19GE5023Q0007.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Berlin, Germany

Promotion services for brand DelicioUS!

SOLICITATION NO. 19GE5023Q0007

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

December 23, 2022

Combined Synopsis and Solicitation

Solicitation Number 19GE5023Q0007

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Promotion Services for brand DelicioUS! for the U.S. Embassy Berlin, Germany on behalf of the Foreign Agriculture Service (FAS). All interested companies shall review the solicitation and offer services in accordance with the specification provided in this document. This solicitation may result in issuance of a one-year contract with option to extend.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the service it is offering meets the requested specifications.

One or more of the items under this acquisition is subject to the World Trade Organization

Government Procurement Agreement and Free Trade Agreements.

Each offeror will be responsible for determining the amount of labor that will be required to complete the services, and for pricing their proposal accordingly. Further, each offeror is responsible for furnishing complete information to its subcontractors. Subcontractors shall not be referred to the U.S. Government concerning the requirement.

Synopsis:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5023Q0007 and is issued as a

Request for Quotations (RFQ), unless otherwise indicated herein.

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3317

E-mail: Yarashevitshk@state.gov

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2022-08 effective October 28, 2022. This requirement is using simplified acquisition procedures.

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, travel cost (if any), equipment, materials, general liability insurance, overhead, profit, insurance, and all other expenses necessary to deliver the required services. No additional sums will be payable on account of any escalations 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 currency exchange rates. Any costs not priced will be considered to be included in the overhead and other indirect costs.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all services are received and accepted by the Government.

Defense Base Act (DBA) Insurance:

The Department of Labor has waived the DBA insurance for Germany. United States citizens or residents and individuals hired in the United States, regardless of citizenship shall be required to obtain DBA insurance. Evidence of DBA insurance shall be submitted within 15 days of award.

The DBA Insurance shall be obtained from any U.S. Department of Labor (DOL) authorized

DBA insurance broker. A list of DOL-authorized insurance brokers is available at the following address: http://www.dol.gov/owcp/dlhwc/lscarrier.htm. DBA insurance cost will be evaluated as part of the total evaluated firm fixed price and included in the firm fixed price of the task order.

The Contractor shall be reimbursed for the cost of DBA insurance only upon providing proof of payment. If the contractor’s place of performance is other than Germany the contractor shall review the list of DBA insurance waivers at https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/dbawaivers#current and obtain a quote for DBA insurance if applicable.

Attachments:

Attachment (A) - Representations and Certifications

Attachment (B) - W-14 Form

Attachment (C) - Instructions for completing W-14 Form http://www.dol.gov/owcp/dlhwc/lscarrier.htm https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/dbawaivers#current

STATEMENT OF WORK (SoW):

Under this agreement, the vendor will execute the following tasks and/or deliver the following services. Correspondence with FAS Berlin and the content developed is in English. When appropriate and practicable content or PR activities may be done in a language spoken in the EU with prior clearance from the Contracting Officer's Representative (COR).

Objectives:

1. A strategy for further developing the brand and engaging with European Union consumers and the food industry in the European Union to raise brand awareness.

2. Increase visibility of U.S. food products available in the local market that are featured under the DelicioUS! common brand.

3. Establish connections with retailers in the European Union and make them aware of the

DelicioUS! common brand

4. Increase number of European followers on DelicioUS! social media platforms and website from within the European Union.

5. Increase awareness of positive attributes and image of U.S. food and beverages among

German/European consumers

6. Maintain maintenance of existing DelicioUS! Social media platforms (Facebook, Instagram, LinkedIn, YouTube) and website (https://delicious-usa.com/) and generate new and innovative content on DelicioUS! social media platforms and website.

1. Strategy Consulting:

The purpose of this firm fixed price agreement is to promote the DelicioUS! common brand, enhance the brand’s reputation, and increase visibility of U.S. food products available in Europe that are featured under the DelicioUS! brand umbrella. The vendor will provide strategic insight on how to build brand communication and develop a communication strategy, with the goal of growing the brand’s audience.

