SFSIAQ19Q6000.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19FS1A19Q6000

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/10/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Eric R. Modrak

b. TELEPHONE NUMBER (No collect calls) 703-746-2347

c. EMAIL modraker@state.gov

8. OFFER DUE DATE / LOCAL

TIME

05/03/2019 14:00:00

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611420

SIZE STANDARD: $11,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY

BUDGET OFC (FSI/EX/BUD)

FOREIGN SERVICE INSTITUTE

BUDGET & MANAGEMENT OFFICE

WASHINGTON, DC 29004

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 NO. 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 Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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: REF. 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

04/10/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19FS1A19Q6000

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 General Description B.2 Supplies & Services Required B.3 Type of Contract B.4 Services and Prices

C Descriptions/Specifications/Statement of Work C.1 Performance Work Statement C.2 Performance Metrics

E Inspection and Acceptance E.1 Inspection and Acceptance of Services E.2 The Role of Government Personnel and Responsibility for Contract Administration E.3 Quality Standards 52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

F Deliveries or Performance F.1 Period of Performance (on or about) F.2 Place of Performance F.3 Cancellation

G Contract Administration Data

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

FSI1 FSI INVOICING INSTRUCTIONS AND NON-PAYMENT FOR UNAUTHORIZED WORK 12

G.1 Technical Direction FSIBPA FSI Invoicing Instructions and Non-Payment for Unauthorized Work

H Special Contract Requirements H.1 Standards of Conduct H.2 Smoke Free Workplace Notice H.3 Removal from Duty H.4 Parking and Government Facility Entry H.5 Key Personnel H.6 Safeguarding of Information 52.212-4 Addendum 52.212-4 Alt I Contract Terms and Conditions--Commercial Items Addendum..17

I Contract Clauses

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FSI4 Contractor Self-Identification

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019) 52.217-8 Option to Extend Services (Nov 1999)

J List of Attachments J.1 Section J - List of Documents

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Aug 2018)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-1 Instructions to Offerors--Commercial Items (Oct 2018) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L.1 QUOTE PREPARATION INSTRUCTIONS

L.2 QUOTE PREPARATION INSTRUCTIONS, VOLUME I

L.3 QUOTE PREPARATION INSTRUCTIONS - TECHNICAL QUOTE- VOLUME II

L-3.1 FACTOR 1 Technical Approach L-3.2 FACTOR 2 Key Personnel L-3.3 FACTOR 3 Past Performance L-3.4 FACTOR 4 Oral Presentation L-005 Price Quote - Volume III

L-006 QUESTIONS REGARDING SOLICITATION

L-007 COMMUNICATIONS CONCERNING SOLICITATION

L.0 Addendum to: 52.212-1 Instructions to Offerors--Commercial Items

M Evaluation Factors for Award M.001 52.212-2 Evaluation - Commercial Items (Oct 2014)

M-002 BASIS FOR AWARD

A.1 Intent to Award

The government intends to award a single Blanket Purchase Agreement (BPA) award as a result of this solicitation.

001 "Personal Cybersecurity" Presentations

Fully Burdened Session Rate

BASE ORDERING PERIOD

0.00 EA

Doc Ref No:

Delivery Date (Start to End) Date FOB:

06/15/2019 to 06/14/2020

002 "Personal Cybersecurity" Presentations

Fully Burdened Session Rate

ORDERING PERIOD 1

0.00 EA

Doc Ref No:

Delivery Date (Start to End) Date FOB:

06/15/2020 to 06/14/2021

003 "Personal Cybersecurity" Presentations

Fully Burdened Session Rate

ORDERING PERIOD 2

0.00 EA

Doc Ref No:

Delivery Date (Start to End) Date FOB:

06/15/2021 to 06/14/2022

004 "Personal Cybersecurity" Presentations

Fully Burdened Session Rate

ORDERING PERIOD 3

0.00 EA

Doc Ref No:

Delivery Date (Start to End) Date FOB:

06/15/2022 to 06/14/2023

005 "Personal Cybersecurity" Presentations

Fully Burdened Session Rate

ORDERING PERIOD 4

0.00 EA

Doc Ref No:

Delivery Date (Start to End) Date FOB:

06/15/2023 to 06/14/2024

B.1 General Description

The Contractor shall perform the effort required under this Blanket Purchase Agreement (BPA) on a Firm Fixed Price (FFP) basis. The work shall be performed in accordance with this BPA. Individual Calls placed will be placed under this BPA.

B.2 Supplies & Services Required

19FS1A19Q6000

Line Item Summary

Solicitation Number:

19FS1A19Q6000

Contract Number: Title: Personal Cybersecurity Training (for TC/T SOS)

Date of Solicitation:

04/10/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

The Government will provide the following supplies: computer, projector, slide advancer, and microphones.

Session rates provided by the contractor shall be fully loaded and inclusive of all costs for which the contractor expects compensation, including travel to and from the primary and secondary places of performance.

The Contractor shall furnish all personnel, equipment, material, supplies, and services (except as may be ex-pressly set forth in this BPA as furnished by the Government) and otherwise do all things necessary for, or in-cidental to, the performance of work as described in Section C. Performance Work Statement.

B.3 Type of Contract

This solicitation and subsequent award(s) will be for Blanket Purchase Agreement(s) (BPA(s)) and will follow FAR Part 12- Acquisition of Commercial Items utilizing policies and procedures from FAR 13- Simplified Ac-quisition Procedures.

The total value of all orders placed under any resultant BPA award shall not exceed $150,000.

B.4 Services and Prices

The contractor shall provide a fully loaded firm-fixed price session rate A session is defined as 60 minutes, comprised of a 50 minutes presentation plus an additional 10 minutes of availabity for questions from the stu-dents afterwards. Additional information is found in the PWS, attached via Section J.

CLIN 1"Cybersecurity" Presentation delivery firm-fixed price Session Rate $_____________ Base Ordering Period (on or about June 15, 2019 to June 14, 2020)

CLIN 2 "Cybersecurity" Presentation delivery firm-fixed price Session Rate

$____________ Ordering Period 1 (on or about June 15, 2020 to June 14, 2021)

CLIN 3 "Cybersecurity" Presentation delivery firm-fixed price Session Rate

$_____________ Ordering Period 2 (on or about June 15, 2021 to June 14, 2022)

CLIN 4 "Cybersecurity" Presentation delivery firm-fixed price Session Rate

$_____________ Ordering Period 3 (on or about June 15, 2022 to June 14, 2023)

CLIN 5 "Cybersecurity" Presentation delivery firm-fixed price Session Rate

$_____________ Ordering Period 4 (on or about June 15, 2023 to June 14, 2024)

Section C- Descriptions/Specifications/Statement of Work

C.1 Performance Work Statement

Services shall be performed in accordance with Performance Work Statement incorporated into this BPA as an attachment via section J. See Attachment 3 in Section J.

C.2 Performance Metrics

1. Performance Metrics - Contractor Evaluation The awarded BPA and subsequent BPA calls will be closely monitored by the COR(s)/ACOR(s) and GTM(s) throughout the entire period of performance and will be reported on at minimum one time annually at the con-clusion of each ordering period. The evaluation will be shared wiht the contractor. The evaluation contents will be considered in determining if additional BPA calls are issued.

The performance metrics, by which the contractor company will be evaluated, including the the contractor com-pany's adherence to the PWS requirements, are included below.

2. Performance Metrics - Evaluation Ratings and Definitions The Contractor must be considered successful in fulfilling the contract requirements in order to continue to be considered for future opportunities. To be considered successful the Contractor must receive a minimum of Sat-isfactory in all Evaluation Areas. Performance will be rated as follows:

Excellent: Cybersecurity Presenter routinely demonstrates outstanding understanding of cybersecurity session requirements and significantly exceeds performance standards. Cybersecurity Presenter has exceptional strengths that significantly benefit the Government.

Very Good: Cybersecurity Presenter demonstrates very good understanding of cybersecurity session require-ments and exceeds performance standards. Cybersecurity Presenter has one or more strengths benefit the Gov-ernment.

Satisfactory: Cybersecurity Presenter demonstrates acceptable understanding of cybersecurity session require-ments and has an approach that meets performance standards. Cybersecurity Presenter is an acceptable solu-tion.

Marginal: Performance does not meet some contractual requirements. The contractual performance of the ele-ment or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The Contractor’s proposed actions appear only marginally effective or were not fully imple-mented. Facilitator(s) demonstrates a shallow understanding of program requirements, and does not meet per-formance standards.

Unsatisfactory: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the Contractor’s corrective actions appear or were ineffective. Facilitator(s) routinely fails to demon-strate an understanding of program requirements.

