19AQMM26Q0469 SF1449.pdf

Document Number: 19AQMM26Q0469 PROCESSED Page 1 of 62

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER PAGE 1 OF 62

5. SOLICITATION NUMBER

19AQMM26Q0469

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE

09/25/2026

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/25/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Eric R. Modrak

b. TELEPHONE NUMBER (No collect calls) 771-205-2154

8. OFFER DUE DATE / LOCAL

TIME

11/01/2026 17:00

CODE GAAM_

BUREAU OF GLOBAL ACQUISITIONS (GA)

1200 Wilson Blvd., SA-6B

ATTN: GA

ARLINGTON, VA 22209

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS): 541519

SIZE STANDARD: $34,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS BLOCK IS

MARKED

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE GAAM16. ADMINISTERED BY

Mexico City GA/AM Mexico City Bureau of Global Acquisitions Mexico

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

IPPCODE18a. PAYMENT WILL BE MADE BY

IPP

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

CHARLESTON, SC 29415

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Information

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Eric R. Modrak

31c. DATE SIGNED 07/15/2026

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 19AQMM26Q0469 PROCESSED Page 2 of 62

Section A - Solicitation/Contract Form

Line Item Summary

Solicitation Number:

19AQMM26Q0469

Contract Number: Title:

CONOCER Certification Services (INL Mexico)

Date of Solicitation:

09/25/2026

Project ID: WHP.MX.0254 approved by INL Mexico Director on 09/27/2024. VoBo approval not applicable for donation of services.

Number Supplies or Services Max. Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: U005

PSC Description: EDUCATION/TRAINING- TUITION/

REGISTRATION/MEMBERSHIP FEES

Type of Contract Pricing: Firm Fixed Price

0.0 EA $0.00 $0.00

Period of Performance: 12/01/2026 - 11/30/2031

Description: Delivery of evaluation services in accordance with the SOW.

Fully burdened FFP rate per participant

FIVE-YEAR ORDERING PERIOD.

SEE ATTACHMENT 2 FOR PRICING

Number Supplies or Services Max. Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: U005

PSC Description: EDUCATION/TRAINING- TUITION/

REGISTRATION/MEMBERSHIP FEES

Type of Contract Pricing: Firm Fixed Price

0.0 EA $0.00 $0.00

Period of Performance: 12/01/2026 - 11/30/2031

Description: Delivery of CONOCER certification in accordance with the SOW.

Fully burdened FFP rate per participant certified

FIVE-YEAR ORDERING PERIOD.

SEE ATTACHMENT 2 FOR PRICING

Number Supplies or Services Max. Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: U005

PSC Description: EDUCATION/TRAINING- TUITION/

REGISTRATION/MEMBERSHIP FEES

Type of Contract Pricing: Firm Fixed Price

0.0 EA $0.00 $0.00

Period of Performance: 12/01/2026 - 11/30/2031

Description: Travel price per evaluator to deliver services per session (1 week in accordance with the SOW) at any location in Mexico.

FFP per individual evaluator

Number Supplies or Services Max. Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: U005

PSC Description: EDUCATION/TRAINING- TUITION/

REGISTRATION/MEMBERSHIP FEES

Type of Contract Pricing: Firm Fixed Price

0.0 EA $0.00 $0.00

Period of Performance: 12/01/2026 - 11/30/2031

Description: Value Added Tax (VAT) as needed and if required in accordance with awarded proposal VAT is priced as FFP as the billed amount shall not exceed the unit price on this CLIN. However, actual VAT reimbursements remain contingent on the contractor complying with Section 11 of the SOW and providing the contractually required documentation. Therefore, actual VAT reimbursements may be less than the unit price listed on this CLIN.

FIVE-YEAR ORDERING PERIOD.

SEE ATTACHMENT 2 FOR PRICING

INL SBO approval to sub-obligate received via PCN approval on 01/06/2026 (ref. Tranche 87 pg. 3). GA SBO award approval received on MM/DD/YYYY.

