19GE5024R0017-0002.pdf

SOLICITATION DOCUMENT

United States Embassy Jerusalem, Israel

Bureau of International Narcotics and Law Enforcement Affairs Community-Oriented Policing Program

SOLICITATION NO. 19GE5024R0017

AMENDMENT 0002

Issued by:

U.S. Consulate General Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main Germany

19GE5024R0017

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

03/28/2024

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

FRANKCODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT

GERMANY

Sarah Pfannkuche

NAME

TEL.

pfannkuches@State.gov

EMAIL

6. ISSUED BY OPEAQMCODE

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

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19GE5024R0017

CONTACT: UEI:

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

02/23/2024

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

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

D. OTHER (Specify type of modification and authority)

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

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

Amendment 0002:

This amendment is issued due to the following:

1. provide Questions and Answers included in this amendment.

2. add missing FAR clause 52.249-8.

3. add missing FAR provision 52.212-1.

4. add to Addendum to FAR 52.212-1 the instruction to provide with Volume 2 a detailed price breakdown of all associated costs per CLIN (except for DBA insurance CLINs).

5. amend Section IV - Evaluation Factors to remove inapplicable "The Government reserves the right to reject proposals that are unreasonably low or high in price".

6. extend the deadline for submission of proposals from April 5, 2024, 15:00hr CET to April 22, 2024, 15:00hrs CEST.

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

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

Nicolas Wilhelm

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

03/28/2024

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS // CGFS

/s/

Line Item Summary

Solicitation Number:

19GE5024R0017

Contract Number: Title: INL Community Policing Project

(COP)

Date of Solicitation:

03/28/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001:

Program Management Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

002 CLIN 0002:

6 Program Assistants Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

003 CLIN 0003:

Defense Base Act (DBA) insurance Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

004 CLIN 1001:

Program Management Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

005 CLIN 1002:

6 Program Assistants Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

006 CLIN 1003:

Defense Base Act (DBA) insurance Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

007 CLIN 2001:

Program Management Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

008 CLIN 2002:

6 Program Assistants Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

009 CLIN 2003:

Defense Base Act (DBA) insurance Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

010 CLIN 3001:

12.00 SV $0.00 $0.00

Line Item Summary

Solicitation Number:

19GE5024R0017

Contract Number: Title: INL Community Policing Project

(COP)

Date of Solicitation:

03/28/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

Program Management Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 12.00

$0.00 $0.00

$0.00 $0.00

011 CLIN 3002:

6 Program Assistants Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 0.00

12.00

MO $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

012 CLIN 3003:

Defense Base Act (DBA) insurance Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

LT $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

Section A - Solicitation/Contract Form Identifier Title Date Number of

Pages 1 RQS 19GE5024R0017.pdf 02/26/2024

Section A - Solicitation/Contract Form

QUESTIONS AND ANSWERS - .

1. Question: Section I, The Schedule, Pages 4-6, request that offerors complete pricing information for three CLINs (CLINs 0001-0003). However, the Statement of Work (Section 1.2 Community-Oriented Policing Program and Section 1.3 Duties and Responsibilities), Pages 8-10, outlines various other direct costs (ODCs), such as: “Establish one or more in-country program management office(s) in the West Bank (preferably in Jericho or Ramallah), including staff, office equipment and materials to manage this contract.” and “Develop a list of equipment needed for each of the three PCP facilities (Jericho, Bethlehem, Ramallah).” We have the following related questions:

a. Will the ODCs be bid post award?

b. If so, should offerors include plug numbers for the items in Volume 1?

c. Is it expected that any anticipated ODCs (mobilization, R&R, housing, demobilization costs, to name a few) are to be included in CLINs 1 & 2?

Answer:

a. The contractor’s responsibility is to develop list of ODC/equipment needed for each location. COR/CO will decide if they will be purchased separately by INL or added as a modification to the contract.

b. No, offerors shall not include plug numbers for the items in Volume 1.

c. The CLINs for Program Management should cover mobilization, housing, and R&R, if required. With this amendment the offeror shall submit a detailed price breakdown of all costs (see Addendum to FAR 52.212-12, Volume 1 provided with this amendment).

