19AQMM23R0287 AMD1 - FA6 Vehicles INL MADOC.pdf

19AQMM23R0287

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

01/17/2024

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Christopher L Toso

NAME

202-285-5913

TEL.

TosoCL@state.gov

EMAIL

6. ISSUED BY CODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM23R0287

CONTACT: UEI:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

12/22/2023

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 0001 (AMD1) is to answer questions received via Appendix A - AMD1, dated 1/17/2024. The suspense for Phase 1 proposals is extended to 1/24/2024, at 0900 ET. Any offers received up to this point in time have not and will not be commented on, and all offers must be resubmitted. Acknowledgment of this amendment is required by signature.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Christopher L Toso

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

01/17/2024

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

Line Item Summary

Solicitation Number:

19AQMM23R0287

Contract Number: Title: INL FA6 MADOC - Vehicles Date of Solicitation:

01/17/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

Multiple Award Delivery Order Contract

(MADOC), INL

Functional Area 6 - Vehicles

001 INL Multiple-Award IDIQ

Functional Area (FA) 6: Vehicles

SBA Requirement Number RA1694810431D Refer to attached continuation pages for IDIQ minimum and maximum, IDIQ contract effective period, and other terms and conditions.

Type of Contract Pricing: OD

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

Section A - Solicitation/Contract Form Identifier Title Date Number of

Pages 1 AQS 19AQMM23R0287.pdf 12/22/2023

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):

https://www.acquisition.gov/ https://www.acquisition.gov/dosar https://www.ecfr.gov/ [Insert one or more Internet addresses] (End of clause)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acquisition.gov/dosar https://www.ecfr.gov/ [Insert one or more Internet addresses] (End of provision) Clause Title Fill-ins

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.208-4 Vehicle Lease Payments (Apr 1984)

52.208-5 Condition of Leased Vehicles (Apr 1984)

Clause Title Fill-ins

52.208-6 Marking of Leased Vehicles (Apr 1984)

52.208-7 Tagging of Leased Vehicles (May 1986)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022)

52.212-4 Alt I Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022) - Alternate I (Nov 2021)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb

2000)

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission Outside the United States (May 2020)

52.227-14 Rights in Data-General (May 2014)

52.227-19 Commercial Computer Software License (Dec 2007)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.243-1 Changes-Fixed-Price (Aug 1987)

52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984)

52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000)

52.245-1 Government Property (Sep 2021)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED (AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS

WITHIN THE UNITED STATES (JUL 1988)

Clause Title Fill-ins

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

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

652.247-70 NOTICE OF SHIPMENTS (FEB 2015)

652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

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

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep

2023)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

52.216-27 Single or Multiple Awards (Oct 1995)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

SECTION 1 - CONTINUATION TO SF-1449

Disclaimer: The nature of delivery orders to be awarded under this contract is broad. Specific requirements will be conveyed at the delivery order level. The Government expects awardees to remain flexible and adaptive to meeting INL requirements. Contractors are reminded that this is a multiple-award IDIQ contract. As such, Contractors will be required to compete, unless an exception to fair opportunity procedures is approved, for each delivery order over the micro-purchase threshold (i.e., currently $10,000 USD).

Awardees are not guaranteed anything other than the minimum contract quantity described in Item 2.0 below. Due to budgetary and program uncertainties, the size or number of orders to be issued under these contracts cannot be reliably estimated.

1.0 TYPE OF CONTRACT

(a) This is a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts), awarded to an 8(a) small business concern.

(b) This contract is for commercial items (i.e., services and supplies). However, the Contracting Officer may add or authorize the addition of non-commercial items at the delivery order level.

(c) Specific tasks or work to be performed will be identified at the delivery order level. (Note: Because the Government anticipates that the majority of performance under the contract will be for supplies, “delivery order” is used predominantly throughout this contract. However, the Government reserves the right to issue task orders, also. Where a contract term or condition references “delivery order,” such term or condition shall also apply to “task order.”)

(d) The Government intends to utilize firm-fixed-price (FFP), as defined in FAR 16.202, delivery orders to the maximum extent practicable. However, the Government reserves the right to issue delivery orders utilizing any of the contract types, or a combination thereof, authorized by FAR 12.207.

Orders issued on a time-and-materials or labor-hour basis. A blanket Determinations and Findings (D&F) has not been approved for this IDIQ contract. As such, any orders issued on a time-and-materials or labor-hour basis require the ordering Contracting Officer to execute the appropriate determination required per FAR 12.207(b)(2) and FAR 12.207(c)(2).

(f) Inherently governmental functions, as described in FAR 7.503 or by the ordering agency, are prohibited under this contract.

The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The contractor shall notify the Contracting Officer (CO) immediately if they perceive any actions constitute personal services. This contract shall not be used to perform any inherently governmental functions.

2.0 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

(a) The Government shall meet the IDIQ contract minimum of $10,000.00 USD (inclusive of all direct costs, indirect costs, and profit/ fee) through the issuance of delivery order(s) within the IDIQ contract’s effective (i.e., ordering) period. The minimum quantity applies separately to each IDIQ contract awarded under this functional area.

(b) The maximum quantity for the IDIQ contract’s effective (i.e., ordering) period, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $700,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee).

The maximum quantity is cumulative among all IDIQ contracts awarded under this functional area.

3.0 IDIQ EFFECTIVE PERIOD

The effective (i.e. ordering) period of this IDIQ contract, as described in FAR clause 52.216-22, is five (5) years from the date of contract award. However, the Contracting Officer may extend the effective period for an additional six (6) months in accordance with FAR clause 52.217-8 (Option to Extend Services).

4.0 DELIVERY ORDER PERIOD OF PERFORMANCE

The period of performance for each delivery order placed under the IDIQ contract shall be specified in the individual delivery order. Under no circumstances may a delivery order be issued under the IDIQ contract if the IDIQ contract has expired, or has been terminated or cancelled by the Government. The period of performance of a delivery order may not exceed five (5) years, inclusive of options (except potentially for the six-month option to extend services authorized by FAR 52.217-8). Delivery order options, if included, may be exercised after the expiration of the IDIQ contract.

5.0 PLACE OF DELIVERY OR PERFORMANCE

There are no geographic limitations for delivery orders to be awarded under this contract. The Government expects delivery orders awarded under this contract to be performed outside the United States. The Deparetment of State has imminent needs in Columbia, Haiti, and Ukraine, among others.

Services specified in a delivery order may be performed at the contractor’s facilities, at host country government facilities, and/or USG facilities.

The Contractor shall be capable of effectively managing a wide array of business risks and issues, particularly those associated with working in international environments. Such risks include, but are not limited to, exposure to loss, labor disputes, political unrest, export and import compliance especially related to supplies and services controlled under the International Traffic in Arms Regulations (ITAR) and dual-use items controlled under the Export Administration Act (EAR), unstable local politics, geographical issues, and vastly different legal systems, all of which can have a profound impact on the Contractor’s ability to meet contractual requirements.

6.0 SCOPE OF IDIQ CONTRACT

6.1 BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s anticrime and counter-narcotics efforts. INL assistance programs help partner nations to build their capacities to extend the reach of justice under the rule of law, including respect for human rights and gender equality, and to deny safe haven to criminals who would otherwise operate with near impunity.

INL delivers technical assistance and capacity to: enhance international drug control through interdiction and supply reduction;

develop civilian law enforcement capacity, regional partnerships, and information sharing; and further the administration of justice and corrections under the rule of law with respect for human rights. INL’s programs seek to oppose and counter illicit drug production and demand; drug, wildlife and human trafficking; corruption; cybercrime; intellectual property rights (IPR) fraud; transnational organized crime; environmental crime; crimes that threaten civilian security; crimes against women; and activities using the proceeds of crime.

INL’s anticrime programs seek to improve and support key components of the criminal justice system such as gendarmerie, police, customs and border officials, investigators, judges, courts, prosecutors, defense attorneys, civil society organizations, and the corrections system. INL also plays a significant role in front line U.S. foreign policy priority countries in transition by assisting in strengthening internal security and governance under the rule of law.

The nimble, fluid nature of international crime needs to be addressed through a variety of tools, both programmatic and diplomatic.

Criminal networks are constantly evolving and changing their activities in response to operational threats. New competitors enter the crime market with different ideas and ways of operating as others are arrested, neutralized, or removed. As the law enforcement communities’ anti-crime techniques improve, criminals evolve their techniques to make use of new technologies and alter and expand their modes of criminality, especially in the commission of cybercrime, financial crime, and the smuggling of drugs, weapons and humans. Often, a lack of sufficient and appropriate resources, combined with host governments’ limited infrastructure and capacity to support and maintain the newest technological advancements and equipment, severely hinder the ability to immediately and effectively counter criminal networks.

In order to meet its objectives, INL requires flexible and timely acquisition support. This multiple-award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract aims to establish a streamlined approach to successfully meeting INL's acquisition requirements, while maintaining the public’s trust and fulfilling public policy objectives.

6.2 GENERAL REQUIREMENTS

The Government expects the majority of supplies and services to be provided to be in support of INL Foreign Assistance programs. As such, supplies, services, and providers must readily adapt to local conditions.

The contractor shall provide all resources including personnel, management, supplies, services, materials, equipment, facilities and transportation necessary to provide a wide range of supplies and services as specified in each delivery order. Changes in emphasis and program direction are highly likely, and may be frequent, in approved projects. The contractor shall be responsive to such changes.

This IDIQ contract will support multiple program teams to effectively curtail the movement of illicit narcotics, control irregular migration, counter the activity of transnational criminal organizations (TCOs), enhance security at land, air, and sea ports of entry, professionalize the work of law enforcement, and otherwise meet INL’s previously mentioned vision, mission, and strategic goals and objectives.

Contractor will likely be required to provide services in the language utilized by INL partner nations. Additionally, all products will likely require local warranty, maintenance, and support. The use of simultaneous translators and/or US-based warranty and technical services will likely not meet INL requirements.

6.3 MAIN PERFORMANCE AREAS

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

• Sedans, Pick-up Trucks, SUVs, Trucks, Buses, Vans, and Other Passenger and Cargo Vehicles.

• Law Enforcement Vehicles and Accessories. Including but not limited to: SWAT vehicles, mobile crime scene vehicles, EOD vehicles, surveillance vehicles, prisoner transport vehicles, motorcycles, and side cars.

• Special Vehicles and Accessories. Including but not limited to: Dental, laboratory, forensic, medical, clinical, healthcare, mobile command, emergency response, communication, broadcast, training, troop transport, prisoner transport, patient evacuation, de-mining vehicles, and related options and equipment.

• Aircraft Ground Support Vehicles and Equipment. Including but not limited to: Washers and de-icer maintenance lifts, potable water trucks, lavatory carts, belt loaders, and related accessories.

• Fuel and Petroleum Tank Trucks and Accessories. Including but not limited to: Bulk fuel haulers, ground fuel servicing trucks, aircraft refueling and de-fueling tank trucks, and related equipment.

• Low-speed Vehicles. Applications include, but are not limited to, passenger transport, security patrol, maintenance, and delivery.

• Maintenance, Construction, and Forestry / Mining Vehicles, Machinery, and Equipment.

• Miscellaneous Vehicles and Equipment. Including but not limited to: ATVs, UTVs, Motorcycles, Bicycles, Gators, and Segways.

• Trailers and Attachments. Including but not limited to: Closed semitrailers, refrigerated semitrailers, platform semitrailers, low-bed semitrailers, cargo trailers, and utility trailers

• Provision and/or Installation of Miscellaneous Accessories. Including but not limited to: up-fitting and retrofitting, filters, bed liners, cargo covers, tow looks, trailer towing packages, tool boxes, mud flaps, locks, sirens, security systems, lighting, PA speakers, bins, cabinets, ladder racks, lift gates, vehicle cameras, and winches. Also includes communications and surveillance equipment, armoring, and accessories required for prisoner or troop transport.

• Maintenance and Repair Services. Includes but is not limited to: Oil and filter changes, preventive and corrective maintenance, overhaul, and repairs.

• Ancillary Supplies and Supplies. These supplies and/or services are necessary to provide a total solution to the customer.

Ancillary supplies and/or services shall not be the primary purpose of the work ordered, but be an integral part of the total solution offered.

• Vehicle and Equipment Rental and Leasing. Includes short-term rental, long-term rental, and leasing of vehicles and equipment.

• Operation of Special Purpose Vehicles / Equipment. Includes vehicles and all related accessories and sub-systems.

• Training and Knowledge Transfer. Includes vehicles and all related accessories and sub-systems.

Additional supplies and services, within the general scope of the contract, may be added at the delivery order level. In addition to the areas described above, the Government considers supplies and services covered under the following NAICS codes to be within the scope of this IDIQ contract.

NAICS Description 336110 (Primary) Automobile and Light Duty Motor Vehicle Manufacturing

This NAICS code corresponds to the 2017 NAICS code 336111, for which there is a class waiver of the Nonmanufacturer Rule (NMR). The size standard for nonmanufacturers is 500 employees.

FAR 52.219-33 NMR applies to this acquisition. Additionally, the current NMR Class Waiver from June 2022 is provided as Attachment B.

NAICS Description 333120 Construction Machinery Manufacturing 333132 Oil and Gas Field Machinery and Equipment Manufacturing 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery

Manufacturing 336120 Heavy Duty Truck Manufacturing 336211 Motor Vehicle Body Manufacturing 336212 Truck Trailer Manufacturing 336213 Motor Home Manufacturing 336214 Travel Trailer and Camper Manufacturing 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing 336330 Motor Vehicle Steering and Suspension Components (except

Spring) Manufacturing 336340 Motor Vehicle Brake System Manufacturing 336350 Motor Vehicle Transmission and Power Train Parts Manufacturing 336360 Motor Vehicle Seating and Interior Trim Manufacturing 336390 Other Motor Vehicle Parts Manufacturing 336999 All Other Transportation Equipment Manufacturing 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and

Leasing 532412 Construction, Mining and Forestry Machinery and Equipment

Rental and Leasing 811111 General Automotive Repair 811114 Specialized Automotive Repair 811121 Automotive Body, Paint and Interior Repair and Maintenance 811122 Automotive Glass Replacement Shops 811191 Automotive Oil Change and Lubrication Shops 811198 All Other Automotive Repair and Maintenance 333111 Farm Machinery and Equipment Manufacturing 336991 Motorcycle, Bicycle, and Parts Manufacturing 336999 All Other Transportation Equipment Manufacturing 532112 Passenger Car Leasing 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and

Leasing 532411 Commercial Air, Rail, and Water Transportation Equipment

Rental and Leasing 532412 Construction, Mining, and Forestry Machinery and Equipment

Rental and Leasing 532420 Office Machinery and Equipment Rental and Leasing 532490 Other Commercial and Industrial Machinery and Equipment

Rental and Leasing

6.4 SERVICES NOT IN SCOPE

The Contractor shall not accept or perform work for a delivery order involving:

1. Inherently Governmental Functions as defined in FAR 2.101(b); or

2. Personal Services as defined in FAR 2.101(b).

6.5 CORPORATE PROGRAM MANAGEMENT AND REPORTS

(a) CORPORATE PROGRAM MANAGEMENT

The Contractor’s corporate management structure shall guarantee senior, high-level, program management of the INL FA6 Program.

The contractor shall provide management support for performance requirements including, but not limited to, oversight of quality control, safety, environmental, project management, freight, leases, storage, contractor communications, travel, visas, and taxes. The Contractor shall assume total performance responsibility for work performed and data delivered under each delivery order and shall ensure proper management of any and all subcontractors. The Contractor shall coordinate management efforts with Government personnel as required. The Contractor shall identify issues and formulate and provide alternatives for issue resolution.

The Contractor shall assign a Corporate Program Manager (CPM) to represent the company on all program and contract related matters.

The CPM duties include, but are not limited to:

1. Verifying that the Contracting Officer (CO) soliciting and/or awarding delivery orders under this contract is authorized to do so. Verification may be obtained by contacting the Administrative Contracting Officer (ACO) identified in Section 1, Item 16.0 of this contract;

2. Ensuring administrative functions are performed in a timely manner and in compliance with contract and delivery order requirements;

3. Being ultimately responsible for ensuring that all reporting information required under this contract and resultant delivery orders is provided accurately, thoroughly, and timely;

4. Being ultimately responsible for all performance issues related to this contract and delivery orders awarded under it;

5. Being ultimately responsible for ensuring that all contractual agreements, including modifications, are negotiated and executed expeditiously; and

6. Being ultimately responsible for ensuring that all delivery order invoicing is accurate and timely.

The CPM shall have sufficient corporate authority to direct, execute, and control all elements of this contract and resultant delivery orders. If the CPM does not have contractual authority to bind the Contractor, the Contractor shall ensure an individual with authority to bind the Contractor is readily available at the request of the COR and the CO.

The CPM need not be a full-time employee. Such individual shall be on-call during normal duty days. For the purpose of this requirement, a “normal duty day” is defined as Monday through Friday (excluding Federal Holidays) from 8:00 am until 5:00 pm Eastern Time.

The Contractor shall assign, with the concurrence of the CO or COR, temporary replacements to cover for the CPM during periods of CPM paid-time off. Such replacements must be delegated the same authority and responsibilities as the CPM.

The Contractor shall provide, no later than one business day after award of the IDIQ contract, POC information (address, email, telephone, and cell phone) for the CPM, and if applicable, for the individual authorized to bind the Contractor. The Contractor shall provide updated POC information to the Government as required to ensure timely communications.

During delivery order performance, the CPM shall respond within one (1) business day to all emails sent by the CO and/or COR.

The CPM shall ensure timely, compliant, and complete résumés, security packages, and language certifications are provided to the Government if these are required by the terms of the delivery order.

The CPM shall ensure that all invoices submitted under resultant delivery orders: 1) comply with the requirements of the contract and delivery order; 2) are complete and correct; and 3) include all necessary back-up documentation. All invoices shall be submitted on a timely basis, and any issue identified by the Government shall be promptly corrected by the Contractor.

The CPM shall ensure that all records required under the contract and delivery orders are properly maintained, safeguarded from unauthorized disclosure, and backed-up. The CPM shall promptly make such records available to the COR and CO upon request.

(b) MONTHLY PROGRESS REPORT

The Contractor shall provide this report beginning with the award of its first delivery order. Reporting shall continue until no active delivery order remains and shall resume when a new delivery order is awarded.

The Contractor shall furnish a combined monthly technical and financial progress report briefly stating the progress made during the reporting period. The reports shall be submitted to the CO and COR on or before the 10th day of each month. Information shall be broken down by delivery order and cumulatively for the contract.

1. The report shall detail any issue(s), concern(s), high interest item(s), incident(s), turnover of key personnel, and/or mishap(s) that have occurred at the ID/IQ level and across all D/Os awarded to and/or performed by the Contractor during the reporting period and any issue(s), concern(s), high interest item(s), incident(s), turnover of key personnel, and/or mishap(s) that remain open from the previous reporting period.

2. The report shall specify contract financial status by:

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

• Current and cumulative value performed per each line item number;

• Current and cumulative invoiced amount per each line item; and

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

(c) NOTICE OF POSSIBLE DELAYS

In the event the Contractor encounters difficulty in meeting delivery order performance requirements, or when it anticipates difficulty in complying with delivery order delivery schedule or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of a delivery order, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative, in writing, giving pertinent details. This notification is for informational purposes only. It shall not be interpreted to modify or waive any other requirements, rights, and remedies provided under this contract.

(d) CONTRACTOR SELF REPORTING OF NON-COMPLIANT SERVICES AND SUPPLIES

The Contractor shall identify and explain the cause of any non-compliant services and/or supplies and the Contractor’s plan to resolve the issue(s). The report shall be provided no later than three (3) business days of an occurrence.

(e) SERIOUS INCIDENT REPORTING

The Contractor shall provide a Serious Incident Report (SIR) for any and each serious incident. For the purposes of this section, “serious incident” means any incident that results or is likely to result in:

• Embarrassment or harm the reputation of the U.S. Government, host country, and or DoS;

• Negative impact to program performance;

• Serious injury or bodily harm to self or others;

• Property damage, U.S. Government Furnished Equipment (GFE) or otherwise; or

• Policy and legal violations, either programmatic, federal, host country, or contract / order stipulated.

The SIR shall contain and identify (briefly), in executive summary format (1 page or less), the “Who, What, Where, When, and How” of the incident. It shall be objective (i.e. without any type of interpretation, emotion, or motive.

The SIR shall be provided no later than eight (8) hours after occurrence of a serious incident. The Contractor shall use the following subject line format when submitting SIRs.

SIR (Initial, Follow-up, or Final), Order Number, Contractor, and Location The body of the email notification shall contain the synopsis of the action and the full report shall be attached. Only one SIR shall be submitted per email.

(f) NOTIFICATION OF “NO-BID” DECISIONS

The Government expects all contractors to submit a delivery order proposal in response to each Delivery Order Proposal Request (DOPR) issued under this contract. The Contractor shall notify the Government when the Contractor has decided not to submit a delivery order proposal. The notification shall be provided as expeditiously as possible, but no later than the proposal submission deadline identified in the DOPR. The notification shall include a brief written statement explaining why the Contractor is unable to submit a delivery order proposal. Failure to submit a delivery order proposal without sufficient justification may be considered as negative past performance information, which may jeopardize the award of future delivery orders.

6.6 POST-AWARD CONFERENCE

The Contracting Officer intends to conduct post-award orientations via MS Teams. All awaredees are expected to attend at no additional cost to the governement.

7.0 RESERVED

8.0 TRAVEL

Travel, if required, shall be proposed and negotiated at the delivery order level.

The Contractor shall be solely responsible to ensure personnel possess or obtain all required travel related documentation (passport, visas, etc.) and authorizations. The Contractor shall be solely responsible to ensure their employees meet all other requirements and are fit for travel.

9.0 POST HARDSHIP DIFFERENTIAL PAY AND DANGER

PAY

Post Hardship Differential Pay and Danger Pay, if required, shall be proposed and negotiated at the delivery order level.

10.0 DEFENSE BASE ACT (DBA) INSURANCE

The cost for DBA insurance, if required, shall be proposed and negotiated at the delivery order level.

DBA Insurance costs are generally allowable for performance outside the United States, but only for covered Contractor and subcontractor employees. The following are covered Contractor and subcontractor employees:

1. United States citizens or residents;

2. Individuals hired in the United States or its possessions, regardless of citizenship; and

3. Local nationals and third country nationals unless the DBA insurance requirement for these employees has been waived by the Department of Labor. Refer to https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a list of applicable DBA waivers and conditions.

DBA Insurance costs shall accord with the terms of the Contractor’s DBA Insurance policy, law, and regulation.

The Contractor’s DBA Insurance policy shall be with a carrier approved by the United States Department of Labor to provide DBA Insurance, or the Contractor shall be a self-insured employer authorized by the United States Department of Labor to provide DBA Insurance.

FAR 52.228-3 -- Workers’ Compensation Insurance (Defense Base Act)

This clause applies to performance in countries for which a Department of Labor waiver is not available. A list of active DBA waivers may be obtained at https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

FAR 52.228-4 -- Workers’ Compensation and War-Hazard Insurance Overseas

This clause applies to performance in countries for which a Department of Labor waiver is available.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a

U.S. contract are covered under the DBA. This clause applies to performance in countries for which a Department of Labor has issued a waiver. A list of active DBA waivers may be obtained at https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

Waivers do not apply to any employees that are:

i. Hired in the United States by any contractor or subcontractor,

ii. Residents of the United States, or

iii. Citizens of the United States.

The personnel at i to iii must always be covered by DBA Insurance.

11.0 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C. Chapter 67), because the principal purpose of the contract is not to furnish services in the United States through the use of service employees.

In the event an individual delivery order requires services covered under the Service Contract Labor Standard statue to be performed in the United States, the required provision and clauses must be added at the delivery order level.

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

12.0 ADVANCE UNDERSTANDING

a) The negotiated prices for each delivery order shall include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after delivery order award, the Government will consider a request for equitable adjustment.

Any adjustment will be limited to reflect the Contractor’s actual increase or decrease in applicable wages and other costs to the extent that the increase is made to comply with the changed or new local law(s), or the decrease is voluntarily made by the Contractor while complying with the changed or new local law(s), respectively.

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

c) Delivery orders awarded under this contract will regularly support foreign assistance projects under the Foreign Assistance Act of 1961 (Public Law 87-195). The Contractor shall not pay any taxes, import, or customs fees to the government of the host nation or aid receiving nation(s). As appropriate, INL or the U.S. Embassies concerned may assist in customs or other official clearances of contractor-acquired items and associated equipment for duty-free status. If taxes, import, or customs fees cannot be mitigated, the Contractor shall request directions from the Contracting Officer.

The Contractor shall be solely responsible for any and all taxes, duties, storage, and other charges that are assessed as a result of the Contractor’s fault, negligence, or failure to follow the instructions provide by the Contracting Officer or authorized representative.

d) Direct costs are costs that are specifically identified with a particular final cost objective (e.g., contract). Direct costs under this contract shall be charged directly under this contract (at the delivery order level). Examples are costs associated with travel, danger pay, post hardship differential pay, DBA insurance, program management, and contract deliverables.

e) Any direct costs associated with delivery order preparation are unallowable.

f) The Contractor agrees that the Government may, at its sole discretion, unilaterally issue delivery orders based on the technical specifications, price, and other terms submitted by the Offeror under seed delivery order 1 (Seed DORP Attachment 1) and sample delivery order 2 (Sample DORP Attachment 2). The Government must exercise its unilateral right no later than 120 days after award of the IDIQ contract. The Contractor understands that the seed and sample delivery orders formed a partial basis for award of this contract. As such, failure to accept or fully comply with the unilateral delivery orders will result in termination of this IDIQ contract for cause.

13.0 SHIPPING, PACKAGING, PACKING, AND MARKING

INSTRUCTIONS

Shipping, marking, and/or tagging instructions may be incorporated in each delivery order based on the nature of the services and/or supplies being acquired. Individual delivery orders issued under this contract may relax, augment, or otherwise revise the requirements of this section.

13.1 Data Packaging Requirements

Unclassified data shall be prepared for shipment in accordance with best commercial practices.

13.2 Marking of Reports

Reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(a) Name and business address of the Contractor;

(b) Contract number and delivery order number, if applicable;

(c) Project Name;

(d) Date of report;

(e) Deliverable name and number; and

(f) Program office(s).

13.3 Software and Magnetic Media Markings

Packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: “CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR MAGNETIC FIELDS”.

13.4 Packing of Supplies for Shipment

Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe delivery at destination.

Unless otherwise directed at the delivery order level, each box, carton, and package shall be marked as follows, or as required by the

DORP:

AMERICAN EMBASSY

POC (To be provided upon award) Delivery Order No. (To be provided upon award) City, Country Box #__ of __

Improperly marked shipments may be rejected by the Government, and the contractor shall be solely responsible for all costs associated with said deliveries and any required redeliveries. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/ carton/package, or individually attached to the outside of each box/carton/package. All shipping documents and other delivery information shall also be provided to COR.

13.5 Packing List(s)

A packing list or other suitable shipping document shall accompany each shipment and shall include the following information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package number, if any.

13.6 Warranty Notification

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

13.7 Packaging and Palletizing

The packing and palletizing, if palletizing is required under this contract, must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm or www.aphis.usda.gov/ppq/wpm/import.html.

13.8 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HASMAT) for Overseas Shipment

Preservation, packaging, packing, marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable:

(a) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization (IMO).

(b) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note:

Classifications permitted by the HMR, but not permitted by the IMDG code, such as Consumer Commodities classed as ORM-D shall be packaged in accordance with the IMDG Code and dual marked with both Consumer Commodity and IMDG marking and labeling.)

(c) Occupational Safety and Health Administration (OSHA) Regulation 29 (CFR) part 1910.1200.

(d) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO), Technical Instructions.

(e) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Shipments.

(f) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract.

14.0 INSPECTION AND ACCEPTANCE

Inspection and acceptance terms, including point of inspection and acceptance, will be incorporated in each delivery order based on the nature of the services and/or supplies being acquired. Individual delivery orders issued under this contract may relax, augment, or otherwise revise the requirements of this section.

14.1 Acceptable Levels of Performance

The Contracting Officer’s representatives (e.g., COR, ACOR, GTM) are provisionally responsible for inspection and acceptance of the Contractor’s effort under this contract. The Contracting Officer is ultimately responsible for inspection and acceptance.

14.2 Quality of Reports and Data Deliverables

General quality measures, as set forth below, will be applied to each work product received from the Contractor under this contract.

(a) Accuracy: Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

(b) Clarity: Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

(c) Consistency to Requirements: All work products must satisfy the requirements of this contract and specific order.

(d) Timeliness: Work Products shall be submitted on or before the due date specified herein or submitted in accordance with a later scheduled date determined by the Government.

14.3 Government Inspection and Evaluation

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All inspections and evaluation by the Government’s representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established professional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/ or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be discussed with the Government prior to implementation. Reports of the Contractor’s performance shall be placed in the contract file and will be subject to release to the public.

The Contractor agrees that such reports or deficiencies or proposed corrective action may be released to the public without objections by the Contractor.

14.4 Contractor Quality Control

The contractor shall institute and maintain an appropriate system of quality control, to be set forth in a Quality Control Plan. The Quality Control Plan shall be submitted to the CO and the COR no later than twenty (20) days after award of the contract.

The plan shall be adequate for ensuring that all work performed under the contract is of the highest quality standards and consistent with best industry practices, to assure timely provision of compliant supplies and services, optimum USG satisfaction, and appropriate use/protection of USG facilities and assets. Records of all inspections conducted by the Contractor and necessary corrective actions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the Government at the request of the Contracting Officer or Contracting Officer’s Representative.

The Contractor shall hold all subcontractors to the same standards of performance as required from the Contractor in fulfilling the performance requirements of this contract and each delivery order.

14.5 Government Quality Assurance

The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract and any resultant delivery orders. The role of the Government is to conduct quality assurance to ensure that standards are achieved.

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract and its delivery orders. Government quality assurance will be performed routinely by the Contracting Officer’s Representative.