2. Media Content Development:

The contracted firm will be responsible for maintaining the existing DelicioUS! website and social media channels (https://delicious-usa.com/) to support this common brand concept. This includes, but is not limited to, content development, community management and improvements to the website as needed. Attributes such as quality, sustainability, and versatility should be stressed. Contracted firm will work closely with FAS to ensure adherence to U.S. government policies, protocols, regulations, and preferences. Content creation may include, but is not limited to:

1. Recipes: development of recipes featuring multiple U.S. ingredients https://delicious-usa.com/ https://delicious-usa.com/

2. Cooking demonstrations – i.e., photos, videos, etc. featuring those developed recipes, featuring U.S. ingredients

3. Promotion of U.S. food “ambassadors” as selected by and in coordination with the U.S.

cooperator groups

4. Description and promotion of various U.S. food “cultures,” e.g., “Southern Kitchen,”

“Texas BBQ,” “California Cool,” etc. Potentially including U.S. “foodie” tours

5. Links to various U.S. cooperator resources

6. Upcoming events and U.S. food promotions

7. Development of articles

8. Story development for media (trade media cooperations)

9. Community management

10. Hosting a YouTube channel

11. Cooperation with influencers or bloggers

12. Cooperations with U.S. cooperators

13. Development of social campaigns for DelicioUS! Branded marketing events in Europe

In addition to activities in the digital space, the vendor will investigate, evaluate, and propose outreach strategies for traditional or print media. Traditional Media includes radio, broadcast television, print, and billboards. It is a term used to contrast these forms of Media from New

Media, which is distributed via the internet and can include things like online newspapers, online videos, websites, and social media.

Vendor will make recommendations on expansion or reduction of social media platforms, utilization of traditional media, and other PR activations (such as influencer activities).

Consumer Engagement:

Consumer engagement will be a critical component of the DelicioUS! campaign. The vendor will advise FAS and cooperators on how to incorporate the existing brand into events and trade shows. To achieve this goal, the contracted vendor will:

1. Assist FAS in implementation of brand inclusion in a variety of USDA endorsed and non-endorsed trade shows throughout Europe

2. Initiate connections to the local Hotel, Restaurant, and Institutional (HRI) sector and

Retail sector for cooperation i.e., brand/product placements.

Reporting:

The vendor will be responsible for providing regular updates (every 30 days or as agreed upon by vendor and FAS) initially focused on preliminary market assessments, then moving into plan development and intended outreach efforts, finally reports should detail successful outreach initiatives, press releases, social media reports, etc.

Partners:

FAS-Europe partners with the following food and agriculture companies and trade associations to promote their products throughout Europe. The vendor will be responsible for communicating with these cooperator groups to best understand their individual products, goals, EU presence and activities, etc. This may be done via the FAS Berlin team or directly at the discretion of the

COR. Communication both in person and virtually is possible and preferences may differ depending on the cooperator. For reasons of convenience, flexibility, and cost, virtual communication is preferable.

PARTNER PRODUCTS (including, but not limited to)

Alaska Seafood Marketing Institute (Fresh and frozen fish and seafood)

Almond Board of California (Almonds)

American Peanut Council (Peanuts and peanut butter)

American Pistachio Growers (Pistachios)

American Soybean Association (Soy and soy oil)

Brewers Association (Beer and craft beer)

California Raisins (Raisins)

California Prune Board (Prunes)

California Table Grape (Grapes)

California Walnut Commission (Walnuts)

Cherry Marketing Institute (Fresh, frozen, or dried cherries and juices)

Cranberry Marketing Institute (Fresh, frozen, or dried cranberries and juices)

Hop Growers of America (Hops)

National Milk Producers Federation (Milk, cheese, ice cream, yogurt, dairy products)

National Sunflower Association (Commercial sunflower oil)

North Carolina Sweet Potato Commission (Fresh sweet potatoes and snack foods)

Oregon Wine Board (Oregon wines)

Organic Trade Association (Various organic food products)

Pear Bureau Northwest (Fresh, frozen, and canned pears)

U.S. Apple Export Council (Fresh apples)

U.S. Dairy Export Council (Milk, cheese, ice cream, yogurt, dairy products)

U.S. Dry Bean Council (Dry beans)

U.S. Grains Council (Grains, flours, and oils)

U.S. Meat Export Federation (Beef, pork, and poultry)

U.S. Poultry and Egg Council (Poultry and eggs)

U.S. Wheat Associates (Wheat and flour)

USA Dry Pea & Lentil Council (Dry peas and lentils)

USA Rice (Rice)

Washington Apple Commission (Fresh apples)

Washington State Wine Commission (Washington wines)

Wine Institute of California (California wines)

Note: Partner list may change.

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.

Performance Objective Performance Threshold

Website maintenance 1. Website content is updated with most current content.

2. Website search function refined to allow for key word searches of recipes and articles.

3. Pending budget and concurrence between

Contractor and COR, implement website updates in a timely manner.

Engagement 1. Facebook – Maintain quarterly average engagement rate of 1 to 3.5 percent at a minimum. This will be set from the baseline at the beginning of the contract, a minimum of 30% should organic.

2. Facebook – Achieve a quarterly follower growth rate of 1%.

3. Instagram – Maintain quarterly average engagement rate of 3%. This will be set from the baseline at the beginning of the contract, a minimum of 30% should be organic

4. Instagram – Achieve a quarterly growth rate of at a 2.5%.

5. PR activations via digital media or for live brand experiences (for example influencer activations, giveaways, or other promotions), show increase of traffic to digital media platform.

6. Increased traffic to website and YouTube channel.

** Due to the evolving nature of how Facebook and Instagram allow organizations to track metrics, these can be adjusted with consultation with the COR.

Content Development and social media 1. Monthly development of social media plan and social media and website content. Drafts should be provided within a reasonable time period for review by the

COR. These factors will be determined together by the COR and Contractor at the initiation of the contract.

2. Content developed has minimal errors

(maximum 3 errors).

3. Content aligns with U.S. government policies, protocols, regulations, and preferences, as advised by the COR.

4. Develop 1 LinkedIn post per month

5. Maintain YouTube video library.

6. YouTube: Over the course of the performance period, use the content of the

5 of the videos on the channel to create 5 digital content assets featured on one or all of the digital media platforms. For example: post of whole video, stories, or reels.

Reporting 1. Weekly coordination meetings with FAS

Berlin

2. Quarterly reports on engagement metrics.

The fourth of which is the final that is an overall end report of the work done under the contract and summary of progress on metrics.

Public Relations Activities 1. Influencer activities reach at least 5,000 consumers unless otherwise discussed and cleared with the COR.

2. Traditional media outreach has circulation or reach of at least 20,000, unless otherwise discussed and cleared with the

COR.

a. SURVEILLANCE. The COR will document growth and engagement with the DelicoUS!

Brand's digital media platforms in the European Union market during the period in which services are provided. To do this, the contractor will submit quarterly updates in writing on performance metrics, the final of which is a cumulative review of the entire contract period all of which will be submitted to the COR in a reasonable time period. The format will be provided by the COR, but recommendations on improving it can be discussed between the COR and Contractor. If appropriate, the COR will send any insufficiency in contractors’ performance to the Contractor for corrective action.

b. STANDARD. The performance standard is growth in consumer engagement with the brand and number of followers of the brand. This will be determined by the performance standards outlined in the table above. Organic growth rates required should be achieved by month 6. The COR shall notify the Contracting Officer of any insufficiency in contractors’ performance so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-

Commercial Products and Commercial Services (Nov 2021), if any of the services exceed the standard.

c. PROCEDURES.

1. If any Government personnel observe unacceptable services (I.e., articles and social media posts not delivered on time and/or with inappropriate content or content unsuitable to the campaign), either incomplete work or required services not being performed they should immediately contact the COR.

2. The COR will complete appropriate documentation to record the issue with the content.

3. If the COR determines the content developed is inappropriate (contains obscenities, crude language, or images), the COR will advise the contractor in writing. The COR will document the notice in his/her files.

4. If the COR determines the content developed is not suitable for the campaign, in that it does not align with U.S. government positions on a particular topic, the COR will inform the Contractor and give the Contractor additional time to correct the content. The COR shall determine how much time is reasonable.

5. The COR shall, at a minimum, orally notify the Contractor of any valid issues with content and services.

6. If the Contractor disagrees with the content determination after a review of the content, and challenges the validity of the complaint, the Contractor will notify the COR. The

COR will review the matter to determine the validity content appropriateness or suitability assessment.

7. The COR will consider content issues as resolved unless notified otherwise by the complainant.

Coordination:

The Contractor shall coordinate the services with the following Points of Contact (POC): (to be advised on award).

Timeline:

Any changes to below timeline must be agreed upon, at least one week before deadline(s) by both vendor and FAS.

Phase Deadline Detail/Deliverable:

1. Within 15 days of contract award vendor will meet with FAS to best understand scope of

FAS objectives, resources (including limitations), contacts, cooperators' presence, and experiences.

2. Within 30 days of contract award vendor and FAS will agree on a strategy for developing the DelicioUS! common brand. Vendor will move forward with agreed strategy.