2. Question: Section I, Statement of Work, 1.3 Duties and Responsibilities, Page 9, states: “The Contractor shall: ... c. Develop a performance monitoring plan that will incorporate project goals and deliverables that explicitly link to INL’s strategic goals.” We have the following questions:

a. Should offerors follow a specific outline or template for the performance monitoring plan that is to be included in Volume 2?

b. Would INL specify the criteria for evaluating the performance monitoring plan?

Answer:

a. For submission of Volume 2, there is no specific template to be used. The contract requires a bi-weekly written report (once every 2 weeks). The monitoring plan can be incorporated into the bi-weekly report.

INL/Jerusalem uses DevReports for reporting and monitoring purposes. All submissions will be done in DevReports. INL will provide training upon post award.

b. The only criteria for the plan is to outline planned monitoring activities of your staff. Plans will be evaluated as Adequate or Inadequate.

3. Quesion: Section II, 52.225-19 - Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020), Page 42, states: “All personnel have received--(A) A country clearance or special area clearance, if required by the chief of mission; and (B) Theater clearance, if required by the Combatant Commander. (v) All personnel have received personal security training. The training must at a minimum-- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately.” We have the following related questions:

a. Could INL please clarify if personnel are required to have any types of clearances (e.g., Moderate Risk Public Trust [MRPT] clearances, country clearances or special area clearances)?

b. Is HEAT training or INL Prep required for personnel prior to mobilization?

Answer:

a. No, they do not require clerances. In addition, please note that contractor staff are not required to be U.S. citizens.

b. No, it is not required.

4. Question: Section II, 52.225-19 - Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020), Page 43 states: “(i) The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammunition to specified employees;”. Could INL please clarify if carrying a weapon will be a requirement on this contract?

Answer: No, weapons are not authorized. The Statement of Work is geared toward assisting the PCP with developing community policing programming.

5. Question: Section IV, Evaluation Factors, Page 52, states: “Award will be made to the lowest priced, acceptable, responsible offeror.” Given that the technical approach, suitability of identified personnel and other factors could influence the success of this high-profile and sensitive work with the PCP in an unstable security situation, would INL consider evaluating proposals using a Best Value approach instead?

Answer: No. For this procurement Lowest Price Technically Acceptable (LPTA) evaluation procedures will be used.

6. Question: The Anti-Terrorism Clarification Act of 2018 shut down a significant number of programs, positions, and funding to the PASF. Requiring recent and relevant past performance within the region over the past 3 years will limit competition among otherwise qualified companies. Question: Would the government consider extending recent and relevant past performance to 5 years?

Answer: Yes, with this amendment we are extending the past performance to 5 years.

7. Question: The Pre-Proposal Conference was conducted after the RFP was released, and the questions are not due until 22 March.

Question: Would the government consider extending the proposal submission date from Apr 05, 2024 03:00 pm CEST to Apr 30, 2024 03:00 pm CEST?

Answer: With this amendment, the proposal due date will be amended to April 22, 2024, 3:00pm CEST.

8. Question: The preproposal conference identified other desired functions and outcomes of the COP program, specifically women’s outreach through these facilities for crime reporting. Question: Can the government identify other unstated functions, goals, or program objectives within the SOW to ensure that bidders can provide the most comprehensive solution with the best mix of qualified candidates.

Answer: Expected Outcomes are listed in the Statement of Work, part 1.2 and Duties and Responsibilities are listed in part 1.3.

Currently, there are no unstated functions and goals. The contractor working with INL’s Police Advisor and the PCP will help us develop a plan and an understanding of what is feasible in the West Bank.

9. Question: Regarding the Statement of Work, Section 1.4.1 Key Personnel requirements, would the US Government accept a qualified Program Manager that is accompanied by an Arabic Translator?

Answer: Yes, this can be accepted.

10. Question: Given there are only nine working days between the questions deadline and the proposal deadline, we are concerned there will be insufficient time to incorporate any changes resulting from the Q&A into our proposals. Would INL consider extending the proposal deadline by at least a week?

Answer: Please see answer to question 7.

11. Question: Please provide a copy of the 2021 INL Assessment.

Answer: The 2021 INL Assessment is for U.S. Government Use Only and is therefore not releasable.

12. Question: In our experience implementing community-oriented policing activity in fluid and complex environments, it can take time to fully develop the trust and responsiveness envisioned by INL's objectives for this program. Would INL consider expanding the past performance requirement from 3 years to 5 years to allow offerors to provide a greater array of project activity that demonstrates capability in delivering the solicitation's performance requirements?

Answer: Please see answer to question 6.

13. Question: Will INL consider changing the requirement for Arabic fluency to optional or desired for the Project Manager position?

Answer: Arabic on a Level 2 (DOS Standard) is acceptable. In addition, see answer to question 9.

14. Question: Will INL consider including as part of the 6 years of experience in law enforcement, time spent in similar positions outside of the U.S.?

Answer: Yes, it will be considered.

15. Question: DOSAR 652.228-70 DBA-covered contractor employees states that worker's compensation laws do not exist that will cover local nationals and third country nationals. Our understanding is that worker's compensation for local nationals is required by the Ministry of Labor. Please confirm.

Answer: Yes, DBA insurance is required.

16. Question: Please see Section I part E. Please confirm the invoice can be submitted by email.

Answer: Yes, invoice submission via Email is acceptable.

17. Question: Section I, part D. Please confirm we will receive VAT exemption for Palestine and Israel. Under USAID awards, only a VAT exemption for Palestine is provided.

Answer: A VAT exemption from the Palestinian Authority is available; it is not available from Israel.

18. Question: Please clarify whether non-labor costs, such as travel and ODCs, should be included under CLIN- 0001 or elsewhere.

Answer: The CLINs for Program Management (CLIN 0001, 1001, 2001, 3001) should include cost of setting up and maintaining an office in the West Bank. This would include but not limited to the rental of cars for staff, laptops, cell phones, housing, insurance. The CLINs for the Program Assistants (CLIN 0002, 1002, 2002, 2003) shall include the fully loaded labor rates. With this amendment the offeror shall submit a detailed price breakdown of all costs (see Addendum to FAR 52.212-12, Volume 1 provided with this amendment).

19. Question: Contracting Standards: Please confirm that 14 FAM 240 (CECAS) does not apply to current operations within the West Bank for personnel security and risk mitigation for US nationals living in Ramallah or Jericho as specified in the PWS. Considering requirements for reporting and data collection; funding and aid disbursements, and coordination with Partner nations this would provide valuable inputs to this solicitation and substantially reduce liability to INL-J.

Answer: 14FAM 240 (CECAS) does not apply. This procurement does not require contractor’s staff to be U.S. Nationals.

20. Question: Page 88, L.4.1.1, M.4.1.1: “Offeror shall provide its Staffing Plan for the specific personnel listed below . . . C.3.3.5.1 (1)-(4).“ Please confirm it is not the Government’s intent to include the position listed under C.3.3.5.1 (5) in the Staffing Plan and related requirements of Section L.4.1.1.

Answer: This does not appear to be part of this soliciation.

21. Question: Section I, Page 6, General Information: The Bureau of International Narcotics and Law Enforcement (INL) at U.S.

Embassy Jerusalem assessed Palestinian security, justice, and corrections systems in 2021. Does the USG anticipate any level of scope change as a result of what has been occurring in that region since Oct 7, 2023?

Answer: Not at this time. If the situation changes during the period of performance, the Contracting officer can issue a Stop Work Notice or a Termination for Convenience.

22. Question: Section I, Page 6, General Information: Once the building has been completed, it will be managed and sustained by the local municipality. PA municipal funding is highly subsidiary. Question: Will the contractor be provided budget and funding projections from which to ensure the scope of the project is sustainable by the PA.

Answer: No. The contractor is to make detailed recommendations on needed improvements or equipment to a facility. INL does not provide maintenance.

23. Question: Section I, Page 7, Current Status: The provision of equipment is often dependent on COGAT approval. Will USE Jerusalem obtain these approvals or will the contractor?

Answer: Items requiring COGAT approval will be handled by the COR. Items available in the West Bank generally do not need approval.

24. Question: Section I, Page 7, Current Status: as well as upgrading IT equipment to improve communication with the public and promote the concept of community policing. It is expected that INL’s community policing project will consult with EUPOL COPPS and design and implement the INL community policing program which complements and coordinates with the EUPOL COPPS initiative.

a. What software and equipment has been approved by COGAT to support this requirement? Internet connectivity is limited within the West Bank and cloud-based solutions are typically problematic. How does INL want to maintain and mirror software outputs and databases to ensure records are not lost over the programs evolution?

b. If the decision is made to provide radio equipment, who will be responsible for obtaining frequencies and programming the equipment? Will radio requirements be placed under this contract vehicle or will contractors need to make recommendations under INL Contract 19AQMM23R0067?

Answer:

a. INL-J has a contractor currently working on designing an IT system for the PA. Under the COP contract the requirement is to consult with EUPOL COPPS on their IT development. Also, to analyze how the IT systems are working at the PCP facilities being used for the Community Policing project and to make recommendations. IT design is not part of this contract.

b. Radio Equipment will not be placed under this contract. Recommendations on radio equipment is expected from the contractor.

Any procurement will be done by INL.

25. Question: Section I, Page 10, Key Personnel: The PM is required to be "Fluent in Arabic and English":

a. What is the expected level of fluency in arabic?

b. Please specify requirements for both reading and writing.

c. Are there language requirements for the Program Assistance?

Answer:

a. DOS Level 2.

b. DOS Level 2.

c. No, there is no language requirement for the Program Assistants. However a major part of this contract is working with the PCP, most whom do not speak English on a working level.

26. Question: Is there a specific resume format to be used?

Answer: No, there is no specific resume fortmat to be used.

27. Question: Section I, Page 4, Type of Contract: We understand this is an FFP contract. Please identify the expected level of travel within the West Bank, the number and frequency of meetings at the INL J office in Jerusalem, and other unspecified work locations and areas to assist with incorporating the price of Travel. Alternatively, would INL consider incorporating both a Travel CLIN and a mobilization and demobilization CLIN with a plug figure to ensure a competitive evaluation of all bidders?

Answer: INL/J expects to have meetings in the contractor’s office, or at PCP offices in the West Bank. No meetings are anticipated at the U.S. Embassy. The offerors shall include cost of leasing vehicles and all related expenses under the CLINs for Program Management Office. With this amendment the offeror shall submit a detailed price breakdown of all costs (see Addendum to FAR 52.212-12, Volume 1 provided with this amendment). See answer to question 18.

28. Question: Authorized Instruction to Contractor: Please advise what role, if any, is played by the office of the United States Security Coordinator in the oversite of this project.

Answer: USSC will not have any oversight on this contract. INL-J has a Police Subject Matter Expert (SME) who will coordinate with the contractor.

29. Question: Illustrative Activities: Please provide the referenced INL-conducted survey of public perceptions to ensure the best possible technical approach to section 1.2 requirements.

Answer: Results of the ongoing survey will be shared with the Contractor as they become available at the start and during the period of performance.

30. Question: Illustrative Activities: Please advise how often program personnel are to visit and evaluate compliance with the 24/7 staffing expectation in Jericho, Ramallah, and Bethlehem. Due to security requirements and curfews, transiting the West Bank at night to confirm staffing can be difficult.

Answer: The contractor is not required to provide 24/7 staffing at the community policing centers. The goal is for the PCP to provide 24/7 access. Our goal is to help them get to that level. The compliance evaluation can be done remotely, but first we must identify the community policing facilities. The compliance plan will be developed during meetings with PCP, INL, and the contractor.

31. Question: Emergency Evacuation Plan: Will INL support issuing personnel a Gray Service passport to avoid conflicts with COGAT approvals, and border crossings into Israel, and to support the exfil of program personnel under duress?

Answer: INL is not able to provide service passports to contracting personnel. INL will explore that possibility for U.S. Citizens employed under the contract.

32. Question: Emergency Evacuation Plan: Please advise if Medevac services should be built into our FBLR or if a separate CLIN will be provided for medical and emergency transport services.

Answer: Cost for MEDEVAC shall be included in the CLINs for Program Management. With this amendment the offeror shall submit a detailed price breakdown of all costs (see Addendum to FAR 52.212-12, Volume 1 provided with this amendment).

33. Question: Deliverables: Please advise if Lautenberg vetting is necessary for any PCP personnel affiliated with this project's deliverables and requirements. If yes, please advise who will manage it and maintain approvals records.

Answer: Lautenberg vetting for PCP is not required.

34. Question: Pricing: This is an LPTA effort based on the FBLR. Are rates to be inclusive of Uplifts and danger pay as part of the final quoted price or are those additional fees to be included once people deploy in accordance with the usual INL travel policies for Uplifts?

Answer: Rates are to be fully loaded. Danger Pay or any other Uplifts are at the discretion of the contractor.

35. Question: Key Personnel: As there is no specification on labor category for personnel, will the RSO conduct background checks on any local national personnel assigned to this contract?

Answer: No, they not conduct background checks. None of the contract is being performed at a U.S. diplomatic facility.

36. Question: Key Personnel Requirements: Do positions require a security clearance?

Answer: No, security clearance is not required.

37. Question: Key Personnel Requirements: Are positions for USN, LN, and/or TCNs?

Answer: All are accepted.

38. Question: Key Personnel Requirements: Does the PM position require a bachelor's or PMP certification?

Answer: No. It requires the minimum qualification provided in the statement of work.

39. Question: What are the expected number of hours for each FTE position we are to be pricing?

Answer: The contractor shall calculate with approximately 40 to 50 hours per week.

[End of Questions and Answers]

52.249-8 - Default (Fixed-Price Supply and Service) (Apr 1984)

(a)(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to--

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).

(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods,

(5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.212-1 - Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved].

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Addendum to FAR - 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services (Sep 2023)

Summary of Instructions: Each offer must consist of the following:

Volume 1:

1. Completed SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section I, Pricing, has been filled out.

2. Completed Representations and Certifications (Section V)

3. Detailed Price Breakdown of all associated costs per CLIN (except for DBA insurance CLINs) to be submitted in Excel (there is no special form).

Volume 2:

1. Resume of the Key Personnel proposed for this contract.

2. Resume of 6 (six) Program Assistants proposed for this contract.

3. Performance monitoring plan as set forth in the SOW.

4. Recruitment Plan if Contractor will be using Third Country Nationals (TCNs) for performance under the ensuing contract.

5. Housing Plan if Contractor will be using TCNs for performance under the ensuing contract and will provide accommodation for the TCNs.

6. Compliance Plan as per FAR clause 52.222-50(h) and FAR provision 52.222-56.

7. Contractor past performance information experience list of clients over the past three (3) years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:

• Quality of services provided under the contract;

• Compliance with contract terms and conditions;

• Effectiveness of management;

• Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties;

and

• Business integrity/business conduct.

The Government will use past performance information primarily to assess an offeror’s capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror’s work experience. The Government may also use this data to evaluate the credibility of the offeror’s proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.

DEADLINE FOR SUBMISSION OF QUESTIONS

All questions shall be submitted as soon as possible but not later than Friday, March 22, 2024, by 15:00 hours Central European Time (CET). Questions shall be submitted via email to Sarah Pfannkuche at Pfannkuches@state.gov with a copy to FrankfurtRPSO@state.gov.

SUBMISSION OF PROPOSALS AND PROPOSALS DUE DATE

Proposal shall be submitted as soon as possible but not later than Monday, April 22, 2024, by 15:00 hours Central European Summer Time (CEST). Proposals shall be submitted as a pdf document via email to Sarah Pfannkuche at Pfannkuches@state.gov with a copy to FrankfurtRPSO@state.gov. The email size shall not exceed 45MB. The subject should read “Proposal

19GE5024R0017”.

Late submission may not be considered.

Proposals submitted via a link are not permitted and will not be considered.

Proposal Validity

The proposal shall be valid for 90 days.

(End of addendum)

SECTION IV - EVALUATION FACTORS

Award will be made to the lowest priced, technically acceptable and responsible offeror. The offeror shall submit a completed solicitation.

The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFP to include the technical information required by Section III.

The Government will determine Contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:

1. Adequate financial resources or the ability to obtain them;

2. Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

3. Satisfactory record of integrity and business ethics;

4. Necessary organization, experience, and skills or the ability to obtain them;

5. Necessary equipment and facilities or the ability to obtain them; and

6. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

[END OF AMENDMENT 0002]