3. Performance Metrics - Evaluation Areas For each of the Evaluation Areas below, performance will be rated and evaluated using, but not limited to, the following considerations:

Quality:

The Contractor and the Cybersecurity Presenter must adhere to the requirements as outlined in the BPA and fa-cilitate a high quality educational session reflecting up-to-date techniques. Multiple measurements will be used to formulate a rating including student feedback, observations of Transition Center and relevant security person-nel from Department of State, as well as those of the COR/GTM.

Each presenter is evaluated by participants in the course who receive a standardized electronic survey, created by the Transition Center’s Training Division staff in keeping with FSI training and evaluation standards. Sur-vey data and comments are shared with each presenter within two weeks after each presentation. Surveys and one reminder message are sent to the entire class via email. At the end of the period of performance, the data collected via surveys over the period of performance is used in making decisions regarding future needs and dir-ection of the course.

Schedule/Timeliness of Performance:

The Contractor amust adhere to session time parameters and respond to program coordination emails within 24 hours. The rating will be formulated by the COR/GTM based on his/her observation and input from the Secur-ity Overseas Seminar coordination team.

Management/Business Relations/Customer Satisfaction:

The Contractor and the Personal Cybersecurtiy Presenter must provide effective customer service to the intern-al FSI clients of this contract COR/GTM, Transition Center staff and students - per their duties in the PWS.

There is an expectation that the Contractor will listen to the feedback provided by the COR/GTM and actively take steps to align with the needs of the government as outlined in the PWS, including being responsive on feedback provided to/for the Presenter. The COR/GTM will use his/her expertise and general observance of in-teractions and customer service with FSI staff, and students. The rating will be formulated by the COR/GTM based on his/her observation and input from the Security Overseas Seminar coordination team.

Key Personnel:

*This evaluation area is not applicable for sole proprietor firms*

The COR will assess the contractor's performance in selecting, retaining, supporting, and replacing, when ne-cessary, key personnel Presenters.

Additional considerations:

• How well did the contractor match the qualifications of the key position, as described in the contract/order, with the person who filled the key position?

• Was the Key Personnel responsive in addressing performance feedback for individual instructors?

• Did the contractor support key personnel so they were able to work effectively?

• If a key person did not perform well, what action was taken by the contractor to correct this?

• If a replacement of a key person was necessary, did the replacement meet or exceed the qualifications of the position as described in the contract or order schedule?

Section E- Inspection and Acceptance

E.1 Inspection and Acceptance of Services

The Contracting Officer’s Representative (or the ACOR in the COR’s absence) shall make inspection and ac-ceptance of the services to be provided hereunder. GTMs cannot accept services, but can advise the COR appro-priately.

The Government has the right to inspect and approve all services called for in orders issued under the BPA.

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 place no additional or-ders and/or terminate the BPA.

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

*Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or devi-ate 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 mat-ters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

*Contracting Officer’s Representative (COR): The COR is responsible for promptly notifying the Contract-ing Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority;

using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered.

The COR will be responsible for technical direction, reviewing and approving contractor work plans, assessing contractor progress against work plans, receipt and acceptance of contract deliverables, reviewing and approv-ing invoices. The COR is also responsible for keeping the CO informed of any issues affecting contractor’s per-formance 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):

Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities. The re-sponsibilities of the GTM include, but are not limited to: monitoring and inspecting the Contractor's progress and performance; evaluating contractor performance with the terms and conditions of this contract; acting as the Government's representative at the work site; advising the contractor of proposed deductions for nonperform-ance or unsatisfactory performance; preparing receiving reports; and advising the COR of any factors which may cause delay in work performance.

E.3 Quality Standards

All services performed under BPA calls issued from this BPA shall be of the highest quality standards, consist-ent with best industry practices, to assure timely provision of services, optimum Department of State customer satisfaction, and adequate protection of Government assets.

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

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

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contract-or to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defects in services cannot be corrected by reperformance, the Government may--

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

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

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

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

(2) Terminate the contract for default.

(End of clause)

Section F- Deliveries or Performance

F.1 Period of Performance (on or about)

BPA award will be for a one-year base ordering period and four additional one-year ordering periods.

Anticpated dates are as follows:

Base Ordering Period: June 15, 2019 through June 14, 2020 Ordering Period 1: June 15, 2020 through June 14, 2021 Ordering Period 2: June 15, 2021 through June 14, 2022 Ordering Period 3: June 15, 2022 through June 14, 2023 Ordering Period 4: June 15, 2023 through June 14, 2024

Actual ordering periods will be finalized at BPA award. Actual BPA calls issued hereunder will contain specif-ic dates.

F.2 Place of Performance

Primary Place of Performance:

U.S. Department of State, Building Annex SA-42 George P. Shultz National Foreign Affairs Training Center 4000 Arlington Boulevard Arlington, VA 22204

Secondary Location:

FSI Rosslyn Campus

1200 Wilson Blvd.

Travel costs to and from the primary and secondary place of performance are not direct reimbursements that are separately billed.

If Government requests course delivery at a location other than the primary or secondary, it will be agreed upon prior to issuing a BPA Call, and is subject to the travel language in Section G.

F.3 Cancellation

Should the Government’s needs change and the sessions offered via BPA calls are no longer required, individu-al sessions may be cancelled. In the event of a cancellation, every effort will be made to give the Contractor a notice of 5 business days prior to the scheduled beginning of performance. In the event of cancellation, the con-tractor will only be paid for actual documented costs incurred in the performance of services in preparation for delivery of the session. In the case of postponement of sessions, the contractor will be reimbursed only actual documented costs that cannot be deferred until the rescheduled session(s).

Section G- Contract Administration Data

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 posi-tion 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, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR, ACOR(s), and GTM(s) will be designated by name per individual BPA call issued under this BPA. In addition, a COR will be delegated for the overall BPA.

(End of clause)

FSI1 FSI INVOICING INSTRUCTIONS AND NON-PAYMENT FOR UNAUTHORIZED WORK

Non-Payment for Unauthorized Work

The Government shall not be obligated to pay the Contractor any amount in excess of the total contract funded amount.

The contractor shall not perform work outside the period of performance unless a modification is issued by a Contracting Officer.

An unauthorized commitment is an agreement/change in the level or quantity of services being provided, that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement/change on behalf of the Federal Government.

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 Contracting Officer. Only a duly appointed Contracting Officer is au-thorized to change the specifications, terms, and/or conditions of this contract.

Personnel without procurement authority who order supplies or services, who attempt to change the terms and conditions of an existing contract, or who commit the Government to pay the contractor for anything received, may be referred for disciplinary action and may also be liable for payment.

FSI Invoicing Instructions

Contractor shall submit invoice to one of the following addresses:

FSIPayable@state.gov (Please request a receipt confirmation)

Or

Department of State Foreign Service Institute Washington, D. C. 20522-4201 ATTN: Office of Budget and Management

The invoice must include the following information:

* Contractor name and address to which payment is to be made;

* DUNS number;

* Contract number in Block 2 (if any);

* Order number in Block 3;

* Requisition/Reference number in Block 4 (if any);

* Ordering office in Block 10;

* Amount owed by FSI;

* Time payment discount, even if 'net';

* Itemized billing;

* Unique vendor invoice number;

* Contact name and telephone number;

* Invoice date;

* Description, price, and quantity of goods/services;

* Date of period of performance (rendered services), delivery and/or shipment of goods.

Failure to submit an invoice with all required information will result in invoice being returned for proper sub-mission. The resubmitted invoice should state the resubmitted date not the original invoice date.

Please cite the contract number, if any (Block 2), the order number (Block 3), and the Requisition/Reference number (Block 4) in all correspondence.

Payment will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the desig-nated office, or (2) the date the services are accepted by the Government.

(end of clause)

G.1 Technical Direction

Guidance and specific direction in carrying out the stated requirements within the context of FSI will be provided by the COR, ACOR, or GTM (to be identified when the contract is awarded) on an ongoing basis.

Contractor personnel will be expected to carry out 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.

FSIBPA FSI Invoicing Instructions and Non-Payment for Unauthorized Work

FSIBPA: Non-Payment for Unauthorized Work

This is a Blanket Purchase Agreement. No services shall be provided by the contractor without a funded BPA Call issued by a Foreign Service Institute (FSI) 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 BPA Call funded amount.

The contractor shall not perform any service(s) outside the period of performance of the BPA or BPA Call un-less a written modification is issued by an FSI 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 re-quest of an individual other than a duly appointed FSI Contracting Officer. Only a duly appointed Contracting Officer is authorized to issue a BPA Call or change the specifications, terms, and/or conditions of this contract.

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

FSI Invoicing Instructions

Contractor shall submit invoice to one of the following addresses:

FSIPayable@state.gov (Please request a receipt confirmation)

Or

Department of State Foreign Service Institute Washington, D. C. 20522-4201 ATTN: Office of Budget and Management

The invoice must include the following information:

* Contractor name and address to which payment is to be made;

* DUNS number;

* Contract number in Block 2 (if any);

* Order number in Block 3;

* Requisition/Reference number in Block 4 (if any);

* Ordering office in Block 10;

* Amount owed by FSI;

* Time payment discount, even if 'net';

* Itemized billing;

* Unique vendor invoice number;

* Contact name and telephone number;

* Invoice date;

* Description, price, and quantity of goods/services;

* Date of period of performance (rendered services), delivery and/or shipment of goods.

Failure to submit an invoice with all required information will result in invoice being returned for proper sub-mission. The resubmitted invoice should state the resubmitted date not the original invoice date.

Please cite the contract number, if any (Block 2), the order number (Block 3), and the Requisition/Reference number (Block 4) in all correspondence.

Payment will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the desig-nated office, or (2) the date the services are accepted by the Government.

(end of clause)

Section H- Special Contract Requirements

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 re-quirements 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 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 employ-ees and its subcontractor’s employees.

If the Contracting Officer determines that continued performance under this contract by any Contractor or sub-contractor 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 in-volved with prostitution or trafficking persons, any involvement with the soliciting of persons for the purpose of engaging in sexual acts and any participation in sexual activity in exchange for any monetary or non-monetary form of consideration asdescribed in FAR 52.222-50.

H.2 Smoke Free Workplace Notice

(a) The Department of State has been designated a smoke free workplace.

(b) Definitions: “Smoking” means a lighted cigar, cigarette, pipe or other tobacco product. “Smoking areas” means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Shultz Center complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented, or leased vehicles.

(d) Policy: It is the policy of the Department of State to promote a healthy environment. Accordingly, the De-partment has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effect-ive August 1, 1993.

H.3 Removal from Duty

The Government may direct that a contractor be removed immediately from the work site(s) should it be de-termined 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 re-cords, 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;

*Theft, vandalism, or any other criminal actions;

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

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance

The Contractor shall be responsible for maintaining satisfactory standards of con- duct and integrity. The Con-tracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

H.4 Parking and Government Facility Entry

All parking and government facility entry requirements will be given to the awarded contractor and updated as Department and Bureau policy is issued. Contractors shall obey all motor traffic regulations, posted speed limit and stop signs, designated drop off locations and parking rules. Contractors shall follow all gate identification and entry requirements.

H.5 Key Personnel

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

Cybersecurity Presenter

[ENTER LABOR CATEGORIES AND NAMES]

[Names to be inserted by Offeror at time of proposal submission.]

(2) The Contractor agrees that a partial basis for award of this contract is the list of key personnel pro-posed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were sub-mitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of per-formance, 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 Contract-ing Officer shall be notified in writing of any proposed substitution at least thirty days in advance of the pro-posed substitution. Such notification shall include:

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

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

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

(end of clause)

H.6 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 has not been made public, except in the necessary per-formance 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 per-formed under this contract shall be published or disseminated through any media without the prior written au-thorization 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.

52.212-4 Addendum 52.212-4 Alt I Contract Terms and Conditions--Commercial Items Addendum

The clause 52.212-4 Contract Terms and Conditions--Commercial Items is tailored in the following manner:

(c) Changes Unitateral within scope change orders (including de-obligations of unliquidated funding after the end perform-ance) are permitted per the terms of 52.243-3:

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(5) Method of shipment or packing of supplies.

(6) Place of delivery.

(7) Amount of Government-furnished property.

(b) If any change causes an increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise af-fects any other terms and conditions of this contract, the Contracting Officer will make an equitable adjustment in any one or more of the following and will modify the contract accordingly:

(1) Ceiling price.

(2) Hourly rates.

(3) Delivery schedule.

(4) Other affected terms.

(c) The Contractor shall assert its right to an adjustment under this clause within 30 days from the date of re-ceipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment will be a dispute under the Disputes clause. However, nothing in this clause excuses the Contractor from proceeding with the contract as changed.

(End of clause)

Section I- Contract Clauses

Clause Title

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FSI4 Contractor Self-Identification

All contractor personnel attending meetings, answering Government telephones, and/or working in other situations where their con-tractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel or Congress that they are 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 Of-ficer.

At no time will any contractor utilize letterhead for any correspondence between the contractor and any other entity depicting or intim-ating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation. Ex-ample: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND PROCEDURES (FEB 2015)

a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcon-tracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or in-formation systems.

(b) The DOS Personal Identification Card Policy and Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing…