19AQMM23R0054.pdf

19AQMM23R0054

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM23R0054 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

12/15/2022

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 __01/30/2023__

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

12/15/2022 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:

19AQMM23R0054

Contract Number: Title: ECC Specialized Operational Equipment

Date of Solicitation:

12/15/2022

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:

19AQMM23R0054

Contract Number: Title: ECC Specialized Operational Equipment

Date of Solicitation:

12/15/2022

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 EXPORT CONTROL COOPERATION (ECC) EXPORT

CONTROL AND BORDER SECURITY (EXBS) PROGRAM

Background

The U.S. Department of State, Bureau of International Security and Nonproliferation (ISN) is responsible for managing a broad range of U.S. nonproliferation polices, programs, agreements, and initiatives. ECC is one of twelve offices within ISN and designs, implements, and administers the Export Control and Border Security Program (EXBS) Program. EXBS promotes the adoption of strategic trade controls for WMD, their systems of delivery, destabilizing conventional weapons, and related items and technologies including emerging technologies, and builds capabilities to detect, interdict, investigate, and prosecute illicit transfers of such items.

Building partners’ capabilities to disrupt proliferation networks and prevent unauthorized transfers to actors of concern creates a force-multiplier effect augmenting U.S. diplomatic and technical nonproliferation efforts in the UN, within international organizations, and as part of multilateral export control regimes.

EXBS complements U.S. diplomatic efforts to promote bilateral and multilateral nonproliferation activities through the development, execution, and implementation of carefully selected projects. In line with U.S. national security threats and programmatic priorities, a core EXBS initiative is providing foreign strategic trade and border control officials with the tools and equipment that allows them to operate safely and effectively including in remote environments. Contractor support is required to furnish officials in those countries with the necessary equipment and related training.

Goals and Objectives

The objective of EXBS is to establish a streamlined acquisition method that would enable the purchase of equipment, supplies, training, and services to acquire EXBS’ needs promptly and immediately. To fulfill this objective, EXBS’ goal is to put in place blanket purchase agreements (BPA) against which BPA Call orders may be placed as the need arises to fulfill mission immediately upon notice of emerging urgent and critical situations. Pursuant to the terms of the BPA, BPA call orders may be placed either orally or in writing, as appropriate, and instantaneously for immediate commencement of work by any office within the Department of State T-Bureaus.

Scope

EXBS provides training, equipment, and tools to partners to counter illicit acquisition of nuclear and ballistic missile technologies and horizontal proliferation of WMD and conventional arms to proxy groups. EXBS also invests in bolstering border security capabilities

– including detection, targeting, interdiction, investigation and prosecution -- to counter illicit cross-border trafficking in strategic commodities, including chemical precursors and biological agents. EXBS technical assistance also helps address challenges raised by strategic competition, including technology exploitation, diversion, or theft; coercive economic influence; and territorial aggression.

Procurement of operational equipment, supplies, training and services supports both project implementation and ISN/ECC efforts to build capacity of host nations and implementing partners.

Pursuant to the terms of the BPA, the Contractor shall provide a broad array of various types of operational equipment and/or services/ training to support our implementing partners and team worldwide. Equipment procurements may include:

- Inspection and detection equipment utilized at and between ports of entry to screen cargo as well as for airport security purposes that would screen for suspect travelers, identify proliferators, prevent the transit of WMD materials, reveal hidden explosives, and identify other potentially dangerous devices/substances;

- Information technology and related equipment to enable information analysis and sharing among trade control agencies;

- Equipment that foreign governments can use in enforcing strategic trade and border controls, including electronic equipment to support export licensing, customs targeting, and industry screening software, as well as customs operations equipment;

- Handheld and mobile x-ray inspection systems to inspect cargo containers, vessels, vehicles, and passengers for illicit contraband, including weapons, explosives, and other contraband at international ports of entry;

- Equipment and materials used by border officials including but not limited to uniforms, personal equipment, CBRN-protective gear, generators, and other equipment that facilitates sustained border operations;

- Vehicles to police remote stretches of the border in between ports of entry; boats and related maritime equipment to patrol stretches of blue borders subject to smuggling and illicit trafficking; equipment and materials needed to support remote border posts.

- Related installation, maintenance, repair, training and support services for all equipment.

To complete the procurement, the contractor is required to:

- Provide subject matter expertise to EXBS, advise, assist, and research equipment identified by EXBS for future procurement.

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

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

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

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

- 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.

- Provide logistics support services for EXBS personnel accompanying the shipments OCONUS.

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

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

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 above. The equipment list provides an extensive range of equipment types that may be procured under this vehicle, but additional models, types, and equipment may be requested on individual call orders.

Notably, the nature of the work has a strong international emphasis with performance at times occurring in remote locations that are not readily accessible for security reasons. These equipment procurements often require coordination among a variety of parties outside of the Department of State, including a worldwide network of storage facilities, freight forwarders, equipment vendors, and export compliance professionals and the Contractor must be well-versed in coordinating these parties.

Requirements

i. Warranties: All equipment furnished under this task order shall carry a minimum two-year manufacturer’s warranty, to take effect upon final in-country delivery/installation. Should two-year warranties be unavailable for certain items, the Contractor shall clearly specify such in its technical proposal with supporting information.

ii. Translated Materials: The Contractor shall furnish translated equipment manuals and warranty information (both hard copy and electronic [CD-ROM format]) for only those equipment items specified above. However, if Contractors propose alternate items, document translation shall be included. For Desktop Computers and Printers, translated versions of Quick Start Manuals is sufficient.

Electronic copies of all translated materials (CD-ROM format) shall be furnished to the COR upon task order completion.

iii. Power Supply: The Contractor shall ensure that all equipment furnished under this task order is ready for use at the destinations specified above, with all necessary uninterruptable power supplies, converters, adapters, chargers, battery packs, etc. furnished with the equipment. For equipment dependent upon non-rechargeable batteries for operation, the Contractor shall also furnish a one-year supply of batteries with the equipment.

iv. Brand Name or Equal: Contractors may assume that each item for procurement with a Brand Name, Make, and/or Model will require the awardee to purchase that specific Brand Name, Make, and Model. Contractors are encouraged to propose alternate brand names, makes and/or models based on their assessment of ISN/ECC requirements, desired end-use outcomes, available technology, and cost considerations, but must provide a cost estimate for the items listed in the BPA Call issued. The government retains the discretion to award based solely on the proposed prices of the listed items under the Base Deliveries in the BPA Call Issued (and corresponding Attachments). If the Contractor is offering alternate equipment, then the Contractor shall provide sufficient information in its technical proposal for ISN/ECC to evaluate the technical merits of the Contractor’s proposed equipment solution.

Alternate items must meet all of the salient physical, functional or performance characteristics specified in this solicitation. The contractor MUST enter exactly what they are proposing (including make, model and description) in their technical proposal in order for the proposal to be considered. The Government will evaluate “equal” items on the basis of information furnished by the contractor or identified in the proposal and reasonably available to the Government. The Government is not responsible for locating or obtaining any information not identified in the proposal. Document translations are required for all alternate items regardless of what is indicated in the BPA Call issued.

v. Equipment Requirement: The Contractor shall provide new equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. Contractors must be able to document their ability to provide items through manufacturer approved distribution channels upon request. The contractor confirms to have sourced all products submitted in this proposal from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Contractors must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. If software is provided or included, contractor shall, upon request, provide the Government with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to the contractor as the original licensee authorized to use the software.

vi. Equipment Installation and Operator Training: ISN/ECC will require the Contractor to provide in-country installation and/or operator training for equipment items as specified in the BPA Call issued.

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;

Performance Objective Performance Standard/Threshold Frequency of Surveillance Supplies/Equipment delivery and delivery report

Delivery location accuracy and timeliness 90% of the time.

Monthly; Periodic reports from vendor as well as reports from EXBS field staff

Install and calibrate designated equipment Accuracy of installation and Calibration 90% of the time

Monthly

Warranty, technical, maintenance, operational, and support documentation/ packages

Accuracy of warranty, technical, maintenance, operational, and support documentation/packages are accurate 99% of the time.

Monthly

Correspondence and documentation Equipment grant procedures are adhered to 100% of the time.

Monthly

Subcontractor Management Contractor ensures subcontractors contribute to any and all efforts ensuring the best value and level of performance for the DOS ISN/ ECC contracts 99% of the time.

Resolution of subcontractor issues 99% of the time.

Monthly

Cost Control Costs remain within original award amount 99% of the time.

Monthly

VAT/Customs Duties Mitigation

VAT charges are avoided 70% of the time. Monthly

Maintain Equipment Equipment is maintained 95% of the time in accordance with the terms of the task order and/or the approved maintenance plan. There are no instances of equipment failure due to the contractor’s non-compliance with required maintenance schedules.

Monthly

High quality operator and maintenance training

Training is conducted at the correct locations 100% of the time within the period(s) of performance specified

Logistical arrangements are made in a timely, cost-effective manner 95% of the time, with minimal Government involvement.

The training curriculum shall be developed and delivered to enable the foreign partner equipment maintainer to become proficient in servicing, maintaining, and repairing equipment, 90% of the time.

70% of the training participants found the instruction to be very good or excellent and the remaining 30% found it satisfactory.

Monthly

Periodic reports from vendor as well as reports from EXBS field staff

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 (ISN), Office of Export Control Cooperation (ECC) Export Control and Border Security (EXBS) Program.

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.

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-031 - SECURITY REQUIREMENTS

(a) A facility security clearance at the 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. Contractor personnel assigned to this contract shall possess a SECRET level personnel security clearance.

(b) Since it will be necessary for some Contractor personnel to have access to classified material and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an individual security clearance commensurate with the required level of access prior to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change.

(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 (32 CFR Part 117).

(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.

H-016 - KEY PERSONNEL

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

Program Manager: Under indirect supervision, oversees the operational planning, establishment, execution, and evaluation of a multi- faceted program/project typically consisting of a set of closely related subprograms or…