19GE5022R0016 0001.pdf

19GE5022R0016

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

02/18/2022

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

FRANKCODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

David D. Machen

NAME

TEL.

machendd@state.gov

EMAIL

6. ISSUED BY OPEAQMCODE

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19GE5022R0016

CONTACT: DUNS:

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

01/24/2022

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

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

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this amendment is to:

A. Make changes to the RFP as outlined in the Summary of Changes at A.1, and

B. Extend the Proposal Due Date to Tuesday, March 8, 2022 at 15:00 CET.

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

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

Eric N. Moore

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

02/18/2022

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

Table of Contents

Section Description Page Number

A Solicitation/Contract Form A.1 Description of Amendment/Modification

B Supplies or Services and Prices/Costs

1. SERVICES AND PRICES

1.5 VALUE ADDED TAX

1.6 CONTRACT MINIMUM AND CEILING

C Descriptions/Specifications/Statement of Work

2. PERFORMANCE WORK STATEMENT

D Packaging and Marking

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

2015)

I Contract Clauses 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-4 Alt I Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) - Alternate I (Nov 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022) 52.216-18 Ordering (Aug 2020) 52.229-12 Tax on Certain Foreign Procurements (Feb 2021)

K Representations, Certifications, and Other Statements of Offerors or Respondents

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS - NOTICE AND REPRESENTATION

(JUN 2020)

K.1 CONTRACTOR RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs)

REPRESENTATION

L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Addendum Instructions to Offerors

M Evaluation Factors for Award

52.212-2 EVALUATION - COMMERCIAL ITEMS

Section A - Solicitation/Contract Form

A.1 - Description of Amendment/Modification

Changed the performance dates on all CLINS to begin on April 1st, Changed the text of CLIN 0001, 0002, 1001, 1002, 2001, and 2002 to reflect that overtime applies to hours worked in excess of 8 hours per day or 48 hours per week, Corrected para. 1.5.2 to refer to the possession of a Saudi Arabian VAT registration number, Removed the reference to "Euros" in para. 1.6, Added para. 2.5.2 to state that mobile phones will be issued as Government Issued Equipment, as necessary, Modified para. 2.9.4 and 2.95 to remove the sentence about Government vetting of language specialists, Removed "mobile telephones use fees and charges" from 52.212-4 Alt I (i)(ii)(D)(1) Other Direct Costs, Removed provision 52.229-11 and clause 52.229-12 regarding Tax on Certain Foreign Procurements, Removed in Instructions to Offerors the requirement to submit an IRS W-14 with the Price Offer, Added para. d), e), and f) in the Technical Proposal's Management Plan;

Removed para. b) from the Technical Propoasl's Past Performance Information;

Line Item Summary

Solicitation Number:

19GE5022R0016

Contract Number: Title: Riyadh - ICITAP Interpreter Support

Date of Solicitation:

02/18/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLINS 0001 THRU 0005

BASE YEAR

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2022 to 03/31/2023

1.00 0.00 1.00

EA

002 CLINS 1001 THRU 1005

FIRST OPTION YEAR

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2023 to 03/31/2024

1.00 0.00 1.00

EA

003 CLINS 2001 THRU 2005

SECOND OPTION YEAR

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2024 to 03/31/2025

1.00 0.00 1.00

EA

1. - SERVICES AND PRICES

1.1 SERVICES

The contractor shall perform legal services, as described in the Section 2 (Performance Work Statement) of this contract.

The price listed below shall include all labor, insurance, overhead, and profit. The U.S. Government (hereafter referred to as the Government or USG) will pay the Contractor a fixed, hourly rate for services satisfactorily performed under this contract.

1.2. TYPE OF CONTRACT

This is a labor-hour, requirements type contract payable entirely in the currency indicated by the Contractor in Sub-Section 1.4.

1.3 PERIOD OF PERFORMANCE

The performance period of this contract is from the date of contract award and continues for 12 months, with two (2) one-year option periods.

1.4 CONTRACT PRICE

The hourly rates expressed in this contract are fixed and shall not be adjusted on account of any escalation in the cost of materials, equipment or labor. The rates provided shall be fully burdened hourly rates that shall include all direct and indirect costs, insurance, overhead, general and administrative expense, and profit.