3. Within 60 days of contract award FAS and vendor will evaluate success of suggested strategy.

4. Within 90 days of contract award FAS and vendor will evaluate success of suggested strategy.

5. Within 120 days of contract award FAS and vendor will evaluate success of suggested strategy.

6. Conclusion: Vendor delivers final report.

Place(s) of Performance:

The principal place(s) of performance of the effort(s) associated with this SOW shall be at the contractor’s premises. The contractor must have an existing office within the one of the

European Union member states from which they are able to plan, coordinate, and implement live brand experiences under the brand in addition to other activities. Contractor must be available to be in Berlin for pre-scheduled meetings with the COR and FAS Berlin managing team as needed.

Contractor must be available for contact by FAS Berlin between the working hours of 9:00 to

17:00 Central European Time.

Acceptance Criteria:

Contractor will be evaluated by their success in meeting timelines within budgets and with products that meet the requirements defined by the COR. Contractor should have previous experience conducting PR campaigns that include digital media in Europe and customized for a

European audience. Experience developing PR and/ or digital media campaigns for a German audience is a plus. Contractor should have an existing office in Europe that has experience and is able to plan, coordinate, and implement live brand experiences under the brand in addition to other activities.

Standards:

All work will be completed in accordance with standards, procedures and guidelines described in this SOW, as well as other standards that will be provided by the COR.

Deadlines and Contracting Requirements:

The selected vendor will work closely with FAS-Berlin staff to implement the brand strategy and will provide regular updates to the FAS-Berlin team throughout the life of the project. This includes quarterly updates on performance metrics, the final of which is a cumulative review of activities and metrics for the entire contract period. Preference will be given to agencies that are familiar with our current food and agriculture partner associations or that have experience serving the food or agribusiness sectors.

In order to process all contracting paperwork, the selected agency will be required to provide a

Unique Entity ID (UEI, formal D-UN-S number), which can be obtained by registering at https://fedgov.dnb.com/webform.

APPLICABLE CLAUSES AND PROVISIONS

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors -

Commercial Products and Commercial Services applies to this acquisition; FAR 52.212-2, Evaluation – Commercial Products and Commercial Services; FAR 52.212-3, Offeror

Representations and Certifications - Commercial Products and Commercial Services and FAR

52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment to be completed with other certifications and submitted with the offer;

FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial https://www.acquisition.gov/content/regulations

Services, 52.203-18; 52.204-7; 52.204-13; 52.204-16; 52.204-18; 52.232-40; 52.217-5; 52.228-

3; 52.228-4; DOSARS 652.206-70; 652.232-70; 652.242-73; 652.243-70.

The following clause(s) are provided in full text:

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services (Nov 2021)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within the contract’s performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within the contract’s performance period; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years and 6 months.

Recruitment of Third Country Nationals (TCNs) for Performance on Department of

State Contracts (December 4, 2014)

1. Where contracts exceeding the Simplified Acquisition Threshold will require the recruitment of TCNs, the offeror is required to submit a Recruitment Plan as part of their proposal. Contractors providing employer furnished housing are required to submit a Housing

Plan.

2. Recruitment Plans must:

a. 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.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. State in the offer that the recruited employee will not be charged recruitment fees as defined in FAR 22.1702 and FAR 52.22-50. 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.

d. 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.

e. 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.

f. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

g. State in the offer that the contractor has read and understands the requirements of FAR

52.222-50 Combating Trafficking in Persons.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror 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 offer that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in their 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.

4. Department of State contractor and subcontractors will prevent human trafficking and treat employees with respect and dignity by taking the following actions:

a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents, passports, or immigration documents. Contractors and subcontractors 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, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

b. Contractor shall provide employees with signed copies of the/their employment contracts that are in a language the worker understands and 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. Contracts must be provided prior to employee departure from their countries of origin. Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach of this contract.

c. Contractor shall provide all employees with the Department’s “Know Your Rights” poster and document that employees have been briefed on the contents of the poster. The English language version is available at posters and accompanying directions or from the Contracting

Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating

Trafficking in Persons including the requirements against procuring commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer’s

Representative.

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the TCNs 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, StateOIG.gov/Hotline at 202-647-3320 or 1-800-409-9926 or via email at WPEAombuds@stateoig.gov.

f. 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 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 and/or legal redress in the country of employment and/or is a witness in a trafficking-related enforcement action.

g. 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.

h. The contractor agrees to include this clause in all subcontracts over the simplified acquisition threshold involving recruitment of third country nationals for subcontractor performance.

5. For contracts or subcontracts other than commercially available off the shelf items with performance overseas valued at $500,000 or more, offerors will 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 human trafficking and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief of the signatory, neither the prime nor its agents nor 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.

6. 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.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Products and Commercial Services the applicable clauses under paragraph

(b) are: 52.203-6 Alternate I; 52.204-10; 52.209-6; 52.222-50; 52.223-18; 52.225-13; 52.232-19;

52.232-33; 52-225-5; 52.229-12; [U.S Based Company: 52.222-21; 52.222-26; 52.222-36].

The following provision(s) are provided in full text:

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

(Nov 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror

(as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at

FAR 52.212-2, as provided in this solicitation.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price

The price will be evaluated by the lowest aggregate sum of the services including travel cost, equipment, insurances, materials and all other expenses necessary to provide the services, VAT (if applicable) etc.

(ii) Technical Capability/Acceptability

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu in effect as follows:

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Products and

Commercial Services (Nov 2021)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors –

Commercial Products and Commercial Services (Nov 2021) is augmented as follows:

Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.

52.233-2 Service of Protest (Sept 2006) http://ice.cgfs.state.sbu/

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Regional Support Office, Giesenerstrasse 30, 60435 Frankfurt, Germany.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

The remainder of this page is intentionally left blank.

https://www.acquisition.gov/far/part-33#FAR_33_101

VOLUME I:

1. PRICING

(i) The offeror shall complete pricing information in the table below:

CLIN Description Unit Quantity Unit

Price

Extended

Cost

0001 Promotion services for brand campaign DelicioUS!, Base year performance period

As described in the SoW

Lot 1

0002 Value Added Tax (VAT) on

CLIN 0001

(if applicable)

Lot 1

0003 Defense Base Act (DBA)

Insurance for Base year

(if applicable)

Lot 1

1001 Option for additional services, first option year

As described in the SoW

Lot 1

1002 Value Added Tax (VAT) on

CLIN 1001

(if applicable)

Lot 1

1003 Defense Base Act (DBA)

Insurance for first option year

(if applicable)

Lot 1

Grand Total (CLINs 0001-1003):

State Currency: __________

(ii) 52.212-3 Offeror Representations and Certifications - Commercial Products and

Commercial Services (May 2022)

Offeror Representations and Certifications - Commercial Products and Commercial

Services - the selected offeror must submit a completed copy of the listed representations and certifications. A completed copy of these provisions MUST be included on the System for Award

Management (SAM) web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision in the attachment A.

(iii) Provide the evidence of SAM registration as required in FAR 52.204-13. The SAM status must be “active”.

(iv) Completed form W-14 (Attachment B) if the offeror has represented that it is not a

U.S. person and is eligible for exemption from the 2% excise tax.

VOLUME II:

1. TECHNICAL CAPABILITY

The proposed services shall meet all of the required technical specifications and the delivery terms contained herein. In addition, the offeror shall provide:

(A) Offeror’s Past Performance Information: This includes a list and short description of examples of food, beverage, or agriculture related projects from the past 2 years

(2021-2022). References from these projects and links to digital media if still applicable. Candidates should demonstrate experience working on campaigns that target consumers in the European Union; experience working with influencers and food industry (I.e., restaurants, chefs, retailers, food press, etc.) in the European

Union. Demonstrated awareness of U.S. food scene is a plus.

(B) Interested PR agencies should have at least 10 years experience in public relations and at least 5 years working on social and traditional media campaigns dealing with the food and beverage sector. The lead project manager assigned to the project should have at least 5 years experience working on campaigns in the food and beverage sector. Other staff should have a least 1 year of experience working on campaigns in the food and beverage sector.

(C) Strategic Plan for carrying out the promotion services specified in SoW

(D) Evidence of an Office presence in the European Union.

https://www.sam.gov/portal

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Volume I - Price Offer and Attachment A, Representations and Certifications.

(2) Volume II - Technical Capability – offeror’s past performance, strategic plan, experience of proposed PR firm and Agents and evidence of an office presence in the European Union.

Submission of Questions:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1100 hrs Central European Time (CET) on Friday, January 13, 2023, email to

Katsiaryna Yarashevitsh at Yarashevitshk@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0007”

Late questions may not be considered.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1600 hrs Central European

Time (CET) on Wednesday, February 1, 2023, email to Katsiaryna Yarashevitsh at

Yarashevitshk@state.gov and Frankfurt RPSO@state.gov. The email subject line must read

“Solicitation 19GE5023Q0007”.

Late submissions shall not be considered.

Applicable laws and regulations: Solicitation and award will be subject to laws and regulations of the United States of America.

{END OF SOLICITATION}

mailto:Yarashevitshk@state.gov mailto:Yarashevitshk@state.gov

Attachment A:

Representations & Certifications

52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (May 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR

121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR

124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the

United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).