19AQMR23R0005.pdf
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| Attachment 2 - Pricing Spreadsheet Amdmt 001.xlsx | XLSX spreadsheet | |
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| Attachment 6 - Q and A Consolidated Government Responses.xlsx | XLSX spreadsheet | |
| Attachment 3 - Section L Amdmt 001.docx | DOCX document | |
| Attachment 4-Section M Amdmt 001.docx | DOCX document | |
| Attachment 4-Section M.docx | DOCX document | |
| Attachment 2 - Pricing Spreadsheet.xlsx | XLSX spreadsheet | |
| Attachment 1 - Canines and Training SOW.docx | DOCX document | |
| Attachment 6 - Q and A Template.xlsx | XLSX spreadsheet | |
| Attachment 3 - Section L.docx | DOCX document | |
| Attachment 5 - Past Performance Rating Form.xlsx | XLSX spreadsheet |
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19AQMR23R0005
SOLICITATION, OFFER, AND AWARD
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR
700)
RATING
2. CONTRACT NUMBER 3. SOLICITATION NUMBER
19AQMR23R0005 SEALED BID (IFB)
X NEGOTIATED (RFP)
4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE: LMAQM
OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)
PO BOX 9115, ROSSLYN STATION
US DEPARTMENT OF STATE
ARLINGTON, VA 22219
7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until
__04/24/2023__ local time __04/24/2023__
10. FOR
INFORMATION
E-MAIL:
A. NAME
ACQ CO - DiAngelo, Mary
B. TELEPHONE (NO
COLLECT CALLS)
C. E-MAIL ADDRESS
DiAngeloME@state.gov
11. TABLE OF CONTENTS (See Table of Contents on page 2)
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
PART I - SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES Contract B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS
D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE
L INSTRUCTIONS., CONDITIONS, AND NOTICES TO
OFFERORS
G CONTRACT ADMINISTRATION DATA
M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
12.
13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.
52.232-8)
10 CALENDAR DAYS(%)
0.00 %
20 CALENDAR DAYS(%)
0.00 %
30 CALENDAR DAYS(%)
0.00 %
0 CALENDER DAYS(%)
0.00 %
14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
AMENDMENT NO. DATE AMENDMENT NO. DATE
15A. NAME AND
ADDRESS OF
OFFEROR
CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)
15B. TELEPHONE NUMBER
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM
ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)
ITEM
CODE: OPEAQM
AQM Mexico City
OPE/AQM/IP/AQM MXC
Office of Acquisition (AQM) Mexico, MEXICO
24. ADMINISTERED BY (if other than Item 7) CODE: RMGFO
GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON, SOUTH
CAROLINA
PO BOX 150008; Fax To: 1-866-483-3436
ATTN: OFFICE OF CLAIMS
CHARLESTON, SC 29415-5008
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
ACQ CO - DiAngelo, Mary (Signature of Contracting Officer)
27. UNITED STATES OF AMERICA 28. DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 6/2014)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
Line Item Summary
Solicitation Number:
19AQMR23R0005
Contract Number: Title: Trained Scent Detection Canines
Date of Solicitation:
Line Item No.
Description Quantity Unit Unit Price Total Cost
0001 Trained Detection Canines and Handler Courses Base Year Ceiling: $12,000,000 Type of Contract Pricing: COM
Doc Ref No:
Delivery Date FOB:
1.00 LT
1001 Trained Detection Canines and Handler Courses
OY1
Ceiling: $12,000,000 Type of Contract Pricing: COM
Doc Ref No:
Delivery Date FOB:
1.00
LT
2001 Trained Detection Canines and Handler Courses
OY2
Ceiling: $12,000,000 Type of Contract Pricing: COM
Doc Ref No:
Delivery Date FOB:
1.00
LT
3001 Trained Detection Canines and Handler Courses
OY3
Ceiling: $12,000,000 Type of Contract Pricing: COM
Doc Ref No:
Delivery Date FOB:
1.00 LT
4001 Trained Detection Canines and Handler Courses
OY4
Ceiling: $12,000,000 Type of Contract Pricing: COM
Doc Ref No:
Delivery Date FOB:
1.00
LT
Section A - Solicitation/Contract Form
Identifier Title Date Number of Pages
1 Attachment 1 - Canines and Training SOW.docx 03/03/2023 2 Attachment 2 - Pricing Spreadsheet.xlsx 03/03/2023 3 Attachment 3 - Section L.docx 03/03/2023 4 Attachment 4-Section M.docx 03/03/2023 5 Attachment 5 - Past Performance Rating Form.xlsx 03/03/2023 6 Attachment 6 - Q and A Template.xlsx 03/03/2023
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 req uest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/th ese address(es):
https://www.acquisition.gov/
[Insert one or more Internet addresses] (End of clause) Clause Title Fill-ins
52.204-8 Annual Representations and Certifications (Mar 2023)
B-001 - Type of Contract
(a) This is a single award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR)
16.504 (Indefinite-Quantity Contracts), awarded as a Woman Owned Small Business set aside.
(b) This contract is for commercial items and services
(c) Specific types and quantities of items 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 part 16 (Types of Contracts).
(e) If a task order will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the task order level.
B-002 - Minimum and Maximum Quantities
(a) The Government shall meet the IDIQ contract minimum of $1,000 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. (b) The maximum quantity fo r 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 $12,000,000 USD (inclusive of all direct costs, indirect costs, and profit/fee).
B-004 - Provisional Billing Indirect Cost Rates
a) This section applies to arrangements (i.e., delivery orders or line items in a delivery order) when payment is made based on actual c osts incurred (e.g., type in cost-reimbursement category, materials portion of time-and-materials type, any progress payments based on costs under firm-fixed-price type, fixed-price incentive types).
b) The following table displays the negotiated provisional billing indirect cost rates:
Indirect Cost Rate Description Negotiated Provisional Billing I ndirect Cost Rate Allocation Base Contractor Fiscal Year Period
To be inserted at IDIQ Award
(c) The contractor may recover, if consistent with FAR subpart 31.2 and the Contractor's established cost accounting practices, allowable indirect costs.
(d) Only the Contractor's indirect rates are identified above; indirect cost rates for subcontractors and/or other entities are not included in part or in whole.
(e) The Contractor shall be reimbursed:
1. only indirect cost rate descriptions identified in the table unless prior written approval was obtained by the Contractor's cognizant Federal agency official (CFAO); and
2. at the negotiated provisional billing indirect cost rates until revised billing indirect cost rates or final indirect cost rates have been established by the CFAO.
(f) After any additional (other than just a name change) indirect cost rate description has been approved in writing by the Contractor’s CFAO, negotiation of provisional billing indirect cost rates and establishment of ceiling indirect cost rates associated with such description will occur after the CFAO has issued his prior written approval of such description. In such a case, the ceiling indirect cost rates shall not exceed 10% of the respective provisional billing indirect cost rates (e.g. provisional rate of 5.0%, ceiling rate shall not exceed 5.5%).
(g) If any revised billing indirect cost rate or final indirect cost rate(s) established by the CFAO exceeds this contract's respective ceiling indirect cost rate (see Section B.5), the Contractor shall be reimbursed at the contract's ceiling indirect cost rate.
(h) The Contractor shall make no change to its established method of classifying or allocating indirect costs without the prior written approval of the Contractor’s CFAO.
(i) The Contractor's fiscal year period is the period used by the Contractor for cost accounting purposes.
B-005 - Ceiling Indirect Cost Rates
This section applies to arrangements (i.e., delivery orders or line items in a delivery order) when payment is made based on actual costs incurred (e.g., type in cost-reimbursement category, materials portion of time-and-materials type, any progress payments based on costs under firm-fixed-price type, fixed-price incentive types).
(a) The following table displays the negotiated ceiling indirect rates Indirect Cost Rate Description Negotiated Ceiling Indirect Cost
Rate Allocation Base Contractor Fiscal Period
To be inserted prior to award To be inserted prior to award To be inserted prior to award To be inserted prior to award
(b) The negotiated ceiling indirect cost rates will be compared to the respective established final indirect cost rates, and the Government shall pay the lesser of the negotiated ceiling indirect cost rates and the respective established final indirect cost rates. See Section B.4 for the other usage of the negotiated ceiling indirect cost rates.
(c) If the Government uses the quick close-out procedures provided in FAR 52.216-7 (Allowable Cost and Payment), the Government will not pay indirect cost rates that exceed the respective negotiated ceiling indirect cost rates.
B-006 - Travel Costs
a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, and passport/visa costs.
b) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs).
c) Travel costs are authorized for travel beyond a 50-miles’ radius of the Contractor employee’s local place of performance (official duty station) whenever work is required to be accomplished at a remote work site.
d) Local travel shall be processed as follows:
If the Government requires a Contractor employee to work an entire normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee after considering:
any physical or medical needs of the employee; and mission requirements.
Payment for time associated with such travel is unallowable.
If the Government requires a Contractor employee to work part of a normal work day at a site other than the Contractor employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, all travel costs are generally allowable, but only for those costs resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.
For this section, “part of a normal work day” is one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station) and departs at the end of his normal work day from his local place of performance (official duty station). An example is an employee having to attend a meeting at a Department of State site in the middle of the work day.
Payment for time associated with such travel is generally allowable as long as such time is counted as part of the employee’s normal work day.
If the Government requires a Contractor employee to work part of a normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering:
any physical or medical needs of the employee; and mission requirements.
For this section, “part of a normal work day” is only one of the following:
One in which the employee arrives at the start of his normal work day to his local place of performance (official duty station);
or One in which the employee departs at the end of his normal work day from his local place of performance (official duty station).
An example is an employee having to attend an all-morning local meeting and returning afterwards to his local place of performance (official duty station).
Payment for time associated with going from the employee’s local place of performance (official duty station) to a site other than the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.
Payment for time associated with returning from a site other than the employee’s local place of performance (official duty station) to the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.
e) No travel costs (or associated labor time during travel) shall be allowable for regular commuting or telecommuting beyond (or within) a 50-miles’ radius of the Contractor’s local place of performance (official duty station).
f) Costs when using a privately owned vehicle (POV) for official travel are allowable provided that such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train). Reasonable associated costs, such as tolls and parking fees, are also generally allowable.
g) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.
h) Costs for car rentals for official travel are allowable pursuant to the following:
Such rentals are consistent with good business practice;
Such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train); and Such costs do not exceed the actual cost of renting a compact automobile (maximum of one automobile for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and Contracting Officer approval is obtained.
Reasonable associated costs, such as tolls and parking fees, are also generally allowable.
i) The Government will pay the Contractor, under the applicable labor category CLIN(s), for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:
Payment of travel time described herein does not conflict with the Contractor’s established travel policy.
Travel time begins no earlier than two (2) hours prior to the scheduled departure time and concludes upon arrival to the initial destination point (e.g., airport) at the place of performance.
The Government will not pay for a Contractor employee’s time spent in layovers that are for the convenience of the Contractor employee or Contractor.
The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.
The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours.
The Government will not pay for a Contractor employee more than the number of hours in the employee’s normal workweek.
“Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).
“Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.
Exceptions must be authorized in advance and in writing by the Contracting Officer.
j) The following items concern passports and visas:
1. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have a current and valid U.S. passport. The Contractor shall be responsible for ensuring that all local national or third country national personnel who will be required to travel to the United States and foreign countries under this contract have a current and valid passport of their home country.
2. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries and the United States for local nationals and third country nationals under this contract.
3. The Contractor’s costs for obtaining and maintaining passports and/or visas will be generally allowable, but the Contractor shall pro-rate equitably such costs if they will benefit cost objectives (e.g., contracts) other than this cost objective.
4. The Government will not reimburse the Contractor for travel expenses when travel is cancelled or modified as a result of the Contractor’s failure to obtain a visa, and where the Government has determined that such failure is due to the action or inaction of the Contractor.
5. The Government will not reimburse the Contractor for the use of private visa procurement services provided by a third party unless prior written approval was obtained by the Contracting Officer. When requesting written approval, the Contractor shall submit a cost benefit analysis to the Contracting Officer.
k) Costs for travel that has been modified or cancelled are not allowable unless such modification or cancellation was caused by the Government or otherwise beyond the control of the Contractor.
l) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless an exception exists. If such conditions exist under a fixed-price arrangement (i.e., task order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service.
Inclusion of such costs in the awarded fixed-price is contingent upon Government acceptance of such explanation.
If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit with its voucher a memorandum explaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.
B-010 - Advance Understanding
a) At the delivery order level, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under firm-fixed-price arrangements), the Government will not reimburse costs for cost elements for which there were no estimated costs. Exceptions must be issued in writing by the Contracting Officer.
b) 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.
For example, the prior year local law required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10 per hour.
The changed local law increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour ($4.50 minus $4.10).
c) 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.
d) Where indirect cost rates are negotiated in the contract, such information will be used in each resulting delivery order, as specified in the contract, according to the Contractor’s fiscal year period.
e) Where labor rates are negotiated in the contract, such information will be used in each resulting task order, as specified in the contract, according to the contract’s effective period.
For example, if Contract Year 1 is September 1, 2019 through August 31, 2020, and Delivery Order Year 1 is December 1, 2019 thro ugh November 30, 2020, Contract Year 1’s pricing information will be used in the delivery order from December 1, 2019 through August 31, 2020, and Contract Year 2’s pricing information will be used for the remainder of Delivery Order Year 1 (from September 1, 2020 through November 30, 2020).
Consistent with the foregoing and for example, the Contractor, for a given task order period, may apply either: 1) the NTE or a discounted NTE fully-loaded hourly labor rate from the first contract period that covers the applicable delivery order period, and the second NTE or a discounted NTE fully-loaded hourly labor rate from the next contract period that covers the remaining applicable delivery order period; or 2) the NTE or a discounted NTE fully-loaded hourly labor rate from either contract period, but such rate shall not exceed both respective contract period’s NTE fully-loaded hourly labor rates.
f) If any delivery order period of performance exceeds the expiration date of the contract, the Government will pay the rates and percentages negotiated in the delivery order for such period. However, the Government will pay during such period any labor rates or prices that have been adjusted in accordance with any applicable terms contained in this contract.
e) Reserved
h) Delivery orders awarded under this contract may 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.
i) 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 contract-specif ied labor categories, travel, danger pay, post hardship differential pay, DBA insurance, program management, and contract deliverables.
j) All costs specifically identified with other final cost objectives (e.g., contracts) of the Contractor are direct costs of those cost objectives and shall not be charged under this contract directly or indirectly.
k) After direct costs have been determined and charged directly under this contract or other work, indirect costs are those remaining to be allocated to intermediate or two or more final cost objectives (e.g., contracts). This contract shall not have any cost allocated to it as an indirect cost if other costs incurred for the same purpose, in like circumstances, have been included as a direct cost of this contract or any other final cost objective.
l) This contract shall not have any cost allocated to it as a direct cost if other costs incurred for the same purpose in like circumstances have been included in any indirect cost pool that would be allocated to this contract or any other final cost objective.
m) Any direct costs associated with delivery order preparation are unallowable.
B-011 - 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.
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.
However, the Truthful Cost or Pricing Data statute may apply during contract performance when the Government contemplates an action for which an exception to the Contractor providing certified cost or pricing data does not apply (e.g., when negotiating a price estimated to exceed the certified cost or pricing data threshold for a new non-competitive task order, modification of a task order, or modification of the contract based on rate/cost/price information not previously negotiated in the contract or task order).
Pursuant to FAR 15.403-4(a)(1), the “threshold specified in the contract” for requiring the Contractor to provide certified cost or pricing data, when applicable, during contract performance is the threshold identified in the FAR edition, or any approved Department of State Deviation, effective at the time of the Government requiring the Contractor to provide certified cost or pricing data .
C-001 - Statement of Work
See Attachment 1 - Statement of Work (SOW)
D-005 - 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 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.
D-001 - 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).
D-003 - 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.
52.246-2 - Inspection of Supplies-Fixed-Price (Aug 1996)
(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contrac t and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall pr epare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made av ailable to the Government during contract performance and for as long afterwards as the contract requires. The Government may pe rform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations sha ll be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not reliev e the Contractor of the obligations under the contract.
(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and t imes, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test f or the benefit of the Contractor unless specifically set forth elsewhere in this contract.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, an d shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and conve nient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.
(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.
(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.
(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming whe n they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permi t correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance co rrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose t he corrective action taken.
(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule , the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.
(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--
(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and
(ii) When the supplies will be ready for Government inspection.
(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.
Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liabil ity on the Government, for nonconforming supplies.
(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contra ct requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amoun ting to fraud, or as otherwise provided in the contract.
(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's pl ant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the C ontractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contracto r fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconfo rmance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require c orrection or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the origi nal point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contr actor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer sp ecifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to th e Contractor the cost occasioned the Government thereby.
(End of clause)
E-002 - Inspection and Acceptance (FOB Destination)
Inspection and acceptance shall be made at destination by an authorized representative of the Government.
E-001 - 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 task orders.
(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.
E-003 - 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.
E-004 - Contractor Quality Assurance
The contractor shall institute and maintain an appropriate system of quality control, to be set forth in a Quality Assurance Plan. The Quality Assurance Plan shall be submitted to the CO and the COR no later than fourteen (14) 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 services, optimum USG satisfaction, and appropriate use/protection of USG facilities and assets. The plan shall include checklists of duties to be carried out by the supervisory staff and senior employees.
The contractor shall also conduct periodic inspections to determine whether the various services are being performed according to the contract. 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.
F-006 - Period of Performance
Base Year: May 2023 - May 2024 OY1: May 2024 - May 2025 OY2: May 2025 - May 2026 OY3: May 2026 - May 2027 OY4: May 2027 - May 2028
F-001 - Delivery Order Period of Performance
The period of performance for each task order placed under the IDIQ contract shall be specified in the individual delivery order. Un der 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 (exce pt 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.
F-002 - Place of Performance
There are no geographic limitations for delivery orders to be awarded under this contract. The Government expects the majority of de livery orders awarded under this contract to be performed within the United States, with requirements for international delivery, mainly to Western Hemisphere countries and to Mexico specifically.
Deliverables specified in a delivery order may be provided 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 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.
F-003 - IDIQ Effective Period
The effective period of this IDIQ contract, as described in FAR clause 52.216-22, is five (5) years from the date of contract award (consisting of 1 base year and 4 option years). 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).
F-004 - IDIQ Contract Deliverables
(a) While the Government has made an effort to highlight the most important deliverables associated with applicable FAR and DOSAR clauses, it has not included all of them in the “Data Deliverable Tables”. The Contractor shall provide all data deliverables and notifications required per the applicable FAR and DOSAR clauses irrespective of whether these are not listed in the “Data Delive rable Tables”. For example, while not listed, the Contractor must still provide notifications required per FAR 52.212-4, paragraph f.
(b) Unless otherwise identified below all contract-level deliverables must be submitted in English and in electronic format via email.
(c) The Government reserves the right to add additional data deliverables at the delivery order level. Deliverables may be required to be provided in a language other than English. Submittals may be required in other than electronic format.
(d) The Government will review each deliverable product and provide oral and written comments. The Contractor shall review and incorporate comments or implement directed changes no later than five (5) business days thereafter. This time period may be extended, at the sole discretion of the Government, by written approval of the Contracting Officer.
(e) All documentation and reports developed or provided by the contractor shall become the property of the U.S. Government. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way. All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract. The Government will reject all deliverables containing markings contradicting said clauses.
(f) Deliverables longer than 5 pages shall include a table of contents. Attachments, if any, shall include the attachment number, deliverable name and number, and contract number and delivery order number.
Data Deliverables Table Number Description Reference Frequency Distribution D-01 Written Code of
Business Ethics and Conduct
52.203-13 Within 30 days after contract award, unless the Contracting Officer establishes a longer time period.
CO
D-02 Reporting Executive Compensation and First- Tier Subcontract Awards
52.204-10 The end of the month following the month in which the prime Contractor awards any sub-contract greater than $25,000 into the FFATA Sub-Award Reporting System (FSRS)
Electronically via FSRS website and notify the CO of completion via email.
D-03 FAPIIS Reporting 52.209-9 Semi-Annually starting 6 months from the date of award of the IDIQ contract.
Electronically via SAM website and notify the CO of completion via email.
D-04 Combatting Trafficking in Persons Compliance Plan
52.222-50(h) No later than 15 days after award of the contract
CO and COR
D-05 Combatting Trafficking in Persons Annual Certification
52.222-50(h)(5) Annually CO and COR
G-002 - Contract Administration Data
Contracting Officer (CO): Mary DiAngelo Email: diangelome@state.gov
Contracting Officer Representative (COR): Added at contract award Email:
01INV - DEPARTMENT OF STATE INVOICE INSTRUCTIONS
Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.
To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
(1) Name and Address of the Contractor
(2) Dun and Bradstreet Universal Number System (DUNS)
(3) Date of invoice
(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (A mpersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.
(5) Remittance Contact Information
(6) Shipping Terms, Ship to Address
(7) Payment Terms
(8) Total Quantity of Items
(9) Total Invoice Amount
(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.
(11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.
IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:
(1) Description of the services rendered for each line item
(2) Line Item Quantity
(3) Line Item Unit Price
(4) Total Line Item Invoicing Amount
(5) Delivery Date
(6) Contract Line Item Number (CLIN)
(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.
All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the System for Award Management (SAM) should verify and re-confirm their financial information in the database prior to invoicing. Ve ndors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment addr ess on the invoice must match the remittance address in the vendor record cited in the award.
Additional correspondence should be addressed to:
Name:
U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address:
Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:
Director’s Secretary Voice 843-202-3761 Official Office Hours: 8:00 am – 5:00 pm To request Payment Status on a Past Due Invoice contact:
Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)
G-001 - Expanded Invoice Instructions
a) To constitute a proper invoice, the Contractor shall provide the following as an expansion to what is required under 01INV
(DEPARTMENT OF STATE INVOICE INSTRUCTIONS).
(b) The invoice shall contain all information required in other sections of this contract, including, when applicable, FAR 52.216-7 (All owable Cost and Payment) and FAR 52.232-7 (Payments under Time-and-Materials and Labor-Hour Contracts). The Contractor shall also comply with any specific invoicing instructions that may be incorporated in individual task orders.
(c) The invoice shall include a listing of each service and supply according to the CLIN and sub-CLIN structure identified in the contract and task order.
(d) The electronic copy of the invoice shall be provided in Microsoft Excel format with an Excel Workbook containing a Summary Sheet as well as supporting Detail Sheets. The CD and/or email shall contain the Microsoft Excel Workbook as well as .pdf files of all supporting documentation.
(e) The following are the requirements for the Summary Sheet:
1. Contract’s maximum quantity
2. Billed total for each CLIN
3. Contract-year-to-date billed
4. Contract-year-to-date paid by Government
5.…
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