1.4.1 Cost Reimbursable Line Items

The contract line items for OTHER DIRECT COSTS (0002, 1002, 2002, 3002, and 4002) are cost reimbursable line items. Offerors shall include the amount listed for these line items in the tables found in paragraph 1.4.2.1 thru 1.4.2.5 in their price proposal. These amounts can be later adjusted through mutual consent of both parties based on the actual contract performance requirements. The contractor shall not exceed each line items ceiling amount, but at its own risk.

1.4.2 Total Contract Price

The Contractor shall provide the services for the base period of the contract at the pricing shown in the price table at 1.4.1 and any option years exercised by the Government.

The pricing of each Contract Line Item of the schedule constitute a ceiling amount. The contractor shall not exceed this ceiling, except at the contractor's own risk.

1.4.2.1 Base Year Period

Line Item: unit Unit Price maximum estimated quantity

Total

CLIN 0001 Language and Administrative Services, Normal Hours in accordance with the terms in the Performance Work Statement, work performed up to 8 (eight) hours per day, and up to 48 (forty-eight) hours per week.

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Hour 19,360

CLIN 0002 Language and Administrative Services, Other Than Normal Duty Hours in accordance with the terms in the Performance Work Statement, work performed in excess of 8 (eight) hours per day, or in excess of 48 (forty-eight) hours per calendar week..

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Hour 2,000

CLIN 0003 Other Direct Costs Other direct costs as required to support service provided under CLIN 0001, and as allowable in accordance with clause 52.212-4 Alt I (i)(ii)(D) (1);

The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Lump Sum $200,000 1 $200,000

CLIN 0004 DBA

Insurance

Lump Sum 1

CLIN 0005 Value Added Tax (15% VAT) (as applicable)

TOTAL

BASE YEAR PERIOD

1.4.2.2 First Option Year Period

Line Item: unit Unit Price maximum estimated quantity

Total

CLIN 1001 Language and Administrative Services, Normal Hours in accordance with the terms in the Performance Work Statement, work performed up to 8 (eight) hours per day, and up to

Hour 19,360

48 (forty-eight) hours per week.

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

CLIN 1002 Language and Administrative Services, Other Than Normal Duty Hours in accordance with the terms in the Performance Work Statement, work performed in excess of 8 (eight) hours per day, or in excess of 48 (forty-eight) hours per calendar week.

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Hour 2,000

CLIN 1003 Other Direct Costs Other direct costs as required to support services under CLIN 1001, and as allowable in accordance with clause 52.212-4 Alt I (i)(ii)(D) (1);

The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Lump Sum $200,000 1 $200,000

CLIN 1004 DBA

Insurance

Lump Sum 1

CLIN 1005 Value Added Tax (15% VAT)

FIRST OPTION YEAR

PERIOD

1.4.2.3 Second Option Year Period

Line Item: unit Unit Price maximum estimated quantity

Total

CLIN 2001 Language and Administrative Services, Normal Hours in accordance with the terms in the Performance Work Statement, work performed up to 8 (eight) hours per day, and up to 48 (forty-eight) hours per week.

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Hour 19,360

CLIN 2002 Language and Administrative Services, Other Than Normal Duty Hours in accordance with the terms in the Performance Work Statement, work performed in excess of 8 (eight) hours per day, or in excess of 48 (forty-eight) hours per calendar week.

This is a fixed hourly rate that shall include any and all wages, overhead, general, and administrative expenses, and profit. The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Hour 2,000

CLIN 2003 Other Direct Costs Other direct costs as required to support services under CLIN 2001, and as allowable in accordance with clause 52.212-4 Alt I (i)(ii)(D) (1);

The price of this line item is a ceiling price that the contractor shall not exceed, but at its own risk.

Lump Sum $200,000 1 $200,000

CLIN 2004 DBA

Insurance

Lump Sum 1

CLIN 2005 Value Added Tax (15% VAT)

SECOND OPTION

YEAR PERIOD

GRAND TOTAL:

BASE YEAR TOTAL

FIRST OPTION YEAR TOTAL

SECOND OPTION YEAR TOTAL

GRAND TOTAL (BASE + OPTION YEARS)

CURRENCY: The prices are stated in _________________________(please insert the currency of the offer).

The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offeror's proposal, unless otherwise specified by the Contracting Officer.

1.5 - VALUE ADDED TAX

1.5.1 Contractors shall be responsible, wherever applicable, to pay the appropriate rate of Goods and Services, as required for all taxable goods and services. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B.

1.5.2 Local Saudi Arabian Contractors (Operating from a business address within the country):

The Contractor will be reimbursed for VAT only to the extent that the contractor provides documentary proof that VAT has been paid to the host government against a valid Saudi Arabian VAT registration number.

1.5.3 International non-Saudi Arabian Contractors:

The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT payments have been made to either the host government and/or suppliers/subcontractors.

1.5.4 Any refund of VAT to the Contractor shall be paid to the Government to the extent the Government reimbursed the contractor for the VAT payment.

1.5.5 Value Added Tax shall also be reflected as a separate cost item on all invoices submitted under the resulting contract.

1.5.6 Value Added Tax is a Price Evaluation Factor. See also provision 52.212-2 Basis for Award.

1.6 - CONTRACT MINIMUM AND CEILING

During the entire period of the contract, the Government shall order, as a minimum, services in an amount of at least $50,000. The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above this guaranteed minimum.

The maximum dollar value all task orders is (to be determined at time of award).

Section C - Descriptions/Specifications/Statement of Work

2. - PERFORMANCE WORK STATEMENT

2.1. GENERAL

The Contractor shall provide up to 11 personnel on a full-time basis during the period of performance capable of serving as interpreters, translators, and administrative assistants, and who can provide advice and recommendations relative to Saudi customs, protocols, and cultural matters. The required tasks include the following:

2.1.1 Translate written documents or other materials from Arabic to English. Such documents or materials will generally be less than 10 pages. Larger documents and course materials will normally be submitted for formal translation using other OPM-MOI resources or contracts, however, time permitting, occasional translation of longer documents may be necessary.

2.1.2 Interpret spoken English or Arabic into the other language in a variety of settings which may include, but are not limited to, meetings between two or more OPM-MOI team members and other American or Saudi interlocutors.

2.1.3 Perform basic administrative and clerical tasks, including but not limited to answering and directing phone calls, filing, record keeping, note taking, scheduling meetings, preparing written communication in both English and Arabic, manage office supplies, arrange travel, assist with preparation of reports, manage classroom logistics, and other related tasks as may be required.

2.1.4 Take written notes, in English, at meetings and events as may be required.

2.1.5 Prepare a written summary of conversations following meetings or events, as may be required.

2.1.6 OPM-MOI expects these personnel to be full-time positions, consistently staffed by the same individuals, and dedicated entirely to the OPM-MOI SFSP program. OPM-MOI will submit a task order indicating the initial and additional optional periods of performance for each of the positions is to be staffed. The maximum requirement under this agreement is 11 positions.

2.2. SECURITY CLEARANCES

The Saudi Ministry of Interior (MOI) and/or the State Security Presidency may require security clearances and the U.S. Embassy may require background investigation of Contractor staff to gain access to Saudi Government or Embassy facilities for each task under this contract. In cases of such requirements, the Contractor shall complete the necessary actions to obtain such clearances or access before its interpreters will be permitted such access.

2.3 PLACE OF PERFORMANCE/LOCATIONS

2.3.1. The primary location for performance of duties will be at one or more Saudi Government facilities, initially at OPM-MOI’s Building 81 inside the Diplomatic Quarter in Riyadh. Remote/teleworking shall not be authorized on this contract. Travel to alternate locations inside the Kingdom is likely when OPM-MOI staff must meet with Saudi interlocuters or prepare for or execute delivery of training courses. In such cases, travel will be in accordance with the Federal Travel Regulations of the United States.

2.3.3. Transportation. The Contractor is responsible for transportation to and from all locations and events in the Riyadh area (defined to be within 50 miles (80 km) of the center of Riyadh), unless the Contracting Officer's Representative (COR) specifies otherwise in writing. If assignments are at locations more than 50 miles (80 km) outside of Riyadh, the Government may at its option provide transportation or request the Contractor to provide transportation in accordance with paragraph C.19. Reimbursable travel shall only be allowed for travel originating from the contract's place of performance (Riyadh) to the temporary duty location outside of Riyadh. Lodging and meal expenses shall not exceed the per diem rate specified at US Department of State Foreign Per Diem Rates table found at https://aoprals.state.gov/web920/per_diem.asp. Travel expenses shall be payable under CLIN 0002, 1002, and 2002, at a cost reimbursement basis, but shall not exceed the amount specified on each respective task order.

2.4 ADMINISTRATIVE RECORDS

The Contractor shall maintain administrative files, which shall include, at a minimum, time and attendance records for all employees furnished under the contract. The COR is authorized to examine the Contractor's administrative files. The Contractor shall maintain and the COR may review daily time and attendance records.

2.5 GOVERNMENT-FURNISHED EQUIPMENT, BADGE, KEYS, AND FACILITIES

2.5.1 For Contractor staff who regularly perform duties under this contract in Government facilities in KSA and who have MOI and/ or SSP clearance, OPM-MOI may provide a badge, with COR approval and at the Government's discretion, that will allow access to OPM-MOI’s Building 81 in the Diplomatic Quarter.

2.5.2 The Governement shall provide mobile telephones, as the Government deems necessary, to some, or all, of the language specialists.

2.6 TASK ORDERS

The Contracting Officer will issue task orders to the Contractor to perform any work under this contract.

2.7 TRANSLATED DOCUMENTS:

Translated documents may not be published on any website. All source and translated documents are the property of the Government and shall not be distributed or used for any purpose except for that which is expressly authorized by the OPM-MOI.

2.8 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory Contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Failure to comply with the performance thresholds indicated below will be grounds for terminating this contract. The Contracting Officer may, at his or her option, require the Contractor to take corrective action prior to determining that the contract will be terminated.

Performance Objective PWS Paragraph Performance Threshold

Translation of documents from English to Gulf Arabic

2.1.1

Error-free and containing no typos in the written target language

Interpretation Support

2.1.2

- Qualified and cleared interpreters shall report for duty on the date and times, at the locations,

- No greater than 5% error rate per month

Administrative Support

2.1.3

No more than 2 complaints per month

2.8.1 Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided.

If appropriate, the COR will send the complaints to the Contractor for corrective action.

2.8.2 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

2.8.3. Procedures

If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

The COR will complete appropriate documentation to record the complaint.

If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

The COR will consider complaints as resolved unless notified otherwise by the complainant.

Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

2.9 CONTRACTOR AND KEY PERSONNEL / QUALIFICATIONS AND CAPABILITIES

2.9.1 CONTRACTOR QUALIFICATIONS

The contractor shall have sufficient human resources (availability of interpreters and translators) and organizational capabilities to be able to ensure adequate and smooth fulfilment of the volume of the services as required by this contract.

2.9.2 KEY PERSONNEL / QUALIFICATIONS AND CAPABILITIES

Key personnel under this contract are:

Contractor's Project Manager – the contractor shall provide a project manager who shall be responsible for the administration, supervision, and coordination of the contractor’s Government operations. The Project Manager shall have extensive experience in the management of translating and interpreting services. He/she is to be considered the Contractor's POC for the Government. This person may be one of the language specialists performing language and administrative support under this contract, but if not, the direct and indirect costs for this position shall be borne on the fixed hourly rate.

Language Specialists – for the performance of the services under this contract, the contractor shall assign the number of language specialists it considers necessary to meet the Government's requirement, as specified on individual task orders.

2.9.3 EDUCATION / QUALIFICATIONS. Language specialist working under this contract shall have the following qualifications:

2.9.3.1 Saudi Citizenship,

2.9.3.2 Fluent in both written and spoken United States style of English. Language Proficiency: (Advanced or Level IV equivalent)

Level IV+ English: Professional translation ability in English and Arabic, Level IV+ Arabic: Professional translation ability in English and Arabic, The Interagency Language Roundtable (ILR) skill level descriptions shall be used to define the language skills of individual translators and interpreters. (http://govtilr.org)

2.9.3.3 Translation Bachelor’s Degree or two years of college with no less than four years of relevant experience. If no college, then six years’ experience required, C.9.3.4 The applicant must have two to six years of progressively responsible experience in translation, interpretation and/or language training in English and Arabic,

2.9.3.5 Ability to satisfactorily pass a translation and interpretation skills test,

2.9.3.6 Successfully pass an interview with a panel of potential team members and other evaluators,

2.9.3.7 Proficiency using Microsoft Word and Excel

2.9.3.8 Ability to generate written reports with minimal grammatical errors,

2.9.3.9 Must be able to travel occasionally out of the Riyadh area for periods of up to one month at a time,

2.9.3.10 Able to occasionally work a flexible work schedule

2.9.3.11 Possess good interpersonal skills and the ability to read non-verbal communications,

2.9.3.12 Must be emotionally mature and able to adapt to a quickly changing environment and work requirements,

2.9.3.13 Able to work as an active team member in close cooperation and collaboration with an American advisor and the personnel of the Special Forces for Security and Protection (SFSP),

2.9.3.14 Must be self-motivated with the ability to proactively identify potential issues and offer solutions, and

2.9.3.15 Experience with simultaneous translations is desirable.

2.9.4 Prospective language specialists may be interviewed by the Government, as the Government deems necessary.

2.9.5 The Contractor shall notify the Government, to the best of the Contractor's ability, no less than 14 days prior to changing language specialists.

2.9.6 The Government shall permit the contractor to grant personal leave to its assigned language specialists, but the Government will pay only for actual hours worked. The Contractor shall not allow more than 25% of the language specialist to be on leave simultaneously.

2.10 STANDARDS OF CONDUCT

2.10.1 General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

2.10.2 Uniforms. The Contractor's employees shall wear clean and neat attire. Either Saudi national or Western office attire shall be acceptable.

2.10.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

2.10.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

2.10.5 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances.

These include but are not limited to the following actions:

-- Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records, -- Unauthorized use of Government property, theft, vandalism, or immoral conduct, -- Unethical or improper use of official authority or credentials, -- Security violations, or, -- Organizing or participating in gambling in any form.

2.10.6 Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personnel affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the work site security.

2.11 PERSONNEL HEALTH REQUIREMENTS

2.11.1 All employees shall be in good general health without physical disabilities that would interfere with acceptable performance of their duties. All employees shall be free from communicable diseases.

2.11.2 All employees working under this contract shall be in full compliance with US Embassy Riyadh and any local KSA COVID-19 regulations, to include, but not limited to, COVID-19 testing and immunization requirements.

2.12 LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

2.12.1 Bonds. The Government imposes no bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

2.12.2 Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

2.12.3 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

2.12.4 Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability

(1) Bodily Injury, On or Off the Site, in US Dollars Per Occurrence 500,000 USD Cumulative 500,000 USD (2) Property Damage, On or Off the Site, in US Dollars Per Occurrence 500,000 USD Cumulative 500,000 USD

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

For those Contractor employees assigned to this contract who are either United States citizens or hired in the United States or its possessions, the Contractor shall provide workers' compensation insurance in accordance with FAR 52.228-3.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

Any property of the Contractor, Its officers, Agents, Servants, Employees, or Any other person, arising from, and incidental to, the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

2.12.5 Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

2.12.6 Workers' Compensation and Employer's Liability. See paragraph C.20 DEFENSE BASE ACT (DBA) INSURANCE

2.12.7 Employer's Liability. As required by host country law

2.13 CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before it is effective. When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval.

2.14 DEFINITIONS

"Calendar Day" means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.

"Government" means the Government of the United States of America unless specifically stated otherwise.

"Normal Duty Hours" means an 8-hour period between the hours of 07:00 and 18:00 (local time) during the work week of Sunday through Thursday (excluding holidays as defined at 652.237-72, Observance of Legal Holidays and Administrative Leave.

"Services" means the services performed, workmanship, and material furnished or utilized in the performance of the services.

2.15 REIMBURSABLE TRAVEL

2.15.1 Allowable costs for a contractor's travel and transportation allowances are governed by the Federal Acquisition Regulation (“FAR”) travel cost principle at FAR 31.205-46.

2.15.2 The Contractor shall obtain the express approval of the Contracting Officer’s Representative (COR) prior to incurring any travel related costs.

2.15.3 The Contractor shall be reimbursed for its reasonable actual travel expenses, excluding profit or fee, in accordance with its usual accounting practices consistent with FAR Subpart 31. All travel shall be directly related to and required for performance under this contract.

2.15.4 The Contractor shall include a breakdown of all authorized travel expenses as an attachment to each invoice. In no event shall travel expenses be burdened with profit or fee. The COR may require submission of additional supporting documentation (such as ticket stubs or receipts) before authorizing payment for invoiced travel costs.

2.15.5 Regular commuting expenses of Contractor personnel shall not be reimbursable.

2.15.6 Notwithstanding business class travel authorizations permitted by the Federal Travel Regulations, the Government will only reimburse the Contractor for economy (coach) class airfare for all travel conducted under this contract. Any airfare costs beyond economy class will be at the Contractor’s own expense, and shall not be directly reimbursable under this contract.

2.15.7 The Contractor shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate entity for all required passports, visas, licenses, and permits.

2. 16 DEFENSE BASE ACT (DBA) INSURANCE

DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/ dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance shall be obtained from any authorized DBA insurance broker, see FAR52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR1984). New DBA insurances policies can be purchased directly from any DOL approvedinsurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

Due to the fact that Saudi Arabia is not on the DOL’s active waiver list, DBA insurance is required for all personnel performing under this contract.

2.17 - RECRUITMENT OF THIRD COUNTRY NATIONALS

2.17.1 For contracts exceeding the $250,000 which require the recruitment of Third Country Nationals (TCNs), the Contractor shall submit and adhere to a Recruitment Plan. Contractors providing employer furnished housing shall submit and adhere to a Housing Plan.

2.17.2 Recruitment Plan

1. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

2. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

3. State in the plan that the recruited employee will not be charged recruitment or any similar fees, as defined in FAR 22.1702 and FAR 222-50. The Contractor or employer pays the recruitment fees for the worker, if recruited by the Contractor or subcontractor, to work specifically on Department of State contracts.

4. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

5. State in the plan that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

6. State in the plan that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

7. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance and provide updates for approval.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees; (ii) Advertising: (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is

(i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers.

2.17.3 Housing Plan

The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their plan that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

2.17.4 Preventing Trafficking in Persons. The Department of State Contractor and Subcontractors shall prevent human trafficking and treat employees with respect and dignity by taking the following actions:

1. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents or passports.

Contractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

2. Contractor shall provide employees with signed copies of their employment contracts, in English and in the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin. Contractors shall provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, shall be considered a material breach of this contract.

3. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at https://www.responsiblesourcingtool.org and from the Contracting Officer.

4. The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons, including the requirements against commercial sex, even in countries where it is legal, and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

5. Contractor shall display posters in worker housing advising employees, in English and the dominant language of the Third Country Nationals being housed, of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG), Hotline at 202-647-3320 or 1-800-409-9926, via the web https://www.stateoig.gov/ hotline, or via email at WPEAombuds@STATEOIG.GOV.

6. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance, except for an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

7. Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

8. The Contractor agrees to include this clause in all subcontracts over $250,000 involving recruitment of third country nationals for subcontractor performance.

2.17.5 Certification

As required by clause 52.222-50, contracts for other than commercially available off the shelf items or for services to be performance outside of the US, whose value is at $550,000 or more, the Contractor shall certify with the submission of their proposal, and annually thereafter, that the Contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief, neither the prime, nor its agents or subcontractor, have engaged in any trafficking related activities, including the procurement of a commercial sex act during the period of the contract, the use of forced labor in the performance of the contract, acts that support or facilitate trafficking in persons such as destroying or confiscating employees' documents or failing to provide return transportation, soliciting employees by use of fraud or charging recruitment fees or providing sub-standard housing described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. The certification will also confirm that if any violations have been found, the contractor has taken the appropriate remedial and referral actions.

Contractors and subcontractors can find a model compliance plan, a sample code of conduct, a supplier/subcontractor self-assessment questionnaire, and criteria to select and monitor labor recruiters on the Responsible Sourcing Tool website (www.responsiblesourcingtool.org). The Responsible Sourcing Tool is designed to assist Federal contractors in identifying human trafficking or trafficking-related activities in their supply chains and developing effective management systems to prevent and mitigate these activities. The tool enables Federal contractors and other entities to visualize human trafficking risks by location, industry sector, and commodity.

Contracting Officer Representatives (CORs) shall evaluate Housing Plan compliance with random, at least semi-annual inspections.

Inspections shall be coordinated with Regional Security Officers to ensure the safety of inspection personnel. Inspections should include a common sense evaluation of living conditions taking into account local standards, contract requirements, and the Contractor’s Housing Plan.

CORs may consider local government inspection and certification of housing if…