Document Number: 19AQMM26Q0469 PROCESSED Page 3 of 62

CLIN Funding: Cost:

Base Totals: $0.00 $0.00

Exercised Options Totals: $0.00 $0.00

Unexercised Options Totals: $0.00 $0.00

Base and Options Totals: $0.00 $0.00

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

Pages 1 19AQMM26Q0469 Attachment 1.pdf 09/25/2026 2 19AQMM26Q0469 Attachment 2 - Pricing Spreadsheet.xlsx 09/25/2026

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/far-overhaul https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf [Insert one or more Internet addresses] (End of provision) Clause Title Fill-ins

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.203-11 Certification And Disclosure Regarding Payments to Influence Certain

Federal Transactions (Sept 2024)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements--Representation (Jan 2017)

52.204-7 System for Award Management - REGISTRATION (DEVIATION JAN

2026)

B.1 - General Description

The contractor shall perform the effort required under this Indefinite Delivery Indefinite Quantity (IDIQ) contract on a firm-fixed price (FFP) basis. The work shall be performed in accordance with this IDIQ. Individual task orders will be issued under this IDIQ.

Document Number: 19AQMM26Q0469 PROCESSED Page 4 of 62

B.2 - Supplies & Services Required

Following contract award, the Department of State will provide the following in electronic soft copy:

• Additionally, DOS/INL will provide the contractor with the necessary document templates (in soft copy) to perform the evaluation which include

• Registration form Rights and obligations

• Evaluation plan

• Diagnostic evaluation

• Evaluation instructions

• The evaluation record sheets.

• The roster to record the scores (to be adjusted for each session);

• A detailed evaluation guide for distribution and use by evaluators performing services under this contract, provided at award If changes are made to any of the templated documents, soft copy updates will be provided to the contractor for use in subsequent sessions.

Additionally, prior to the beginning of each evaluation session, the Department of State INL will provide:

• List of participants per each session

• Identification of and facilitated access to the Government of Mexico (GOM) facility for that session.

Normally, GOM training facilities are well equipped, however the contractor must be prepared with their own materials to perform the required services in accordance with their technical proposal. Normally, the GOM institutions provide the necessary materials to carry out the certification, since certification sessions occur in their facilities. However, the contractor must have on hand the following materials in case they are not made available for use by the GOM facilities.

• Pencils

• Erasers

• Pencil Sharpener

• Black and blue ink pens

• White paper sheets

• Printed Assessment forms

With respect to the portions of the assessment that must be virtual, the contractor ensure that they have available and use properly functioning technological equipment to perform all required SOW duties such as but not limited to e.g. computer, webcam, etc.

Session rates provided by the contractor shall be fully loaded and inclusive of all costs for which the contractor expects compensation. The contractor shall furnish all personnel, equipment, material, supplies, and services (except as may be expressly set forth in this IDIQ as furnished by the Government) and otherwise do all things necessary for, or incidental to, the performance of work as described in Section C. Statement of Work and the contractor's own technical proposal. In the experience of the USG, it's possible that evaluators can perform

Document Number: 19AQMM26Q0469 PROCESSED Page 5 of 62 all necessary requirements with only printed reference materials such as scoring sheets and evaluation parameters.

The contractor must separately price travel and VAT (if applicable) in accordance with the SOW and Schedule

B.3 - Type of Contract

This solicitation and subsequent award will be for a purchase order and will follow FAR Part 12- Acquisition of Commercial Items utilizing policies and procedures from FAR 12.201

As required by FAR 16.504, the minimum value of guaranteed work is $5,000. The government intends to meet this minimum by issuance of an initial task order concurrently with the IDIQ award. If the Government does not issue an inital task order concurrently with the IDIQ, the IDIQ minimum shall be obligated onto the IDIQ and will be available for invoicing at the conclusion of the applicable ordering period, if no task order is issued subsequent to the award. The total value of all orders issued under any resultant IDIQs award shall not exceed $5,000,000.

The government intends to award multiple IDIQ contracts under NAICS code 541990. This solicitation is not subject to a small business set-aside and is unrestricted. All CLINs on awards resulting from this solicitation are firm-fixed price type. VAT will be treated as a direct reimbursement not to exceed the firm-fixed price total. Actual VAT reimbursements under VAT FFP CLINs are subject to providing the required documentation in accordance with Attachment 1 (SOW) Section 11. Therefore, actual VAT direct reimbursements may be less than the full firm-fixed price.

B.4 - Pricing

The contractor shall provide fully loaded firm-fixed price rates for evaluation services and certification issuance services as described in the SOW. Additional requirements are found in the SOW, attached via Section J. Evaluation sessions are defined and must be performed as described in the SOW. However, the contract will be priced and payments will be made on a per participant basis. In the event that a participant receives evaluation services but is not certified, the contract is permitted to bill for services under the X001 CLINs (evaluation per participant) but not the X002 CLINs (certification per participant)

Pricing for additional CONOCER services in Competency Standards other than 1599 will be added subsequent to award will be negotiated on a per Competency Standard basis, but will remain firm-fixed price.

C.1 - Statement of Work

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Services must be performed in accordance with the Statement of Work (SOW) incorporated into this IDIQ as an attachment via Section J. See Attachments 1.

C.2 - Value Added Tax (VAT) in Mexico and Reimbursement Requirements

VAT RECLAMATION

Value Added Tax (VAT) is 16% or the one stated in the Value Added Mexican Law Tax (VAT:

https://www.diputados.gob.mx/LeyesBiblio/pdf/LIVA.pdf), for payments associated with the in-country purchases of goods, materials or services required to perform this contract.

The contractor shall follow the invoicing procedures established by INL to allow the U.S.

Embassy Mexico to reclaim the IVA/VAT taxes charged. VAT, or “IVA” as it is known in Mexico, shall be itemized in all invoices. In order for the contractor to claim VAT on its invoices, the Contractor is required to obtain an invoice, “Factura”, from a Mexican Company that complies with all the requirements of Article 29 A of the Mexican Fiscal Code or obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público to emit its own facturas.

The contractor shall provide the necessary invoicing requirements to enable the USG to obtain reimbursement for VAT. This reimbursement benefit is extended only to the U.S. Government

– not the Contractor – as a diplomatic privilege. The following/current Factura´s requirements are outlined in the paragraphs below.

All Facturas, the Contractor delivers to the U.S. Government shall be in accordance with VAT Mexican Tax regulations:

(VAT: http://www.diputados.gob.mx/LeyesBiblio/ref/liva.htm) and Mexican Fiscal Code (MFC: http://www.diputados.gob.mx/LeyesBiblio/ref/cff.htm).

The Contractor’s failure to follow these procedures shall result in the U.S. Government’s inability to secure tax reimbursement on this contract, resulting in VAT payment in the Invoice being denied to the contractor. Facturas for the in-country purchases described above shall include only charges authorized in this contract. Such Facturas shall list separately or collectively the pre-tax price of any supplies or services provided in country.

As it is required by local authorities, the Contractor shall impose the appropriate tax rate against the pre-tax total of the purchases represented on the Factura. The Contractor shall submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG shall only compensate the Contractor for the tax amount provided on such Facturas and in any case VAT reimburse won’t exceed the amount authorized in the contract for this purpose.

VAT on items such as contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc. are excluded from reimbursement.

All Facturas shall be addressed to “Embajada de los Estados Unidos de Norteamerica” as stated in the below requirements.

Document Number: 19AQMM26Q0469 PROCESSED Page 7 of 62

The contractor´s Factura shall provide at least the following in accordance with Article 29 A of the Fiscal Mexican Code:

• Issuer’s name and address

• Issuer’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal Identification)

• Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice

• Invoice number and complete transaction date (month, day, and year). Also needed is the date and place of issue (Lugar y fecha de expedición). The two dates shall be the same.

• Required legal wording that addresses the illegal reproduction of the document. The printing company information shall annex the date of printing and official authorization number

• Customer ´s Name: “Embajada de Estados Unidos de Norteamérica”

• U.S. Embassy R.F.C. Number: EEU930201289

• U.S Embassy Address: PASEO DE LA REFORMA No. 305 COL. CUAUHTEMOC, CIUDAD DE MEXICO C.P. 06500.

• Régimen: Personas Morales con Fines no Lucrativos

• Quantity and description of acquired services or merchandise

• If applicable, the number and date of customs import documents associated with all sales of imported merchandise

• Invoice(s) received in Mexican pesos shall also include, in the legend, the date and exchange rate used when the invoice was emitted by the Mexican company. The exchange rate noted on the Mexican company’s invoice will be used to reimburse VAT to contractors.

• Invoice shall say “FACTURA.” All digital invoices (“FACTURAS”) shall be presented to the Embassy/ Contracting Officer Representative (COR).

• The tax-relief invoice shall be written in English and Spanish versions.

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• Invoice shall have a valid digital seal.

• Invoices must be provided in CFDI (.XML) and pdf format.

The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA/VAT documentation shall be submitted to the COR for approval and submission to Hacienda at the time of the invoice request for payment. All electronic invoices should be submitted via IPP.

The Contractor must also obtain and submit the “Complemento de Pago” in each factura as the primary proof of payment. According to the Fiscal Mexican Regulation, all vendors shall issue this Complement of Invoice Payment after receiving their pay from their facturas labeled as “Pago en parcialidades”.

this link containts additional information:

https://wwwmatnp.sat.gob.mx/consultas/92764/comprobante-de-recepcion-de-pagos

C.3 - Performance Metrics--Contractor Evaluation (CPAR)

The awarded contract will be closely monitored by the CO, COR(s)/ACOR(s) and GTM(s) throughout the entire period of performance and will be reported on at a minimum one time annually at the conclusion of the base year/each option year period.

The evaluation will be submitted via CPARS, the Contractor Performance Assessment Reporting System (CPARS). The information used to derive the evaluation will be considered in determining if an option year will be exercised. The performance metrics, by which the Contractor Company will be evaluated, including the Contractor Company’s adherence to SOW requirements, are the evaluation areas described in CPARS.

E.1 - Inspection and Acceptance of Services and Deliverables

The Contracting Officer’s Representative (or the ACOR in the COR’s absence) shall make inspection and acceptance of the services to be provided hereunder. GTMs cannot accept services, but can advise the COR appropriately. The Government has the right to inspect and approve all services called for in orders issued under the contract.

If the Contractor fails to perform the required services at an acceptable level as determined by the COR, either from a performance or professionalism standpoint, the Government reserves the right to request reperformance pursuant to 52.212-4(a), place no additional orders and/or terminate the contract. The COR will also inspect required deliverables for compliance with SOW requirements and quality standards (see E.3).

E.2 - The Role of Government Personnel and Responsibility for Contract Administration

Document Number: 19AQMM26Q0469 PROCESSED Page 9 of 62

*Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He or she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he or she may delegate certain other responsibilities to authorized representatives.

*Contracting Officer’s Representative (COR): The COR is the primary individual assigned to monitor and evaluate the contractor's performance. The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and conditions of the contract; knowing the scope and limitations of their authority; using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sen sitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occ ur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered. The COR will be responsible for techni cal direction, reviewing and approving contractor work plans, assessing contractor progress against work plans, receipt and acceptan ce of contract deliverables, reviewing and approving invoices. The COR is also responsible for keeping the CO informed of any issues affecting contractor’s performance under the contract. Alternate COR(s) may be delegated to assume the role of the COR in the absence of the delegated COR.

*Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities in monitoring and evaluating the contractor's performance.The responsibilities of the GTM may include: monitoring and inspecting the Contractor's progress and perfo rmance; evaluating contractor performance with the terms and conditions of this contract;

acting as the Government's representative at the work site; advising the COR and CO of nonperformance or unsatisfactory performance; preparing receiving reports; and advising the COR and CO of any factors which may cause delay in work performance.

E.3 - Quality Standards

All services performed under this contract shall be of the highest quality standards consistent with best industry practices to assure timely provision of services, optimum Department of State customer satisfaction, and adequate protection of Government assets.

F.2 - Place of Performance

The evaluations shall be held in state or federal training facililities across Mexico. Actual places will be provided to the Contractor by INL. The course locations could be in any state of Mexico, depending on need, interest, safety, and health conditions.

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F.3 - Cancellation

INL Mexico reserves the right to reduce the number of scheduled and funded sessions, if needed. If one week notice is provided before cancellation of a session, then the cancellation shall be at no penalty to INL.

In the case of postponement or rescheduling of sessions with less than one week notice, the contractor will be reimbursed only actual documented costs that cannot be deferred until the rescheduled session(s).

652.239-800 - Cybersecurity Supply Chain Risk Management Requirements (AUG 2026)

(a) Definitions. As used in this clause:

Covered article - The term "covered article" includes-

(1) "Information and Communications Technology" which is an industry term for information technology that is involved in integrating telecommunications (e.g., telephone lines and wireless signals) and computers to enable users to access, store, manipulate, transmit, and receive digital information. This includes software, software as a service, digital and data services, and hardware components that support information creation, storage, transfer, and management, like computers and smartphones.

(2) “Operational Technology” (OT) is defined as programmable systems or devices that interact with the physical environment (or manage devices that interact with the physical environment). These systems/devices detect or cause a direct change through the monitoring and/or control of devices, processes, and events.

Examples of OT include industrial control systems, building management systems, fire control systems, physical access control mechanisms, and internet of things devices.

(3) “Critical software” refers to any software, firmware, or cloud-based application—including its direct dependencies—that performs functions vital to the organization’s security posture and operational integrity. This includes any tool that manages elevated privileges, possesses direct access to networking and computing resources, or controls access to data and operational technology. Furthermore, any software that performs essential trust functions or operates across security boundaries is classified as critical, as its compromise would grant an attacker significant control or visibility into the broader environment.

(4) "Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(5) "Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes

Document Number: 19AQMM26Q0469 PROCESSED Page 11 of 62 of users as to be effectively available directly to the public, regardless of the facilities used.

(6) Cybersecurity Supply Chain Risk: The term cybersecurity supply chain risk means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(7) Incident: The term incident means per the Federal Information Security Modernization Act of 2014, “an occurrence that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.”

(8) Vulnerability: The term vulnerability which means any weakness in an information system, system security procedures, internal controls, or implementation that could be exploited or triggered by a threat source.

(b) Contractor Cybersecurity Supply Chain Risk Management Responsibilities.

The Contractor must regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services to the Government. The Contractor shall maintain artifacts (i.e., any byproduct of hardware or software development that helps describe the architecture, design, and function of that hardware or software) that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request, which may be redacted to remove sensitive proprietary information.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. No more than an estimated once per year, the Contractor must provide any requested information related to its supply chain within 10 business days except information that is protected by a non-disclosure agreement with its customers (e.g., another federal agency).

(d) Novation Agreement Notice. FAR 42.1203 requires Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(e) Notification procedures for cybersecurity supply chain incidents. When an incident occurs, the Contractor must contact the CO or their designee within 72 hours of the incident.

(f) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

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(g) Attestation following Major Version Change. For critical software, as defined by NIST Guidance, provided under the contract that required an approved Secure Software Development Attestation Form, the responses on this form apply to the software’s major version changes (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) unless the Contractor otherwise notifies the Contacting Officer that the form is no longer valid. This notification to the Contracting Officer must be submitted within 15 days of the major version change and must include a new completed and signed Secure Software Development Attestation Form.

(End of clause)

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 for the IDIQ is Marisa Calva. The GTM is Daniela Pedroza. These delegations also apply to all orders issued under this IDIQ unless otherwise dicatated in specific task orders.

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-_”

Document Number: 19AQMM26Q0469 PROCESSED Page 13 of 62

(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]

G.1 - Technical Direction

Guidance and specific direction in carrying out the contract requirements will be provided by the COR, ACOR (to be identified when the contract is awarded), or GTM on an ongoing basis. Contractor personnel will be expected to carry out contractual instructions received from the COR, ACOR, or GTM in a professional and timely manner. The contractor shall not take direction from anyone who is not the Contracting Officer, or appropriately designated as COR, ACOR, or GTM. Only the Contracting Officer is authorized to modify the terms and conditions of the contract. If an individual provides technical direction that, in the contractor's view, does not conform with contract requirements, the contractor must defer action and refer the matter to the Contracting Officer.

G.2 - Non-Payment for Unauthorized Work

No services shall be provided by the contractor unless they are already authorized and funded via the contract issued by a DOS Contracting Officer prior to services being rendered.

The U.S. government shall not be obligated to pay the contractor any amount in excess of the total contract funded amount.The contractor shall not perform any service(s) outside the period of performance of the contract unless a written modification is issued by a DOS Contracting Officer prior to services rendered.

No payments will be made for unauthorized services or for any unauthorized changes to the work specified in Section B, “Supplies or Services and Prices/Costs” or Section C, “Descriptions/Specifications/Statement of Work” (if applicable). This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed DOS Contracting Officer. Only a duly appointed Contracting Officer is authorized to modify the contract or change the specifications, terms, and/or conditions of this contract.

Failure to adhere to clause will result in non-payment for unauthorized services.

G.3 - Ordering Procedures

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(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue task orders hereunder:

Bureau of Global Acquisitions Acquisition Management Director (DOS/GA/AMD) Contracting Officers

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information or order-specific terms and conditions.

(c) Orders may be issued by facsimile, by email, or by electronic commerce methods in accordance with FAR 52.216-18(b)

(d) Methodology for Placement of Orders

• The government may request pricing and issue orders orders based on delivery of training in specified locations as described in the Task Order Request for Proposal

(TORP).

• Alternately, the Government may not provide training locations and the contractors are invited to provide discounts from their IDIQ travel price rates that applies to any location in Mexico.

• The Government will not issue task orders with CLIN unit prices that exceed the corresponding established contract rate for a particular CLIN.

• The Government intends to compete orders and invite offerors to provide TORP level pricing discounted from the IDIQ contract prices.

• The Governments method for issuing orders, including the quantity of training sessions, will be based on program needs.

Fair Opportunity Procedures for Placing Orders under this IDIQ:

(a) Fair opportunity procedures may not be utilized for orders at or below the micro-purchase threshold.

(b) Orders Expected to Exceed the Micro-Purchase Threshold.

The Contracting Officer will give every awardee a fair opportunity to be considered for a delivery order exceeding the micro-purchase threshold unless one of the statutory exceptions in FAR 16.505(b)(2) applies.

1) Task Orders Not Expected to Exceed the Simplified Acquisition Threshold (SAT)

For orders not exceeding the SAT, as defined in FAR 2.101(b), the Contracting Officer need not contact each of the multiple awardees under the contract before issuing an order. The Government may review pricing, past performance, and technical information available to ensure that each awardee is provided a fair opportunity to be considered for award.

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While not required, the Contracting Officer reserves the right to issue a Task Order Request for Proposal (TORP) to each awardee. The Government reserves the right to solicit task order proposals orally.

2) Task Orders Expected to Exceed the SAT

• The government intends to compete awards awarded under this IDIQ in accordance with FAR 16.505(b)

• The government will intends to issue TORPs via email to the maximum extent possible.

• The government will provide fair opportunity for IDIQ awardees by utilizing a price competition to place orders. A technical evaluation may or may not be required during the fair opportunity process.

• The government reserves the right to place orders with all awardees in order to satisfy the IDIQ minimum guarantee requirements and to ensure that there is a broader base of available instructor services.

• If multiple orders are placed, the preponderance of work (i.e. required course sessions) for the base year or a given option year will remain with the awardee that is selected on the basis of price.

• The government reserves the right to make multiple task order awards resulting from a single request for task order proposals if determined to be in the best interest of the government.

(c)Post-award notices and debriefings will only be provided if required per FAR 16.505(b)(6)

H.1 - Standards of Conduct

The Contractor shall ensure that personnel assigned to this contract observe the highest standards of personal and professional conduct, and that employees performing functions outside the United States observe the requirements of the local law and applicable US mission regulations, including but not limited to instructions or policies governing outside employment, commercial activities, currency exchange, and travel restrictions. The contractor is also responsible for complying with the requirements of the Mexican government entity/facility where services are being performed.

The Contractor is responsible for recruiting and hiring only those personnel who can maintain the standards of conduct required under this contract. Additionally, the Contractor is responsible for maintaining satisfactory standards of employee conduct and integrity and shall be held fully accountable for the conduct of its employees and its subcontractor’s employees.

If the Contracting Officer determines that continued performance under this contract by any Contractor or subcontractor personnel is contrary to the public interest, the Contractor shall remove the employee from all work under this contract. Additionally, the Contractor shall adhere to the prohibition of specific activities including any unauthorized involvement in trafficking of person, unauthorized frequenting locations known to be involved with prostitution or trafficking persons, any involvement with the soliciting of persons for the purpose of

Document Number: 19AQMM26Q0469 PROCESSED Page 16 of 62 engaging in sexual acts and any participation in sexual activity in exchange for any monetary or nonmonetary form of consideration asdescribed in FAR 52.222-50.

H.2 - Contractor Self-Identification

All contractor personnel under this contract working in other situations where their contractor status is not obvious to third parties (i.e. Government of Mexico personnel) are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of Mexican government personnel or Congress that they are United States Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize letterhead for any correspondence between the contractor and any other entity depicting or intimating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation.

Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

H.3 - Removal from Duty

The Government may direct that a contractor employee be removed immediately from performance under the contract should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government or the normal and efficient operations of the Government of Mexico training facility;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance

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The Contractor shall be responsible for maintaining satisfactory standards of conduct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from performance under the contract.

H.4 - Key Personnel

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

CONOCER Evaluator 1599 Competency Standard [Names to be inserted by offeror at time of quote submission.]

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

(3) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced.

The Contracting Officer shall be notified in writing of any proposed substitution at least thirty days in advance of the proposed substitution. Such notification shall include:

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

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

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

(4) Contract evaluators are subject to DOS/INL local vetting. If derogatory information is discovered that compromises the integrity of the training product, key personnelevaluators may be precluded from performing services under the contract as directed by the Contracting Officer.

E.g. an evaluator, already approved by INL on a technical basis per labor category requirements, is discovered to have an open arrest warrant in Mexico. This derogatory information would render that individual ineligible to perform services under the contract.

Contractors are encouraged to conduct vetting of their proposed evaluators. Replacement evaluators required to deliver contract services and necessitated by disqualification resulting from local vetting will be at no additional cost to the contract or U.S. government.

(end of clause)

H.5 - Safeguarding of Information

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which

Document Number: 19AQMM26Q0469 PROCESSED Page 18 of 62 has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S.

Government. Furthermore, no article, book, pamphlet, e-mail, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

52.203-13 - Contractor Code of Business Ethics and Conduct (Nov 2021)

(a) Definitions. As used in this clause--

"Agent" means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

"Full cooperation"--

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

"United States," means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

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(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act ( 31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency…