19GE5022R0020.pdf

19GE5022R0020

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5022R0020

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

DATE

08/19/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wencke Jacobsen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL jacobsenw@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

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

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:

SIZE STANDARD:

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

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

BERLICODE15. DELIVER TO

AMERICAN EMBASSY BERLIN

CURTIUSSTRASSE 64

ATTN: BERLIN GSO

12205, BERLIN, GERMANY

CODE OPEAQM16. ADMINISTERED BY

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

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

AMERICAN EMBASSY, CLAYALLEE 170

FINANCIAL MANAGEMENT CENTER, ATTN. DBO

14191, Berlin, GERMANY

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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 N. Moore

31c. DATE SIGNED 11/19/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS : : CGFS

19GE5022R0020

Line Item Summary

Solicitation Number:

19GE5022R0020

Contract Number: Title: GER-Berlin HR Payroll outsourcing

Date of Solicitation:

08/19/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR

inclusive of Sub CLINs 0001A Installation Phase 0002B Test Phase 0003C Payroll and Salary Computation services Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

002 BASE YEAR VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

1001 OPTION YEAR ONE

Payroll and Salary Computation services Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

1002 OPTION YEAR ONE VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

2001 OPTION YEAR TWO

Payroll and Salary Computation services Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

2002 OPTION YEAR TWO VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

3001 OPTION YEAR THREE

Payroll and Salary Computation services Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

3002 OPTION YEAR THREE VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

4001 OPTION YEAR FOUR

Payroll and Salary Computation services Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

4002 OPTION YEAR FOUR VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

19GE5022R0020 US Embassy Berlin, Germany Payroll & Salary Computation Outsource Page 3 of 83

Contents

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

II ACRONYMS AND ABBREVIATIONS

III PRICES

IV SPECIFICATIONS / STATEMENT OF WORK

V CONTRACT ADMINISTATIVE REQUIREMENTS AND

PROCEDURES

SECTION 2 – CONTRACT CLAUSES

52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB

1998)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

52.212-4 Contract Terms and Conditions-Commercial

Items (Oct 2018)

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (SEP 2021)

52.216-4 – ECONOMIC PRICE ADJUSTMENT – LABOR AND

MATERIAL (JAN 2017)

52.216-18 – ORDERING (OCT 1995)

52.216-19 – ORDER LIMITATIONS (OCT 1995)

52.216-21 – REQUIREMENTS (OCT 1995)

52.216-22 – INDEFINITE QUANTITY (OCT 1995)

52.217-5 –EVALUATION OF OPTIONS (JULY 1990)

52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.224-3 Privacy Training (Jan 2017)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB

2021)

652.242-70 – CONTRACTING OFFICER'S REPRESENTATIVE

(COR) AUG 1999)

652.242-73 – AUTHORIZATION AND PERFORMANCE (AUG 1999) ... 45

19GE5022R0020 US Embassy Berlin, Germany Payroll & Salary Computation Outsource Page 4 of 83

652.243-70 – NOTICES (AUG 1999)

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(JUN 2020)

ADDENDUM TO 52.212-1:

Instructions for Proposal Submission:

Submission of questions Proposal Due Date

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

52.216-1 – TYPE OF CONTRACT (APR 1984)

52.232.2 - SERVICE OF PROTEST (SEPT 2006)

652.206-70 – ADVOCATE FOR COMPETITION / OMBUDSMAN (FEB

2015)

SECTION 4 – EVALUATION FACTORS

A EVALUATION PROCESS AND FACTORS

B SEPARATE CHARGES

C AWARD WITHOUT DISCUSSIONS

52.217-5 – EVALUATION OF OPTIONS (JUL 1990)

52.225-17 – EVALUATION OF FOREIGN CURRENCY OFFERS (FEB

2000)

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

52.204-19- INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-11 – REPRESENTATION BY CORPORATONS REGARDING AN

UNPAID TAX LIABILITY OR A FELONY CRIMINAL

CONVITION UNDER ANY FEDERAL LAW (FEB 2016)

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION (JUN 2020)

652.225-70 – ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999) ... 82

Payroll & Salary Computation Outsource Page 5 of 83

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

A. The US Mission to Germany requires Payroll & Salary Computation Outsource.

The Contractor shall provide the services, as described in Section 1, Sub Section IV Specifications / Statement of Work.

B. This is a fixed price type contract under which annual firm, fixed-price task orders will be issued. The contract shall remain unfunded. The fixed prices are listed in Attachment 1 – Pricing Schedule.

C MINIMUM (Reference Section I, Clause 52.216-22(b))

During the term of this contract, the Government shall order, as a minimum, services in an amount of at least $5,000.00 or equivalent in local currency.

The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above the guaranteed minimum of $5,000.00 or equivalent in local currency.

The maximum dollar value during the entire life of this contract is $8,000,000.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

DBP Defined Benefit Plan

DCP Defined Contribution Plan

COR Contracting Officer´s Representative

DEÜV Datenerfassungs- und -übermittlungsverordnung

(Data Collection and Transmission Ordinance)

Payroll & Salary Computation Outsource Page 6 of 83

DPOC designated points of contacts

FMO Financial Management Office

GFSC Global Financial Service Center in Charleston, South Carolina, USA

GSSS German Social Security System

ITSG Information Technology Service Center of the German Statutory Health Insurance

LES Locally Employed Staff

NTP Notice To Proceed

QA Quality Assurance

SOW Statement of Work

USG United States Government

III PRICES

A.1 The contractor shall complete all work, including integration services, furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. These individual prices shall include all labor, materials, profit, travel to post and, if applicable, value added tax (VAT).

Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

A.2 The currency shall be fixed and cannot be changed by modification to the contract.

B. VAT – if applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government, he shall re-pay the refund amount to the US Government.

Payroll & Salary Computation Outsource Page 7 of 83

C. Offeror, insert the currency of prices offered __________________

D. The fixed prices for the services as specified in Section IV are set forth in Attachment 1 – Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award).

Payroll & Salary Computation Outsource Page 8 of 83

IV SPECIFICATIONS / STATEMENT OF WORK

Introduction

The State Department of the U.S. Government (USG), represented by the U.S. Mission to

Germany is seeking a vendor to provide timely and accurate processing of employee salary calculations, to handle mandatory reporting of employee data and information as required by the

German Social Security System, and perform miscellaneous other tasks in connection with

Locally Employed (LE) Staff compensation. The contractor shall have thorough long-term experience in and expert knowledge of the German Social Security system and compensation practices and be fully versed, in theory and practice, in the requirements employers in Germany are required to fulfill in connection with these employment aspects. The contractor shall have all expertise, resources, and means in place to handle the tasks described in Item1 through 3 below in this SOW.

The U.S. Mission not only has U.S. diplomatic and consular personnel in its service but also employs non-diplomatic staff who are permanent residents in Germany. These staff members are known as Locally Employed Staff (LE Staff) and the current number Germany-wide is 698 (the number will fluctuate between upper 600s and lower to mid 700s). The U.S. Mission to Germany consists of the U.S. Embassy in Berlin and the U.S. Consulates General in Frankfurt, Munich, Düsseldorf, Hamburg, and Leipzig.

The service scope will cover the non-diplomatic LE Staff members only; the U.S. diplomatic and consular personnel are not included.

Scope

The Contractor shall provide LE Staff employee salary and social security contribution calculations as they apply to the LE Staff in alignment with compensation and social security procedures as imposed by local law and by the State Department. The Contractor further shall handle all employer reporting responsibilities vis-à-vis the GSSS (including electronic transfer per Social Code: §28a, (1a), SGB IV).

The USG transferred responsibility for payment of social security contributions to the GSSS to its LE Staff; the employer’s shares to the GSSS are paid directly to the LE Staff employees.

The U.S. Mission will maintain this procedure.

The U.S. Mission has not made deductions for income tax; all matters regarding income tax liability have been entirely the LE Staff members’ responsibilities. The U.S. Mission intends to maintain this procedure; the Contractor thus will not be required to deliver respective calculations and/or handle pertinent responsibilities.

LE Staff are subject to local social security requirements; however, the U.S. Mission to Germany, as a diplomatic mission, has operational conditions that differ from those of local economy employers which will have to be considered by the Contractor.

The USG seeks Contractor support with regard to the employer’s reporting obligations per §28a SGB IV and the Data Collection and Transmission Ordinance (DEÜV). Per tacit understanding, the employees’ Health Carriers have handled the majority of the reporting tasks on a voluntarily and goodwill basis. It is the USG’s intent to become compliant with the mandate that data must https://www.gesetze-im-internet.de/sgb_4/__28a.html https://www.gesetze-im-internet.de/sgb_4/__28a.html https://www.gesetze-im-internet.de/sgb_4/__28a.html

Payroll & Salary Computation Outsource Page 9 of 83 be submitted electronically to the GSSS via payroll accounting programs that were tested and approved by the Information Technology Service Center of the German Statutory Health Insurance (ITSG).

STATEMENT OF WORK (SOW)

A. Payroll and Salary Computation Services

The USG requires payroll and salary computation services. The Statement of Work lists the goals and objectives of the contract.

B. Statement of Work (SOW)

The Contractor shall provide the U.S. Embassy Berlin and its U.S. Consulates General Frankfurt, Munich, Düsseldorf, Hamburg, and Leipzig (hereinafter referred to as Customer) with the below services.

1. Startup

1.1 Identify or design a system that can accommodate the unique challenges of calculating local social security for the Customer taking into account the following operational conditions that set the Customer’s operations apart from those of customary local economy employers:

• Salary payments are made on a bi-weekly basis (“Pay Periods”); these Pay Periods do not coincide with calendar months but regularly cross over the end and beginning of a month.

• In accordance with §28 m SGB IV, Sub-Section (1), the USG transferred responsibility for payment of social security contributions to the GSSS to its LE Staff the employees. The U.S.

Mission thus does not fulfill employer obligations per §28e SGB IV, Sub-Section 1, Sentence

1 and pays the LE Staff without such deductions. Instead, the USG transfers the employer’s share of the GSSS to the LE Staff together with their bi-weekly salary payments; the LE Staff are required to pay the contributions to the Health Carriers. The USG will not change that procedure.

• While the vast majority of the LE Staff are fully subject to the GSSS, there are groups who are partially subject to different requirements. A group of approximately 188 LE Staff of the

698 are subject to the U.S. Federal Insurance Contributions Act (FICA); the majority of employees in this group are also subject to U.S. income tax. Both liabilities are deducted at source; the Contractor shall only handle the employee’s liabilities vis-à-vis the GSSS:

o The aforementioned group of employees are enrolled only in FICA; they do not additionally participate in the German old age insurance system;

o For this group, participation in the Health and Care insurance scheme are voluntary; if they opt for health insurance, the employees are allowed to take out private health insurance regardless of whether they meet the local ceiling requirement otherwise required for eligibility;

o The employees must participate in the German unemployment insurance.

https://www.sozialgesetzbuch-sgb.de/sgbiv/28m.html https://www.gesetze-im-internet.de/sgb_4/__28e.html#:~:text=%C2%A7%2028e%20Zahlungspflicht%2C%20Vorschuss,Deutsche%20Rentenversicherung%20Bund%20zu%20zahlen https://www.gesetze-im-internet.de/sgb_4/__28e.html#:~:text=%C2%A7%2028e%20Zahlungspflicht%2C%20Vorschuss,Deutsche%20Rentenversicherung%20Bund%20zu%20zahlen

19GE5022R0020 US Embassy Berlin, Germany Payroll & Salary Computation Outsource Page 10 of 83

• A very small group of staff (<20) has a private old age insurance in lieu of being enrolled in the mandatory old age pension system. The Contractor shall need to be able to handle those cases.

• Each LE Staff member has his/her own employer identification number (Betriebsnummer) due to the fact that LE Staff are considered self-payers (Selbstzahler). To address this issue, the U.S. Mission will be able to obtain dummy employer identification numbers for each post.

• The actual payroll processing and initiation of salary payments to the LE Staff will be handled by the State Department payroll center, the Global Financial Service Center (GFSC) in

Charleston, South Carolina, USA.

• The State Department has a specifically designed internal time and attendance reporting and administration system. The U.S. Mission will be required to continue to use the system: the

Customer thus will prepare certain steps of the process in that system, turn the product over to the Contractor who will handle the scope of work defined in this SOW, and return the results to the Customer for further use.

1.2 In as much as the Contractor is required to access U.S. Mission premises during the start-up period, the representative(s) shall be escorted at all times. Representative(s) shall arrive in sufficient time to allow for security/entrance processing.

1.3 In as much as the representatives need to work with company laptops or other handheld electronic devices on U.S. premises, pertinent security and IT security procedures will have to be initiated and observed prior to permission to bring these devices into the U.S. Mission premises.

2. Ongoing Contractor Services

The Contractor shall

2.1 calculate the German social security contributions for all LE Staff members of the U.S.

Embassy and its five Consulates General.

2.2 provide monthly German social security reports for employees’ salaries for each Pay Period

(as defined in section 5.2).

2.3 based on notification by the Customer, where such notification is required, provide reporting to the pertinent social security entities as mandated by local social security law (§28 a SGB IV et al.) for all LE Staff covered under all or some of the branches of the GSSS (health insurance system, the care insurance, old age pension insurance and/or the unemployment insurance) per the following:

2.3.1 at the beginning of the employment relationship,

2.3.2 at the end of the employment relationship,

2.3.3 when salary payments temporarily stop,

2.3.4 one-time payments,

2.3.5 in the event of changes in the obligation to pay contributions, https://www.sozialgesetzbuch-sgb.de/sgbiv/28a.html

19GE5022R0020 US Embassy Berlin, Germany Payroll & Salary Computation Outsource Page 11 of 83

2.3.6 in the event of a change in Health Carrier,

2.3.7 when an employee applies for old age pension (German system), and/or,

2.3.8 handle other and additional reporting requirements as required by German law/regulations.

2.4 handle all reporting as required by the German Collection and Transmission Ordinance

(Datenerfassungs- und -übermittlungsverordnung, DEÜV) per the applicable deadlines.

2.5. handle general salary increases or other adjustments of salaries and/or social security contributions, as may be required by changes to local law and/or State Department regulations.

The Contractor shall handle all relevant calculations based on the Customer’s request and, where required, instruction and guidance.

2.6 prepare and submit the annual report for the German statutory accident insurance (German

“Workman’s Compensation”) for the reporting period January 1 to December 31.

2.7 render the following support: The U.S. Mission has a Defined Benefit Plan (DBP)

(Betriebsrentenplan 1). For purposes of premium payment calculations and issuance of annual

Leistungsnachweise, the U.S. Mission must report to the insurance company covering that Plan all members’ latest five salaries in effect on January 1 of the pertinent previous years. The report is due in June; the Contractor shall provide the Customer with the salary information every year in May. The Customer shall be able to record and match all relevant insurance information of each plan member in their system (the U.S. Mission will provide the information).

2.8 render the following support: The U.S. Mission also has a Defined Contribution Plan (DCP)

(Betriebsrentenplan 2); the DCP is handled by an outside insurance company. The Contractor shall support the monthly calculation of the employer’s contributions to the DCP for all Plan members (current, enrollments, and departures).

2.9 provide the Customer – upon request - with ad hoc reports and statistics in as much as these relate to LE Staff compensation and associated cost and information. Depending on complexity of the reports the turn-around time shall be between one work day and one week.

2.10 provide information on the LE Staff salaries and relevant contributions to the GSSS to the

U.S. Mission’s Financial Management Section to enable the same to prepare budget proposals and overviews. The requirement for the information is recurrent (generally on or about October

1st of a year) but can also be in the form of an ad hoc request, both mass and individual employee reports. The Contractor shall be able to provide information on the employees' basic annual salaries and the respective GSSS contributions in a specific format which needs to encompass a variety of employee data, leave status, and fiscal information; the exact information regarding that format and contents will be provided by the U.S. Mission. The

Contractor shall be able to generate and provide reports with an effective date in the past (no more than a year in the past).

2.11 provide customer service to LE Staff employees if and when there are questions and issues with social security payments and related issues that cannot be resolved by the Customer. The Customer shall assign points of contacts (POCs); the POCs shall speak German and English, and be able to serve as a customer service interface with individual

Payroll & Salary Computation Outsource Page 12 of 83 employees. Communications are to be via telephone, email, or other appropriate electronic communication platforms.

3. Requirements

3.1 The transmission of payroll and salary computation data between the Customer and the Contractor shall be via secure channels. The Contractor shall use the data to calculate social security contributions and return the Spreadsheet to the Customer (designated points of contacts (DPOC) in the Human Resources Office at the Embassy Berlin with a copy to the DPOCs in the Human Resources Office at the Consulates General Frankfurt and Munich) for processing of the actual salary payments and payments of the employer’s shares to the GSSS.

The Human Resources Officer shall review and sign off on the accuracy of the payments and contributions. The Customer and the Contractor shall transmit and exchange files via an agreed upon system that maintains the security of sensitive data. The Customer is responsible for transferring actual salary and contributions payments to the employees in accordance with USG procedures.

3.2 The Contractor shall process the payroll and salary computation data (Section 3.1) and return them to the Customer within seven (7) calendar days.

3.3 The Contractor shall prepare bi-weekly and monthly reports using salary and GSSS contribution calculations from previous Pay Periods that are assigned to a particular calendar month. Note: The 26 Pay Periods are spread over 12 calendar months; the Customer will, for the sole purpose of the payroll and salary computation administration, assign the Pay Periods to particular calendar months. The Customer will provide the information to the Contractor at the beginning of each calendar year. The Customer will work with the Contractor to establish a method of salary reporting and computation that addresses the unique challenges presented by the different pay system used by the USG and which suits the Contractor’s systems as best as possible.

3.4 The Contractor shall correct errors in calculations that result from an internal Contractor error or when the Customer provides incorrect input.

3.5 The Contractor shall prepare and provide all required forms such as, but not limited to, the following:

3.5.1 Salary information upon expiration of 42 days employer’s continued compensation in case of an employee’s incapacitation for duty;

3.5.2 Information for presentation to the German Unemployment Office (Bundesagentur für Arbeit);

3.5.3 Information for presentation to the German Elterngeldstelle for employees on Parental Leave; and/or,

3.5.4 Any form or certificate an employee may request for presentation to an authority or entity which requires the statement and proof of the employee’s income.

3.6 The Contractor shall closely coordinate with the U.S. Mission’s designated points of contacts on all matters related to the work requirements.

3.7 The Contractor shall maintain the capability to store, retrieve, and provide all Contractor work products (e.g. administrative documents, electronic files, etc.) that the Contractor created during the contract period including the base and all option years.

19GE5022R0020 US Embassy Berlin, Germany Payroll & Salary Computation Outsource Page 13 of 83

3.8 Within 30 days of the expiration or termination of this contract, the Contractor shall furnish to the Customer digital copies of all records/files related to the contract.

3.9 The Contractor shall destroy all data provided by the Customer upon expiration or termination of the contract. However, this shall not happen until the Customer has confirmed by signed letter to the Contractor that they have satisfactorily performed the requirements of section 3.8.

3.10 The Contractor shall monitor German Social Security regulations and laws to provide up-to-date advice on appropriate and required adjustments to employee social security contribution calculations that the Customer needs to make.

4. Deliverables

To ensure the data prepared by the Contractor is compatible with the report that the U.S.

Mission needs to send to its payroll center GFSC, the Contractor shall submit draft data submissions for a testing period as determined by the Customer (see below). The Contracting Officer shall issue a Notice To Proceed (NTP) to the Contractor to inform him/her once the test phase was successfully completed.

4.1 Overview

Description of Deliverable Deliverable due date (Projected)

Project Kick off meeting 1 week after official award date

Final Project Management Plan 30 days after award

Status Reports During Development Phase

Weekly to COR

Test Phase 6 Consecutive Pay Periods

Review of Test Phase results 1 week after test phase conclusion

Adjustments 1 weeks after review of test phase results (if necessary)

Note to Proceed ASAP after successful conclusion of test phase and, if necessary adjustments to processes

5. Notes

5.1 The Customer has six posts in Germany. The payroll work for the Embassy Berlin and the Consulates General Hamburg, Leipzig, and Düsseldorf are handled by the HR Office in Berlin;

the payroll work for the Consulates General Frankfurt and Munich are handled by the respective local HR Offices at the two posts. While geographically separate, the posts and their HR Offices do not function as independent, separate entities; rather, all operations are to be understood as being on one Mission Germany platform. The Contractor shall provide all services for the Customer to these sites via designated points of contacts at posts Berlin, Frankfurt, and Munich.

Payroll & Salary Computation Outsource Page 14 of 83

5.2 A Pay Period encompasses 14 calendar days, and the first day of a Pay Period is Sunday.

There are 26 Pay Periods in a year; in very rare circumstances there are years with 27 Pay Periods. The Pay Periods do not coincide with calendar months but regularly cross over the end and beginning of a month. The normal workweek has Saturday and Sunday as rest days.

5.3 The standard full-time work week of the U.S. Mission covers 40 hours per week, five days, eight hours a day, with some work weeks encompassing more hours (42 to 54). The U.S.

Mission has a few sections with extended work schedules or shift schedules; a certain number of Sections have On Call duty requirements. The U.S. Mission does not have employees in mini-jobs, or work-on-demand schedules (Arbeit auf Abruf). Furthermore, the allocation of working hours is not flexible to the extent that employees have time accounts under which they can freely administer their own working hours and amass time credits and redeem them later on by taking time off when they have small workloads (Gleitzeit; Arbeitszeitkonten).

5.4 The U.S. Mission observes local holidays according to the official holidays declared for the individual Federal States (Berlin, Hamburg, Saxony-Anhalt, Bavaria, Hesse, North-Rhine- Westphalia) and U.S. Federal Holidays. Each year, the Customer will provide the Contractor with the list of the observed holidays.

5.5 While the LE Staff payroll processing is predominantly governed by local law and to some extent by U.S. Law is as much as U.S. Citizens are concerned, there are a few State Department requirements that need to be complied with. To that end, the Customer will provide the Contractor with copies of all relevant policy documents and information as they apply to payrolling LE Staff compensation and will designate a point of contact to provide guidance and be available for questions as the Contractor may encounter them.

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V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

V.1 Quality Assurance and Surveillance Plan (QASP)

This plan is designed to provide an effective surveillance method to promote effective 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 USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective Performance Threshold

Timely processing of the payroll and salary computation data (per SOW)

No more than one (1) customer complaint is received per month.

No incorrectly processed payroll and salary computation data No more than one (1) customer complaint is received per month.

V.1.1 Surveillance – The COR will receive and document all complaints from USG personnel regarding the services provided. If found valid, the COR will send the complaints to the contractor for corrective action.

V.1.2 Standard – The performance standard is that the USG 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) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

V.1.3 Complaint Procedures

a. If USG personnel observe unacceptable services such as but not limited to lack of coordination during medical evacuation, extended referral periods, delays in receipt of payment, etc., they will immediately contact the COR.

b. The COR will complete appropriate documentation to record the complaint.

c. 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.

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d. 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.

e. The COR shall, as a minimum, provide e-mail notification informing the contractor of any valid complaints.

f. If the contractor disagrees with the complaint and challenges the validity of the complaint, the contractor shall notify the COR by e-mail. The COR will review the matter to determine the validity of the complaint.

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

h. 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.

V.2 Standards for Handling of Data – from the Foreign Affairs Manual (FAM) – Rules of Behavior for Personally Identifiable Information (PII).

All personally identifiable information (PII) shall be protected through appropriate safeguards to ensure security, privacy, and integrity. The contractor is held responsible for complying with these requirements. Failure by the contract employee to abide by these rules may result in permanent removal and other contractual sanctions.

a. Do not inspect, search, or browse any record of PII in files or databases unless you are authorized to do so in the performance of your official duties, and you have a need to do so to accomplish your assigned work.

b. Do not alter records containing PII unless it is necessary for the performance of your official duties.

c. Do not copy records of PII to a non-contractor furnished storage media.

d. Do not disclose PII to others, including other authorized users, verbally or otherwise unless there is a need to do so in the performance of your official duties.

e. Do not reveal your password to others or allow them to log on under your account.

f. Do not leave your work area without first locking your computer.

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g. Do not store PII in shared electronic folders or shared network files.

h. Do not email PII in an unencrypted form without first evaluating the potential harm to the individuals if their PII were exposed.

i. Do not leave hard copy PII records exposed and subject to theft.

Contractors are required to follow these privacy rules of behavior when accessing PII in the performance of their official duties. These rules apply with due regard for the content and context of the underlying information.

Additionally, applications and / or data related to this contract shall be hosted in the contractor’s datacenter or a managed cloud-hosted secure data center with appropriate contract and security to include activity logs.

Customer must have the right to audit storage and access and security controls. The Embassy’s Information Systems Security Officer (ISSO) must re-certify and audit the situation periodically.

All PII stored on portable devices shall be encrypted

V.3 Management Plan

Offerors shall submit a draft version of their management plan as part of their proposal. The contractor shall submit the final version no later than 30 calendar days after receipt of a contract award.

V.3.1 The contractor’s management plan shall:

• describe the organization of the work force,

• specify the names and responsibilities of the principal manager and the supervisors under this project,

• indicate the manner in which the contractor assures quality documents and service,

• state the frequency of inspections and the use of operational records

• include organizational and functional charts reflecting the line of management responsibility

V.3.1 Inspection System – The contractor’s management plan shall establish an inspection system covering all services stated in Section 1, The Schedule. The inspection system shall:

a. specify areas to be inspected on a scheduled basis;

b. include a method of identifying deficiencies in the quality of supplies (reports) and / or services before the level of performance becomes unacceptable;

c. include a filing system for all inspections conducted by the contractor and the corrective action taken.

This documentation shall be made available to the USG during the term of the contract.

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The contractor shall obtain the COR’s approval prior to making any changes in its management plan. If directed by the COR, the contractor shall submit said changes in writing as a proposal for Government review and approval / disapproval.

V.4 Physical and Information Security Requirements

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the USG. The contractor shall not release any documents that are not covered under Section 2 (Ongoing Contractor Services) of the SOW to anyone unless authorized by the USG.The following considerations shall be followed by the contractor and/or shall be incorporated into the design documents / shop drawings.

V.4.1 All documents received or generated under the contract are the property of the

USG.

V.4.2 All documents shall be controlled and disseminated on a need-to-know basis.

Reproduction and distribution is prohibited without express approval of the USG.

All design documents generated shall be annotated as follows:

V.4.3 All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the USG.

V.4.4 Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

V.5 Erroneous Payment

If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

V.6 Laws And Regulations

V.6.1 Compliance Required – If the contractor has or will establish a local office, he shall, without additional expense to the USG, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

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V.6.2 Labor, Health and Safety Laws and Customs – If the contractor has or will establish a local office, he shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

V.6.3 A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees. Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

V.6.4 The only items that the USG will consider for price adjustments are those that are mandated e.g. changes in the VAT rate (if applicable) or minimum hourly wage rate.

V.7 Contract Administration Data

V.7.1 Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

V.7.2 Government Personnel

Contracting Officer: Eric N. Moore

Contract Administrator: Wencke Jacobsen E-mail address: JacobsenW@state.gov

Contracting Officer's Representative (COR): TBA

V.7.3 Invoices, Review and Payment

Invoices shall be issued monthly and submitted to the invoicing address shown on the task order.

Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

mailto:JacobsenW@state.gov

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Payment shall be made in the currency the contractor specified in Section1.III.C Prices.

V.7.4 Advance Payment shall not be authorized under this contract.

V.7.5 Changes In Ownership – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

V.8 Funding / Task Orders / Procedures

V.8.1 The contract remains unfunded; funding will be provided by issuing an annual task orders. Each task order will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Task order number

• Name of person placing the order

• Quantity, unit price, and total price of each service / insurance rate

• VAT or other taxes as a separate item, if applicable

• COR and post points of contact, including e-mail addresses

• applicable contract clauses, either in reference or in full text if necessary

V.8.2 Only an RPSO Contracting Officer may place a written order.

V.8.3 Ordering Procedures – The Government shall issue annual funded task orders.

V.9 Choice of Law

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

V.10 Start / Period of Performance

Contract performance is estimated to start in the second quarter for calendar year 2022.

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The period of performance of the actual Payroll and Sallary Computation services is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

The Base year for the Payroll and Sallary Computation services starts after the issuance of the Notice to Proceed following the successful and approved completion of the Development phase and Test phase.

The Government may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

V.11 List of attachments

Attachment 1 Pricing Attachment 2 Past Performance and Experience Attachment 3 IRS Form W-14

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SECTION 2 – CONTRACT CLAUSES

52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

The following FAR and DOSAR clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Alt. I Restrictions on Subcontractor Sales to the Government

JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2013

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price AUG 1987

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.246-20 Warranty of Services MAY 2001

52.246-25 Limitation of Liability-Services FEB 1997

52.249-2 Termination for Convenience of the Government (Fixed Price)

APR 2012

652.225-71

Section 8(a) of the Export Administration Act of 1979, as Amended

AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad. AUG 1999

652.237-72 Observance of Legal Holidays and Administrative Leave.

FEB 2015

https://www.acquisition.gov/

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The following clauses are provided in full text:

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

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(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements…