FAR 22.1702 and FAR 52.22-50.

The contractor or employr pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State contracts.

d. Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising:

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment;

and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

e Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges.

The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

f. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

g. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in their contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will prevent human trafficking and treat employees with respect and dignity by taking the following actions:

a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents, passports, or immigration documents. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

b. Contractor shall provide employees with signed copies of the/their employment contracts that are in a language the worker understands and define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin.

Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach of this contract.

c. Contractor shall provide all employees with the Department’s “Know Your Rights” poster and document that employees have been briefed on the contents of the poster. The English language version is available at posters and accompanying directions or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against procuring commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer’s Representative.

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the TCNs being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline, StateOIG.gov/Hotline at 202-647-3320 or 1-800-409-9926 or via email at WPEAombuds@stateoig.gov.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services and/or legal redress in the country of employment and/or is a witness in a trafficking-related enforcement action.

g. Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

h. The contractor agrees to include this clause in all subcontracts over the simplified acquisition threshold involving recruitment of third country nationals for subcontractor performance.

5. For contracts or subcontracts other than commercially available off the shelf items with performance overseas valued at $500,000 or more, offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent human trafficking and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief of the signatory, neither the prime nor its agents nor subcontractor have engaged in any trafficking related activities, including the procurement of a commercial sex act during the period of the contract, the use of forced labor in the performance of the contract, acts that support or facilitate trafficking in persons such as destroying or confiscating employees’ documents or failing to provide return transportation, soliciting employees by use of fraud or charging recruitment fees or providing sub-standard housing described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. The certification will also confirm that if any violations have been found, the contractor has taken the appropriate remedial and referral actions.

6. Contractors and subcontractors can find a model compliance plan, a sample code of conduct, a supplier/subcontractor self-assessment questionnaire, and criteria to select and monitor labor recruiters on the Responsible Sourcing Tool website (www.responsiblesourcingtool.org) The Responsible Sourcing Tool is designed to assist Federal contractors, in identifying human trafficking or trafficking-related activities in their supply chains and developing effective management systems to prevent and mitigate these activities. The tool enables Federal contractors and other entities to visualize human trafficking risks by location, industry sector and commodity.

52.203-16 - Preventing Personal Conflicts of Interest (Jun 2020)

(a) Definitions. As used in this clause-- "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S. C.552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation.

Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain;

and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily…